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HomeMy WebLinkAbout2004.05.03 ORD 2004-386, 387, 388ORDINANCE NO. 2004-386 AN ORDINANCE OF THE CITY OF HUGO ADOPTING CERTAIN RULES OF THE RICE CREEK WATERSHED DISTRICT REGARDING STORM WATER MANAGEMENT. The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: WHEREAS, the City of Hugo is undertaking local water resource management and desires to temporarily adopt by reference Rice Creek Watershed District's Rules regarding storm water management (Rule C), flood plain alteration (Rule E) and wetland alteration (Rule F) and any revisions or amendments thereto as City ordinances until such time as the City adopts ordinances related to these programs. NOW THEREFORE, it is ordained as follows: Section 1. The following rules of the Rice Creek Watershed District and any amendments or revisions thereto are adopted as ordinances of the City of Hugo: Rule: Rule C "Stormwater Management Plans" Rule E "Floodplain Alteration" Rule F "Wetland Alteration" Attached Ordinance Code As: No.: Section: Exhibit A 2004-386 276.1 Exhibit B 2004-387 276.2 Exhibit C 2004-388 276.3 Section 2. This ordinance shall be effective after its passage and publication. Section 3. In the event that a court of competent jurisdiction adjudges any part of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included within that judgment. WHEREUPON the following members voted in favor: Mike Granger, Chuck Haas, Becky Petryk, and Frank Puleo WHEREUPON the following members voted against: NONE PASSED AND ADOPTED by the City Council of the C'ty of Hugo, Washington County, Minnesota this 3rd day of May 2004. FraV,KikorMayor ATTEST: Mary A reager, City Cler RULE C: STORM©WATER MANAGEMENT PLANS POLICY. It is the policy of the Board of Managers to: (a) Manage stormwater and snowmelt runoff on a regional or subwatershed basis and promote natural infiltration of runoff throughout the District to: (1) Provide effective water quality treatment and where possible provide such treatment prior to discharge to surface waterbodies and wetlands. (2) Ensure that future peak rates of runoff are less than or equal to existing rates. (3) Maximize infiltration and control runoff volume increase. (b) Require stormwater facilities to be ,constructed on individual sites where regional facilities are not available. 2. REGULATION. A permit and stormwater management plan is required under this rule for new development, redevelopment, or additions to an existing site. 3. DESIGN CRITERIA FOR STORMWATER MANAGEMENT PLANS. Stormwater management plans must comply with the following criteria: (a) A hydrograph method based on sound hydrologic theory must be used to analyze stormwater runoff for the design or analysis of flows and water levels within and off the project site. (b) Stormwater runoff rates for the proposed project must not exceed pre project runoff rates for the critical one-year or two-year and 100 -year frequency events. (c) Regional detention basins will be utilized to manage peak flow rates and meet water quality objectives where possible. On site detention basins will be utilized when regional basins are not in place or are not feasible. (d) Analysis of flood levels, storage volumes, and flow rates for waterbodies and detention basins must be based on the range of rainfall and snow melt durations which produces the critical (highest) flood levels and discharges. (e) Detention basins must be designed to provide: (1) An outlet structure to control the one-year or two-year and 100 -year frequency events to pre -project peak runoff rates. (2) An identified overflow spillway sufficiently stabilized to convey flows greater than the 100 -year critical storm event. (3) Access for future maintenance. (f) Permanent sedimentation and water quality ponds are required and must be designed to provide: (1) Water quality features consistent with NURP criteria and District wet pond criteria (see appendix (2) A permanent wet pool with dead storage of at least equal to the runoff from a 2.5 rainfall over the area tributary to the pond. (3) An outlet structure capable of preventing migration of floating debris and oils for at least the one-year storm. (4) Access for future maintenance. (g) The proposed project must not adversely affect water levels off the site during or after construction (h) Stormwater Management Plans under this rule must conform with approved Municipal Stormwater Management Plans. (I) Outfall structures within wetlands and public waters and public waters wetlands must incorporate a stilling basin, surge basin, energy dissipater, placement of ungrouted natural rock riprap or other devices to minimize disturbance and erosion of natural shoreline and bed resulting from stormwater discharges. (j) All new residential, commercial, industrial and other habitable or non habitable structures must be constructed so that the lowest floor elevations are a minimum of two feet above the critical event 100 -year high water elevation and are one foot above the overflow elevation of nearby surface waterbodies wetlands and stormwater basins. Within landlocked basins, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. (k) Development