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HomeMy WebLinkAboutOrdinance 507 . . . ORDINANCE NO. 507 .,,~ ." CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 49A OF THE MUNICIPAL CODE OF MOUNDS VIEW TO INCLUDE REFERRENCES TO THE LOCAL WATER MANAGEMENT PLAN The Council of the City of Mounds View does hereby ordain that Chapter 49A of the Municipal Code of Mounds View shall be amended as indicated on the attached pages. Sections that are over-struck shall be deleted and sections that are underlined shall be added. This ordinance shall take effect thirty days after the date of its publication. Read by the City Council of the city of Mounds View this 13th day of April, 1992. Read and passed by the city Council of the City of Mounds View this 27th day of April, 1992. M~ Attest: ,.-''''"''. (SEAL) APPROVED AS TO FORM: "J CHAPTER 49A . SURFACE WATER DRAINAGE MANAGEMENT AND DEVELOPMENT CONTROL ORDINANCE 49A.01 Findinqs of Fact and Purpose. Subdivision 1. Findings of Fact. (a) The public interest necessitates sound land use development as land is a limited and irreplaceable resource and the land within the municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life and to property and threat to health and reductions of private and public economic loss caused by drainage problems. " (;~ . (b) The existing drainage system in Mounds View in general adequately meets the needs of the city. However, the storm drainage system will not in the future provide adequate or proper drainage in those areas' of the City subject to substantial residential, commercial or industrial development unless the large increase in storm water runoff that is known to result from such development is properly controlled and regulated. The consequence of not restricting such increase in runoff would be to subject a major portion of the lands of the City to high water tables, drainage problems, storm water flooding by heavy rains, inadequate drainage facilities, causing erosion, damage to property, disruption of residential, commercial and governmental services, unsanitary conditions and interruptions of transportation, all of which would be detrimental to the health, safety, welfare and property of affected residents of the city. (c) The Local Water Management Plan was prepared for the city in accordance with Minnesota Statutes 103B.201 TO 103B.255. The plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. The goals, policies, and development guidelines in the Local Water Management Plan are hereby incorporated by reference into this Chapter. Subdivision 2. Purposes. (a) The efforts of the City'S Water Management programs are to prevent flooding and improve water quality through the best possible utilization of wetlands and artificial detention areas. Wetland management, as opposed to preservation, will allow the city to maintain the integrity of its wetlands while improving water quality and reducing the City maintenance efforts. . (b) To guide and control new development of lands within the City in ways that will be consistent with the zoning laws and Comprehensive Development Plan in' force at the time of the development, consistent with the requirements of the Local Water Management Plan, Rice Creek Watershed District, Municipal Code, Minnesota State Statutes, and other regulatory agencies and consistent with sound economic policies as such policies affect property owners and the proponents of new developments; and to require proponents of new developments to adopt sound development 1 ... ,~ plans and proposals that will cause no economic burden both as to s~orm waters or drainage, on the owners of abutting or adjoining properties, or affected properties, or on the property owners of the City at large. . 49A.02 General Provisions. Subdivision 1. ApPlicability. The requirements adopted herein shall apply to all development proposals that are subject to the provisions of Chapter 59.07 of the Municipal Code. Subdivision 2. Required Facilities. The City may, at its sole discretion, require. conveyance systems, retention and/ or detention areas and associated water quality improvement structures for any development proposal to meet the goals, policies and development guidelines of the Local Water Management Plan dated February 12, 1990 subject to subsequent revisions. Subdivision '3. Performance Guarantee. Whenever privately owned and maintained drainage improvements shall be required for a development by the City, the developer shall provide a seven year maintenance/performance guarantee to assure proper maintenance and operation of such improvements. In such cases, the developer shall also hold the city harmless for any defect in design, construction or operation. Subdivision 4. Financial Responsibility. Drainage facility improvements required for any development proposal shall be the financial responsibility of the developer. . 49A.03 Design Standards. Subdivision 1. Storm water facilities required for any development shall be designed and constructedzelopment Guidelines of the Local Water Management Plan dated February 12, 1990 subject to subsequent revisions. Subdivision 2. The ~amsey County Erosion and Sediment Control Handbook (1989) prepared by the Ramsey County Soil and Water Conservation District and subsequent revisions thereto shall be utilized in the design and construction of sediment and erosion control measures within the city. 49A.04 Definitions. . Subdi~yyioion 1. Five. Fifty ;:md One Hundred Year storm. It ohall be aD detcrmined by the u.s. Weather Burcau Technical raper NOD. 40 and 49 and ohall be the 24 hour rainfall event with a probability of reoccurrence of once in five, fifty or onc hundred years. Subdivioion 2. Retention Baoin. It ohull be an area deoignuted to otore the ourfuce ~later druinuge from the adjoining drainage buoin ,lith no outlet to dmmotream arcuo. Subdivioion 3. Detention BuDin. It ohull be un urea deoignuted to reotrict and temporarily otore ourface 'later drainuge from the udjoining drainage bUD in. 2 . . . r . Definitions related to this Chapter are contained in Volume 3. Anpendix C of the Local Water Manaqement Plan. 49A.05 Responsibility. Neither the issuance of a pe:r~it nor compliance with the conditions thereof, nor the provl.sl.ons of the Chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to person or property. A permit issued pursuant to this Chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. 49A.06 Penalty. Any person who violates the provision of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil enforcement shall be assessed against the party so enjoined. Any person who, in violation of this Chapter, alters, changes, or modifies any surface water drainage facilities shall restore such facilities to their original condition within the time limit set by the Council. 49A.07 Severability. If any part of the Chapter is held to be unconstitutional or otherwise illegal, the remainder of this Chapter shall be deemed and held to be valid and remain in force and effect as if such portion had not been included herein. If this Chapter of any provision herein is held to be applicable to any person, property, or work, such holding shall not effect the applicability hereof to any other person's property or work. 49A.08 Variance and Appeals. Subdivision 1. processinq of Application. Any application for variances or appeals shall be processed according to the procedures specified in Chapter 40 of the Municipal Code. Subdivision variance may be prohibited in the or which would: 2. Restrictions on Grantinq Variances. No granted which would allow any use that is zoning district in which the property is located (a) Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. (b) Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within this city or onto land areas adjacent to Rice Creek. (c) Be not in keeping with land use plans and planning objectives for the city or which would increase or cause 3 . . . ,. ~. danger to life or property. iQl Be inconsistent with the goals. policies and Development Guidelines of the Local Water Manaqement Plan dated February 12. 1990 subiect to subsequent revisions. Subdi vision 4. Required Supportinq Data. No permi t or variance shall be issued unless the applicant, in support of his application, shall submit engineering data, surveys, site plans and other information as the City may require in order to determine the effects of such development on the affected land and water area. 4 .------'