The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aquifer means a saturated, permeable geologic unit that can transmit and yield economic quantities of water under ordinary hydraulic gradients.

Best management practices (BMP) plan means a plan that incorporates practicable voluntary methods that are capable of preventing and minimizing degradation of groundwater, considering economic factors, availability, technical feasibility, implementability, effectiveness, and environmental effects. Best management practices apply to schedules of activities, design and operation standards, restrictions of practices, maintenance procedures, waste and hazardous waste management plans, practices to prevent site releases, spillage or leaks, application and use of chemicals, drainage from raw materials storage, operating procedures, treatment requirements, and other activities causing groundwater degradation.

State Law reference— Best management practices Minn. Stats. § 103H.151.

Junk includes parts of machinery, motor vehicles, trailers, unused appliances stored in the open; remnants of wood; decayed, weathered or broken construction materials no longer suitable as approved building materials; metal or any other material or castoff material of any kind, whether or not the same could be put to any reasonable use.

Junk automobiles includes any motor vehicle, part of a motor vehicle or former motor vehicle, stored in the open, which does not have attached thereto a valid and current license plate by the proper state agency or is not in operable condition.

Junk yard means an open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junk yard includes an auto reduction yard.

Manicured lawn means an area that has been sodded or seeded with turf species (e.g. bluegrass, perennial rye, etc.) and is maintained with regular mowing operations and periodic applications of fertilizer and/or pesticide.

Moderate potential groundwater risk area means a geographic area defined by natural features where the estimated time of travel may range from several years to decades for water-borne surface contaminants from activities conducted at or near the land surface, resulting in groundwater degradation to the surficial aquifer.

Natural vegetative cover means the preservation or establishment of ground cover, flower beds, shrubs, or trees not requiring the use of fertilizers or pesticides after initial planting. Natural vegetative covers are encouraged as an alternative to the manicured laws.

Recycling facilities means facilities primarily used for the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in a manufacturing process that does not cause the destruction of recyclable materials in a manner that prevents further use.

Surficial aquifer means an unconfined saturated, permeable geologic unit near the ground surface, often known as the water table or uppermost aquifer.

URRWMO means the Upper Rum River Watershed Management Organization.

Very high to high potential groundwater risk area means a geographic area defined by natural features where the estimated time of travel may range from either hours to months or weeks to years for water-borne surface contaminants from activities conducted at or near the land surface, resulting in groundwater degradation to the surficial aquifer.

(Prior Code, ch. 1020, subd. 2; Ord. No. 01-05)

The residents of the Upper Rum River Watershed Management Organization's (URRWMO) jurisdiction depend exclusively on groundwater from the surficial aquifer for a safe drinking water supply. The entire city is contained within the boundaries of the URRWMO. Certain land use practices and activities may seriously threaten or degrade this groundwater supply. The purpose of this article is to institute land use regulations, restrictions, and guidelines to protect the groundwater and to promote the public health, safety and general welfare of the residents who live within the boundaries of the URRWMO. This article is in accordance with authority granted by Minn. Stats. § 103.235 and is intended to achieve the goal of groundwater degradation prevention in concert with Minn. Stats. § 103H.001.

(Prior Code, ch. 1020, subd. 1; Ord. No. 01-05)

(a)

Boundary. The groundwater protection overlay district A is a very high to high potential groundwater risk area and includes the entire city. This area is subject to the most stringent land use and development restrictions.

(b)

Permitted uses. The following are permitted uses within the groundwater protection overlay district A. Uses not listed below or in subsection (c) of this section are to be considered prohibited uses:

(1)

Parks and playgrounds, provided that there are no on-site waste disposal or fuel storage tank facilities.

(2)

Wildlife areas.

(3)

Trails, such as biking, skiing, nature and fitness trails.

(4)

Sewered residential with a city-approved best management practices plan.

(5)

Unsewered (single-family) residential with a city-approved best management practices plan.

(6)

Agricultural activities that have demonstrated or documented the implementation of best management practices, as may be determined by the state department of agriculture, for fertilizer and pesticide uses.

(c)

Conditional uses. The following may be allowed as conditional uses within the groundwater protection overlay district A. Uses not listed below or in subsection (b) of this section are to be considered prohibited uses:

(1)

Commercial and industrial uses in unsewered areas with a city-approved best management practices plan.

(2)

Wastewater spray irrigation facilities as approved by the state pollution control agency and operated in accord with this Code, Minnesota Rules and with all permits.

(d)

Prohibited uses. In addition to the general prohibition on uses not listed above, the following are specifically prohibited uses within the groundwater protection overlay district A. These uses are prohibited based on the very high to high potential groundwater risk that activities routinely associated with these uses (storage, use and handling of potential pollutants) will cause contamination:

(1)

Animal feedlots, unless constructed and operated in accordance with Minn. Rules ch. chapter 7020.

(2)

Bulk fertilizer and/or pesticide facilities without a contingency plan prepared in accordance with Minn. Stats. § 18C.235.

(3)

Hazardous waste storage or treatment facilities.

(4)

Junk yards, auto reduction yards or auto salvage yards.

(5)

Landfills.

(6)

New cemeteries.

(7)

Nurseries for ornamental plants, greenhouses, and pesticide and fertilizer storage and use associated with retail sales outlets that do not possess a chemigation permit, if required, in accordance with Minn. Stats. § 18C.205, or a contingency plan, in accordance with Minn. Stats. § 18C.235.

(8)

Salt storage in uncovered facilities.

(9)

Storage tanks of any size unless compliance with Minn. Rules ch. 7150 can be demonstrated.

(10)

Unlicensed vehicle repair establishments.

(11)

Wastewater spray irrigation facilities, except as approved by the state pollution control agency and operated in accord with this Code, Minnesota Rules and with all permits.