resulting in the creation of impervious surfaces must explicitly address use of best management practices (BMP's) to first limit the loss of pervious area; and second, to infiltrate runoff which does occur from impervious areas to the extent feasible considering site©specific conditions. BMP's include the use of vegetated swales, pond outlets perched above groundwater levels, use of infiltration systems, roof drainage to pervious areas, minimum of twenty percent pervious surface, use of depressed/casual storage areas, and minimization of the number and width of parking stalls and use of deep-rooted native vegetation, and narrower "rural section" roads. The goal of these BMP's is to incorporate practices into the design which are capable of infiltrating the impervious surface runoff from the Mpls-St.Paul median storm (0.34 inches) in seventy-two hours. Infiltration volume will be calculated using the appropriate hydrologic soil group classification and saturated infiltration rate from the table below. Hydrologic Soil Group Infiltration Rate Soil Textures A 0.50 in/hr sand, loamy sand, or sandy loam B 0.25 in/hr silt loam or loam C 0.10 in/hr sandy clay loam D 0.03 in/hr clay loam, silty clay loam silty clay, or clay Source: Urban Hydrology for Small Watersheds, SCS, June 1986. Infiltration area will be limited to the horizontal areas subject to prolonged wetting. Areas of permanent pools tend to lose infiltration capacity overtime and will not be accepted as an infiltration practice. (1) Landlocked basins may be provided with outlets only if they: (1) Retain a hydrologic regime which complies with District Wetland Alteration Rule F. (2) Provide sufficient dead storage volume to retain back to back 100 year, twenty four hour rainfalls and runoff. (3) Do not create adverse downstream flooding or water quality conditions as a result of increased discharge rate or volume, or other factors. (m) All stormwater management structures and facilities must be properly maintained in perpetuity to assure that they continue to function as originally designed. This maintenance responsibility must be assumed either by the municipality's accepting the required easements dedicated to stormwater management purposes, or by the applicant executing and recording a maintenance agreement acceptable to the District. 4. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11"x17." (a) Property lines and delineation of lands under ownership of the applicant. (b) Delineation of the subwatershed contributing runoff from off-site, proposed and existing subwatersheds on-site, emergency overflows, and drainageways. (c) Proposed and existing stormwater facilities' location, alignment and elevation. (d) Delineation of existing on site wetland, marshes, shoreland and/or floodplain areas. (e) Identification of existing and proposed normal, and ordinary high and 100 -year water elevations on-site. (f) Identification of existing and proposed site contour elevations related to NGVD, 1929 datum. (g) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet control structures. (h) Stormwater runoff volume and rate analyses for the one and 100 -year critical events, existing and proposed conditions. (I) All hydrologic, water quality, and hydraulic computations completed to design the proposed stormwater management facilities. (j) Narrative addressing incorporation of infiltration BMP's. (k) Delineation of any ponding or flowage easements or other property interest dedicated to stormwater management purposes. 5. PLATTING OR EASEMENT DOCUMENTS. Applicant must provide platting or easement documents showing sufficient drainage and ponding/flowage easements over hydrologic features such as floodplains, storm sewers, ponds, ditches, swales, wetlands and waterways. Structures and facilities subject to flood damage built within the 100©year flood will have two feet of freeboard between the lowest floor and the 100©year flood profile. 6. EXCEPTIONS. (a) Rule C and its requirements will not apply to development or redevelopment of individual sites less than 2.5 acres in size for industrial, commercial, and multi unit residential, and less than five acres in size for single family residential, unless such development or redevelopment: (1) Is within the 100 -year floodplain. (2) Is within 1,000 feet of a public water or protected wetland. (3) Is within 300 feet of Rice Creek, Clearwater Creek, Hardwood Creek, or of a public ditch. (b) Rule C and its requirements will not apply to construction of a single family detached dwelling on an isolated lot, unless such dwelling: (1) Is within the 100©year floodplain. (2) Is within 1,000 feet of a public water or protected wetland. (3) Is within 300 feet of Rice Creek, Clearwater Creek, Hardwood Creek, or of a public ditch. (c) Rule C and its requirements will not apply to construction on individual lots within a residential subdivision approved by the District, unless the activity does not comply with the original development plan or has been superseded by state law. (d) The requirements of paragraph (f) of Section 3 will be modified for redevelopment sites at which less than fifty -percent of the total site