For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive.
APPLICANT: Any person who wishes to obtain a building permit, zoning or subdivision approval.
BEST MANAGEMENT PRACTICES (BMPs): The most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means to control, prevent, and minimize degradation of surface water, including avoidance of impacts, construction phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management practices published by state or designated area wide planning agencies.
BUILDING INSPECTOR: A person who has received training and is given authority by the city of Rosemount to inspect and maintain erosion and sediment control practices.
CITY: The city of Rosemount.
CITY ENGINEER: The professional engineer designated by the city as city engineer or a representative thereof.
CLEARING: Any activity that removes the vegetative surface cover.
CONSERVATION EASEMENT: Legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another.
CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and nonvegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more.
CONTROL MEASURE: A practice or combination of practices to control erosion, sediment transport and attendant pollution.
CONTROL PLAN: A plan indicating the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction.
DETENTION FACILITY: A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
DEVELOPER: Any person, group, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity.
DEVELOPMENT: Any land disturbance activity that changes the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration.
DEWATERING: The removal of water for construction activity. It can be a discharge of appropriated surface or ground water to dry and/or solidify a construction site. It may require Minnesota department of natural resources permits to be appropriated and if contaminated may require other MPCA permits to be discharged.
DRAINAGEWAY: Any channel that conveys surface runoff throughout the site.
EROSION: Any process that wears away the surface of the land by the action of water.
EROSION CONTROL: Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
EROSION PREVENTION: Any measures employed to prevent erosion. Examples include, but are not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing.
EXPOSED SOIL AREAS: All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site.
FINAL GRADE: Excavation or fill of material to final smooth condition. Final grade completed as part of individual site development.
FINAL STABILIZATION: A. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed;
   B.   For individual lots in residential construction by either: 1) the homebuilder completing final stabilization as specified above, or 2) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization (Homeowners typically have an incentive to put in the landscaping functionally equivalent to final stabilization as quick as possible to keep mud out of their homes and off sidewalks and driveways.); or
   C.   For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in subsection A or B of this definition.
FLOOD FRINGE: The portion of the floodplain outside of the floodway.
FLOODPLAIN: The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood.
FLOODWAY: The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.
GRADING: Excavation or fill of material, including the resulting conditions thereof.
GRADING, EROSION AND SEDIMENT PLANS: A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to meet the specifications as detailed in the city of Rosemount "Plan Requirements And Design Guidelines".
HYDRIC SOILS: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION: Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES: Any change of the land surface including removing vegetative cover, excavating, filling, grading, and the construction of any structure.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the clean water act (sections 301, 318, 402, and 405) and United States code of federal regulations title 33, sections 1317, 1328, 1342, and 1345.
PERIMETER CONTROL: A barrier that prevents sediment from leaving a site by filtering sediment laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER: Final site stabilization. Examples include grass, gravel, asphalt, and concrete. See also the definition of Final Stabilization.
PERMIT: A permit issued by the municipality for the construction or alteration of ground.
PERSON: Any individual, firm, corporation, partnership, franchisee, association or governmental entity.
PHASING: Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
PLAN REQUIREMENTS AND DESIGN GUIDELINES: Manual detailing city specifications for all plan requirements.
PUBLIC WATERS: Waters of the state as defined in Minnesota statutes, section 103G.005, subdivision 15.
ROUGH GRADE: Excavation or fill of material to a condition suitable for general maintenance.
SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level.
SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
SEDIMENTATION: The process or action of depositing sediment.
SITE: A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT: Improvements and structures for the control of erosion, runoff, and grading.
SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this chapter temporary stockpiles of clean sand, gravel, aggregate, concrete or bituminous materials (which have less stringent protection) are not considered "soil" stockpiles.
STABILIZED: The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization.
STANDARD PLATES: General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity.
START OF CONSTRUCTION: The first land disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
STORMWATER: Defined under Minnesota rules 7077.0105, subp. 41(b), and includes precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage.
STORMWATER POLLUTION PREVENTION PLAN: A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off site nonpoint pollution.
STRUCTURE: Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas.
SURFACE WATER OR WATERS: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private.
TEMPORARY EROSION PROTECTION: Methods employed to prevent erosion. Examples of temporary cover include straw, wood fiber blanket, wood chips, and erosion netting.
WATERCOURSE: Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by Rosemount.
WATERWAY: A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLAND OR WETLANDS: Defined in Minnesota rules 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:
   A.   A predominance of hydric soils;
   B.   Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and
   C.   Under normal circumstances support a prevalence of such vegetation. (Ord. 2015-01, 2-17-2015; amd. Ord. 2015-05, 7-7-2015)