Ordinance No. 131 Consolidated Land Use Ordinance

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SECTION 22. EROSION, SEDIMENT, AND WASTE CONTROLS AND STORMWATER MANAGEMENT 1. Erosion, Sediment, and Waste Controls. 1. Policy Statement. It is the policy of the City of Gem Lake to require the preparation and implementation of erosion and sediment control plans to control runoff and erosion, to retain or control sediment on land during land construction activities, and to prevent the degradation of resources and the loss or damage of property due to erosion, sedimentation and waste. 2. Regulation. No person shall commence land disturbing activities, unless granted a variance, without first obtaining a permit from the City that incorporates and approves an erosion and sediment control plan for the activity, development or redevelopment. The plan shall be in conformance with the erosion, sediment, and waste control standards established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended. 3. Criteria. Erosion and sediment control plans and the construction activity shall comply with the following criteria: 1. Erosion sediment, and waste control measures shall meet or exceed the standard established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended; except where more specific requirements are provided in paragraphs 3.2 and 3.3 of this Section below. 2. For certain construction activities, various other permits may also be required. The owner of construction activity is responsible for obtaining any other required permits from watershed districts and other State, Federal, or local governmental agencies having any authority over the work to be performed. 3. All on -site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. 4. The permittee or applicant must ensure final stabilization of the site in accordance with the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) requirements. The site will be considered as having achieved final stabilization following submission of Notice of Termination by the permittee or applicant, and inspection and approval by the City. 4. Exception. No permit or erosion and sediment control plan shall be required under this Section for the following construction activities: 1. Minor land disturbing activities such as home gardens, repairs and maintenance work. 2. Construction, installation and maintenance of individual sewage treatment systems (ISTS) other than those on steep slopes, on riparian lots within a Shoreland District or in a bluff impact zone. 3. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. 4. Emergency activity necessary to protect life or prevent substantial harm to persons or property. 5. Minor wetland impacts that have received a "certificate of exemption or no loss" determination by the LGU (VLAWMO or RWMWD) administering the Minnesota Wetland Conservation Act of 1991, as amended. 6. All maintenance, repair, resurfacing and reconditioning activities of existing road, bridge, and highway systems which do not involve construction activities outside of the existing surfaced roadway. All construction activities not required by this Section to obtain a permit or have an approved erosion and sediment control plan shall nevertheless be conducted in full compliance with this Section. 5. Erosion and Sediment Control Plan. An erosion and sediment control plan shall be submitted for review and approval and include the following: 1. Items consistent with the SWPPP content requirements within the CSW Permit. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 109