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• ORDINANCE NO. 328 will occur in its undeveloped state resulting from a five
<br /> CITY OF MOUNDS VIEW year storm.
<br /> COUNTY OF RAMSEY 49A.04 Definitions.
<br /> STATE OF MINNESOTA Subdivision 1. Five, Fifty and One Hundred Year
<br /> AMENDING THE MUNICIPAL CODE OF THE CITY Storm.
<br /> OF MOUNDS VIEW BY CREATING CHAPTER 49A, It shall be as determined by U.S. Weather Bureau
<br /> "SURFACE WATER DRAINAGE MANAGEMENT Technical Paper Nos.40 and 49 and shall be the 24 hour
<br /> AND DEVELOPMENT CONTROL ORDINANCE" rainfall event with a probability of reoccurrence of once
<br /> The Council of the City of Mounds View does hereby in five,fifty or one hundred years.
<br /> ordain: Subdivision 2. Retention Basin.
<br /> CHAPTER 49A It shall be an area designated to store the surface
<br /> SURFACE WATER DRAINAGE water drainage from the adjoining drainage basin with
<br /> MANAGEMENT AND DEVELOPMENT no outlet to downstream areas.
<br /> CONTROL ORDINANCE Subdivision 3. Detention Basin.
<br /> 49A.01 Findings of Fact and Purpose. It shall be an area designed to restrict and tern-
<br /> Subdivision 1. Findings of Fact. porarily store surface water drainage from the ad•
<br /> (a) The public interest necessitates sound land use joining drainage basin.
<br /> development as land is a limited and irreplaceable 49A.05 Responsibility.
<br /> resource and the land within the municipality is a Neither the issuance of a permit nor compliance with
<br /> resource to be developed in a manner which will result the conditions thereof,nor with the provisions of this
<br /> in minimum damage to the quality of life and to Chapter, shall relieve any person from any respon-
<br /> property and threat to health and reductions of private sibiiity otherwise Imposed by law for damages to
<br /> and public economic loss caused by drainage problems. persons or property; nor shall the issuance of any
<br /> (b)The existing drainage system in Mounds View in permit hereunder serve to Impose any liability on the
<br /> general adequately meets the needs of the City. municipality or its officers or employees for injury or
<br /> However, the storm drainage system will not In the damage to person or property.A permit issued pursuant
<br /> future provide adequate or proper drainage in those to this Chapter shall not relieve the permitee of the
<br /> areas of the City subject to substantial residential, responsiblity of complying with any other requirements
<br /> commercial or industrial development unless the large established by law, regulation or ordinance.
<br /> Increase in storm water runoff that is known to result 49A.06 Penalty.
<br /> from such development is properly controlled and Any person who violates the provisions of this Chapter
<br /> regulated. The consequence of not restricting such shall be guilty of a misdemeanor. Each day during
<br /> increase in runoff would be to subject a major portion of which said violation exists is a separate offense. Any
<br /> the lands of the City to high water tables, drainage violation of this Chapter is a public nuisance and may be
<br /> problems, storm water flooding by heavy rains, enjoined by civil action.Costs of any civil enforcement
<br /> inadequate drainage facilities,causing erosion,damage shall be assessed against the party so enjoined.
<br /> to property disruption of residential, commercial and Any person who,in violation of this Chapter,alters,
<br /> governmental services, unsanitary conditions and In- changes, or modifies any surface water drainage
<br /> terruption of transportation, all of which would be facilities shall restore such facilities to their original
<br /> detrimental to the health,safety,welfare and property condition within the time limit set by the Council.
<br /> of affected residents of the City. 49A.08 Severability.
<br /> Subdivision 2. Purposes. If any part of this Chapter is held to be un-
<br /> (a)To reduce or eliminate storm water and drainage constitutional or otherwise illegal,the remainder of this
<br /> damages and minimize storm water runoff through land Chapter shall be deemed and held to be valid and
<br /> • development management measures stressing storm remain in force and effect as if such portion had not
<br /> water retention and-or detention. been included herein.
<br /> (b) To guide and control new development of lands If this Chapter or any provision herein is held to be
<br /> within the City in ways that will be consistent with the inapplicable to any person, property or work, such
<br /> zoning laws and Comprehensive Development Plan in holding shall not affect the applicability hereof to any
<br /> force at the time of the development,consistent with the other person's property or work.
<br /> requirements of Rice Creek Watershed District, 49A.08 Variance and Appeals.
<br /> Municipal Code, Minn. State Statutes, and other Subdivision 1. Processing of Application.
<br /> regulatory agencies and consistent with sound An application for variances or appeals shall be
<br /> economic policies as such policies affect property processed according to the procedures specified in
<br /> owners and the proponents of new developments;and to Chapter 40 of the Municipal Code.
<br /> require proponents of new developments to adopt sound Subdivision 2. Restrictions on Granting Variances.
<br /> development plans and proposals that will forward the No variance may be granted which would allow any
<br /> productive use of their property and will cause no use that is prohibited in the zoning district in which the
<br /> economic burden both as to storm waters or drainage, property is located or which would:
<br /> on the owners of abutting or adjoining properties,or (a) Result in incompatible land uses or which would
<br /> affected properties,or on the property owners of the be detrimental to the protection of surface and ground
<br /> City at large. water supplies.
<br /> 49A.02 General Provisions. (b) Increase the financial burdens Imposed on the
<br /> Subdivision 1.Applicability. community through Increasing floods and overflow of
<br /> The requirements adopted herein shall apply to all water onto land areas within this City or onto land areas
<br /> development proposals that are subject to the adjacent to Rice Creek.
<br /> provisions of Chapter 59.07 of the Municipal Code. (c)Be not In keeping with land use plans and planning
<br /> Subdivision 2. Required Facilities. objectives for the City or which would Increase or cause
<br /> The City may, at Its sole discretion, require storm danger to life or property.
<br /> sewers,retention and-or detention basins or any other Subdivision 4. Required Supporting Data.
<br /> type of drainage improvements that are required for No permit or variance shall be issued unless the
<br /> any development proposal. applicant, in support of his application, shall submit
<br /> Subdivision 3. Performance Guarantee. engineering data, surveys, site plans and other in-
<br /> Whenever privately owned and maintained drainage formation as the City may require in order to determine
<br /> improvements shall be required for a development by the effects of such development on the affected land and
<br /> the City, the developer shall provide a seven year water area.
<br /> maintenance-performance guarantee to assure proper Read by the Council of the City of Mounds View on the
<br /> maintenance and operation of such Improvements. In 13th day of December, 1982.
<br /> such cases,the developer shall also hold the City har- Read and passed by the Council of the City of Mounds
<br /> mless for any defects In design, construction or View on this 27th day of December, 1982.
<br /> operation. ATTEST:
<br /> Subdivision 4. Financial Responsibility. Duane McCarty
<br /> Drainage facility improvements required for any Mayor
<br /> development proposal shall be the financial respon- (SEAL)
<br /> sibility of the developer. Donald F.Pauley
<br /> 49A.03 Design Standards. Clerk-Administrator
<br /> Storm sewer systems required for any development APPROVED AS TO FORM:
<br /> shall be constructed to at least a five year frequency
<br /> storm design,retention basins shall be constructed to City Attorney
<br /> retain at least a hundred year storm while allowing at a (Bulletin: Jan.6, 1983)
<br /> maximum,the amount of runoff from the property that
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