For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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 words “shall” and “must” are always mandatory and not merely directive.
APPLICANT. Any person or entity that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. APPLICANT also means that person’s agents, employees and others acting under that person’s direction.
BEST MANAGEMENT PRACTICES. (BMP’S)
Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (Examples of BMP’s can be found in the current versions of the Minnesota Pollution Control Agency’s, “Protecting Water Quality in Urban Areas,” and the same agency’s “Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands,” the United States Environmental Protection Agency’s, “Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices,” (as a reference for BMP’s) and the Minnesota Department of Transportation’s, “Erosion Control Design Manual.”) BMP’s also include treatment practices and operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal and drainage from raw materials storage.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
DETENTION FACILITY. A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff that contains a permanent pool of water.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity.
DISCHARGE. The conveyance, channeling, runoff, or drainage, of storm water, including snow melt, from a construction site.
ENERGY DISSIPATION. This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion.
EROSION. Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature.
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 AND SEDIMENT PRACTICE SPECIFICATIONS OR PRACTICE. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the either the city of local watershed group, whichever is more stringent.
EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (including trees, shrubs, and brush) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site.
FILTER STRIPS. A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75% of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed.
FLOOD FRINGE. The portion of the floodplain outside of the floodway.
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.
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 existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
LAND DISTURBANCE ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city’s jurisdiction, including clearing and grubbing, grading, excavating, transporting and filling of land. Land disturbance activity does not mean:
(1) Minor land disturbance activities such as home gardens and individuals home landscaping, repairs, and maintenance work.
(2) Construction, installation, and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbance can be anticipated.
(3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops.
(4) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
(5) Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have required an approved erosion and sediment control plan, except for the emergency, then the land area disturbed must be shaped and stabilized in accordance with the city’s requirements.
PERMANENT COVER. “Final Stabilization.” Examples include grass, gravel, asphalt, and concrete.
PAVED SURFACE. A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.
REGIONAL FLOOD. A flood that is representative of large floods know to have occurred generally in the state and reasonably characteristic of what can be expected in a 100-year flood occurrence.
RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent pool of water.
RUNOFF COEFFICIENT. The average annual fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff.
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, air, or ice, and has come to rest on the earth’s surface either above or below water level.
SEDIMENTATION. Sedimentation means the process or action of depositing sediment caused by erosion.
SEDIMENT CONTROL. The 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.
SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document stockpiles of sand, gravel, aggregate, concrete or bituminous materials are not considered “soil” stockpiles.
STABILIZED. The exposed ground surface after it has been covered by sod, erosion control blanket, rip rap, or other material that prevents erosion from occurring. Grass seed is not considered stabilization.
STORM WATER. The precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage.
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.
TEMPORARY PROTECTION. The methods employed to prevent erosion. Examples of such protect include; straw, mulch, erosion control blankets, wood chips, and erosion netting.
URBAN. Of, relating to, characteristic of, constituting a city.
VEGETATED OR GRASSED SWALES. A vegetated earthen channel that conveys storm water, while treating the storm water by biofiltration. Pollutants are removed by both filtration and infiltration.
WATERS OF THE STATE. As defined in M.S. § 115.01, subdivision 22 the term “. . . waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.”
Commentary:
Constructed wetlands designed for wastewater treatment are not waters of the state. See the definition of “wetlands.”
WET DETENTION FACILITY. A permanent man-made structure for the temporary storage of runoff that contains a permanent pool of water.
WETLANDS. As defined in Minnesota Rules 7050.0130, subpart F “. . . wetlands" are 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:
(1) A predominance of hydric soils;
(2) 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
(3) Under normal circumstances support a prevalence of such vegetation.
Commentary:
A quick reference of what is an existing identified wetland is the National Wetlands Inventory maps distributed by the U.S. Department of the Interior’s Fish and Wildlife Service. They list most, but not necessarily all wetlands.
(Ord. 128, passed 2-8-00; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1201, passed - -)