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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MI1r NESOTA <br />ORDINANCE 12-057 <br />ORDINANCE AMENDING SECTION 53.04 OF LAKE ELMO CITE' CODE PERTAINING TO <br />SURFACE WATER MANAGEMENT FEE ADJUSTMENT CREDIT <br />(Last Amended Ordinance 08-041., passed 4-5-2011) <br />Section 1: Amendment: Section 53.04 of the Lake Elmo City Code is hereby amended to read as follows: . <br />(A) Surface water managementfee adjustment credits. <br />(1) The City Council, upon report and recommendation of the City Administrator, Finance Director and <br />Public Works Director, shall apply a credit to a property owner's surface water management fee provided the property <br />owner has contributed to the management of surface water through intentional acts of retaining or re -using surface water <br />to have a minimal. impact on the municipal surface water management system or surface waters of the State of Minnesota. <br />The Council may apply a 25% to 75% credit based on the property owner's employment of surface water retention <br />practices in accordance with Section 150.277 of Lake Elmo City Code. These practices include the installation of: <br />a. Rain Barrel; <br />b. Rain Garden; <br />c. Retention Pond; <br />d. Swales, Ditches or man-made watercourses; <br />e. Riparian Area Plantings; <br />f. Other practices that may be deemed as intentional detention of surface water run-off. <br />(2) The City Council, may grant a one-time or ongoing credit based the effectiveness of the surface water <br />retention as it relates to the management of the municipal surface water management system as a whole. For practices, <br />such as rain. gardens constructed in the adjacent right-of-way, the City Council may grant an ongoing credit in exchange <br />for the adjacent property owner's participation in the maintenance of the surface water retention device. This credit will <br />not exceed 50% of the annual surface water management fee. <br />(3) The City Council, upon the report andrecommendation of the City Administrator and Finance Director, <br />may apply a financial. hardship credit of no greater than 75% based on a review of the property owner's ability to pay. <br />(4) All credits are subject to City Code Section 53.07 for hearing or re -computation. <br />Section 2: Effective Date: This ordinance becomes effective on the date of its publication, or upon the publication of a <br />summary of the ordinance as provided by Minn. Stat. § 41.2.191, Subdivision 4. <br />ADOPTION DATE: Adopted by Lake Elmo City Council on the fifteenth day of May 201.2. <br />OF LAKE ELMO <br />Dean A. Johnston r <br />Mayor <br />