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ORDINANCE NO. <br />STORM WATER MANAGEMENT ORDINANCE <br />AN ORDINANCE PROMOTING THE HEALTH, SAFETY AND <br />GENERAL WELFARE OF THE CITIZENS OF <br />MINNESOTA, BY AMENDING THE ZONING ORDINANCE, <br />ADOPTING NEW SECTIONS REQUIRING STORM WATER <br />MANAGEMENT PRACTICES. <br />1. STATUTORY AUTHORIZATION <br />This ordinance is adopted pursuant to Minnesota Statutes Section [462.351 for cities and towns, <br />394.21 for counties having a population of less than 300,000 according to the 1950 federal census] <br />(1990). <br />2. FINDINGS <br />The [City, County, Town] of hereby finds that uncontrolled and inadequately planned use <br />of wetlands,_ woodlands, natural habitat areas, areas subject to soil erosion and areas containing <br />restrictive soils adversely affects the public health, safety and general welfare by impacting water <br />quality and contributing to other environmental problems, creating nuisances, impairing other <br />beneficial uses of environmental resources and hindering the ability of the [City, County, Town] of <br />to provide adequate water, sewage, flood control, and other community services. In <br />addition, extraordinary public expenditures may be required for the protection of persons and <br />property in such areas and in areas which may be affected by unplanned land usage. <br />3. PURPOSE <br />The purpose of this ordinance is to promote, preserve and enhance the natural resources within the <br />[Cary, County, Town] of and protect them from adverse effects occasioned by poorly sited <br />development or incompatible activities by regulating land disturbing or development activities that <br />would have an adverse and potentially irreversible impact on water quality and unique and fragile <br />environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land <br />disturbing and development activities and water quality and environmentally sensitive lands; and by <br />requiring detailed review standards and procedures for land disturbing or development activities <br />proposed for such areas, thereby achieving a balance between urban growth and development and <br />protection of water quality and natural areas. <br />4. DEFINITIONS <br />For the purposes of this ordinance, the following terms, phrases, words, and their derivatives shall <br />have the meaning stated below. When not inconsistent with the context, words used in the present <br />tense include the future tense, words in the plural number include the singular number, and words <br />in the singular number include the plural number. The word "shall" is always mandatory and not <br />merely directive. <br />4.1 Applicant. Any person who wishes to obtain a building permit, zoning or subdivision <br />approval. <br />4.2 Control measure. A practice or combination of practices to control erosion and attendant <br />pollution. <br />4.3 Detention facility. A permanent natural or man -made structure, including wetlands, for the <br />temporary storage of runoff which contains a permanent pool of water. <br />