(e)

Existing facilities. Where any of the uses listed in subsection (d) of this section exist within the groundwater protection overlay district A on the effective date of the ordinance from which this section is derived, owners of these facilities will be required to complete an approved BMP plan and upgrade their facilities to prevent groundwater degradation within five years from the date of the ordinance enactment. The BMP plan and the plans for the proposed upgrade must be approved, and the appropriate approval or permit issued by the city, prior to any work being initiated. Expansion of the prohibited use will not be allowed unless there is a concurrent BMP plan preparation and upgrade of the facilities.

(Prior Code, ch. 1020, subd. 3; Ord. No. 01-05)

(a)

Applicability. No portion of the city is within groundwater protection overlay district B; therefore this section applies only if district B is extended to portions of the city at the discretion of the city council. District B standards may be adequate when reviewing a variance to district A standards.

(b)

Boundary. The groundwater protection overlay district B is a moderate potential groundwater risk area extending from Roanoke Street N.W. to the western boundary of the URRWMO, except sections 25, 29, 30, 32, 35, and 36 in the city of St. Francis and sections 7, 9, 10, 12, and 36 in the town of Burns, as shown on the map on file in city hall. Land use restrictions within the groundwater protection overlay district B are less restrictive than in overlay district A.

(c)

Permitted uses. The following uses are permitted within the groundwater protection overlay district B. Uses not listed here or in subsection (d) of this section are to be considered prohibited uses:

(1)

All uses listed as permitted uses in groundwater protection overlay district A.

(2)

All uses not prohibited or listed as conditional uses in this section.

(3)

Wastewater spray irrigation facilities when as approved by the state pollution control agency and operated in accord with this Code, Minnesota Rules and with all permits.

(d)

Conditional uses. The following uses may be permitted on a case-by-case basis, providing that adequate groundwater protection or monitoring measures, as determined by the city, are instituted:

(1)

Animal feedlots unless constructed and operated in accordance with Minn. Rules ch. 7020.

(2)

Bulk fertilizer and/or pesticide facilities without a contingency plan prepared in accordance with Minn. Stats. § 18C.235.

(3)

New cemeteries.

(4)

Nurseries for ornamental plants, greenhouses, and pesticide and fertilizer storage and use associated with retail sales outlets that do not possess a chemigation permit, if required, in accordance with Minn. Stats. § 18C.205, or a contingency plan, in accordance with Minn. Stats. § 18C.235.

(5)

Recycling facilities.

(e)

Prohibited uses. In addition to the general prohibition on uses not listed above, the following uses are specifically prohibited within the groundwater protection overlay district B. These uses are prohibited based on the high probability that activities associated with these uses (storage, use and handling of potential pollutants) will cause groundwater contamination.

(1)

Hazardous waste storage or treatment facilities.

(2)

Junk yards, auto reduction yards, or auto salvage yards.

(3)

Landfills.

(4)

Salt storage in uncovered facilities.

(5)

Wastewater spray irrigation facilities except as approved by the Minnesota PCA and operated in accordance with Minnesota Rules and applicable permits.

(6)

Storage tanks of any size unless compliance with Minn. Rules ch. 7150 can be demonstrated.

(7)

Unlicensed vehicle repair establishments.

(f)

Existing facilities. Where any of the uses listed in subsection (e) of this section exist within the groundwater protection overlay district B on the effective date of the ordinance from which this section is derived, owners of these facilities will be required to complete an approved BMP plan and upgrade the facilities to prevent groundwater degradation within five years from the date of the ordinance enactment. The BMP plan and the plans for the proposed upgrade must be approved, and the appropriate approval or permit issued by the city, prior to any work being initiated. Expansion of the prohibited use will not be allowed unless there is a concurrent BMP plan preparation and upgrade of the facilities.

(Prior Code, ch. 1020, subd. 4; Ord. No. 01-05)

These standards may be imposed by the city as a condition on new or additional development by covenant, approved landscape plan or other manner:

(1)

Commercial/industrial lawn standard. All commercial and industrial uses are allowed to maintain up to a maximum of 60 percent of the site area as a manicured lawn. The remaining portion of the site, exclusive of impervious areas and the manicured lawn, shall be maintained in natural vegetative cover.

(2)

URRWMO fertilizer type and application guidelines (manicured lawns).

a.

Fertilizer usually contains nitrogen, phosphate and potash. Nitrogen is the most important lawn nutrient, but it can contaminate groundwater with nitrates. The numbers on a fertilizer bag indicate the percentage of these three plant nutrients. For example, a fertilizer labeled 10-1-4 contains ten percent nitrogen, one percent phosphate and four percent potash.

b.

Choose a fertilizer high in water insoluble nitrogen (WIN). WIN is released slowly and helps prevent "lawn burn" and groundwater contamination.

c.

Apply the amount of fertilizer shown in the chart below around May 1 and the same amount around September 15. If lawn watering is not practiced, apply half the amount of fertilizer shown. For example, a 3,000 square-foot lawn and a 10-1-4 fertilizer (ten percent nitrogen) used 30 pounds of fertilizer in May and 30 pounds after September 15. If lawn watering is not practiced, the same size lawn used 15 pounds each time. Set the lawn spreader at half the setting suggested on the fertilizer bag. Place the amount of fertilizer needed for 1,000 square feet (see below chart) into the spreader. Apply the fertilizer to a 1,000 square foot area. If the spreader empties before you finish, decrease the setting; if you have excess fertilizer, increase the setting. Write down the setting and use the same one each fertilizing period.

POUNDS OF FERTILIZER TO APPLY

(Prior Code, ch. 1020, subd. 5; Ord. No. 01-05)