A. Applicability:
1. Every applicant for a subdivision approval or a permit to allow land disturbing activities must submit a stormwater management plan to the city engineer. No subdivision approval, or grading permit to allow land disturbing activities, shall be issued until approval of the stormwater management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this chapter.
2. Every applicant for a subdivision approval or a grading permit to allow wetland disturbing activities must submit a wetland assessment report to the city engineer. No subdivision approval, or grading permit to allow wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this chapter and the Minnesota wetland conservation act. This chapter applies to all land, public or private, located within the city.
3. Every applicant for a building permit, subdivision approval, or a grading permit to allow land disturbing activities must adhere to erosion and sediment and waste control design criteria, specifications, inspection requirements, and maintenance requirements in strict conformance with the provisions of this chapter and its specifications and be consistent with applicable NPDES Permits or as approved by the city engineer or designated representative.
4. A grading permit is required for land disturbing activities unless the provisions of this chapter have already been met through a building permit or a current subdivision approval where the subdivision agreement has been fully executed. This provision shall not prohibit the building official from imposing additional conditions and special requirements consistent with international building code.
B. Exemptions: The provisions of this chapter do not apply to:
1. Any part of subdivision if a plat for the subdivision has been approved by the city council on or before the effective date hereof;
2. Any land disturbing activity for which plans have been approved by the Vermillion River Watershed Management Organization within six (6) months prior to the effective date hereof;
3. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles unless the installation project results in an acre or more of land disturbing activities;
4. Land disturbing activities involving less than thirty-eight (38) cubic meters (50 cubic yards) of soil and less than one acre of disturbance unless those activities are part of a common plan of development or sale that will ultimately disturb one or more acres;
5. Emergency work to protect life, limb, or property.
C. Waiver: The city council may waive any requirement of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth in this chapter. The city council may require as a condition of the waiver such dedication or construction, or agreement to dedicate or construct, as may be necessary to adequately meet said standards and requirements. (Ord. 2015-01, 2-17-2015; amd. Ord. 2015-05, 7-7-2015; Ord. 2023-05, 10-3-2023)