area (including any road right-of-way) will be disturbed, such that water quality ponding will be required only for the areas being disturbed. (e) Subdivision of land which does not propose construction of impervious surfaces or structures will be exempt from the requirements of Section 3 and paragraphs (c), (g), (h), (i) of Section 4. However, a Rule C permit is required when such future development does occur. (f) Rate control criteria discussed in Section 3 may be waived if the site discharges directly to a water body with large storage capacity (such as a public water) which has a time to peak elevation greater than that for an on site pond and the volume discharged from the on site pond is negligible, relative to the volume of runoff entering the water body. (g) The requirements of paragraphs (e) and (f) of Section 3 may be waived for sites with total impervious area of less than one acre, if infiltration BMP's have been incorporated into the project to the maximum extent possible. (h) The requirements of paragraph (j) of Section 3 may be waived for short duration floods not associated with regulatory (FEMA FIS) floodplain. Low floor elevations will not be allowed below the 100 -year water level, and the two -foot freeboard requirement would apply to the minimum building opening elevation. Additionally, applicant must submit calculations demonstrating the duration of the flood event was sufficiently brief to prevent saturation of the soil at the low floor (i) In cases where structures are proposed below the runout elevation of land -locked basins, the low -floor elevation will be a minimum of two feet above the high water level as determined from an estimate of highwater levels determined from the highest of either the 100 -year, ten-day runoff event ,..or back-to-back 100 -year, twenty -four-hour rainfalls. Aerial photos, vegetation, soils, and topography will be used to derive a "normal" water elevation for the basin for purposes of computing the 100 -year elevation RULE E FLOODPLAIN ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Protect the lives and property values of persons occupying the flood plains. (b) Enhance the floodplains' water resource values. Water resource values are defined as those characteristics which promote the natural moderation of floods, maintain the streams' water quality, and provide groundwater recharge. (c) Promote the living resource values existing in flood plain areas which include the protection of fish and wildlife resources. (d) Enhance the flood plains' significant cultural values, which include preservation of open space, natural beauty, areas for scientific study, outdoor education, and recreation. 2. REGULATION. No person may alter or fill land below the 1001year flood elevation of any public water, public water wetland or other wetlands without first obtaining a permit from the District. For permitting purposes the District is divided into Flood Plain Management Sector A and Sector B. These sectors aid in applying management principles which reflect the hydrologic importance of flood plain across the District. 3. CRITERIA FOR FLOODPLAIN ALTERATION. Permitting Requirements for Flood Plain Management Sector A Sector A contains those subwatersheds where the percentage of flood plain to total area is twelve percent or less, and the topography in terms of a generalized slope condition is predominantly greater than twelve percent. Flood Plain Management Sector A includes subwatershed 4,5,7,8,13a,14a,14b,14c,14d,14e,15b and 16. (a) Construction of impervious areas within flood plain areas will not be allowed within the designated groundwater recharge areas for the Prairie du Chien Jordan formation except for road construction, trails, and other recreational improvements. (b) To protect water quality and the conveyance capacity of the flood plain, the District will not permit site development which would involve the outside storage of soluble, toxic, or buoyant materials. Examples of acceptable flood plain uses include open space, golf courses, and parking surfaces located outside of designated recharge areas with less than six inches of flooding occurring over the surface. (c) Encroachment within the 1000year flood plain may occur if all the following conditions exist: (1) The flood plain storage volume after encroachment is equal to or greater than the flood plain storage volume prior to encroachment (compensatory storage is required). (2) This encroachment does not lie within the floodway and does not result in a violation of the District's Wetland Alteration Rule F. (3) Construction or development subject to flood damage will have a minimum floor elevation of two feet above the 100©year flood profile. (4) Any structures, facilities, or embankments within the flood plain will be capable of passing the 100©year flood without increasing the elevation of the 100©year flood profile or creating excessive velocities as determined by the District Engineer. Permitting Requirements for Flood Plain Management Sector B Sector B contains those subwatersheds where the percentage of flood plain to total area is greater than twelve percent, and the topography is characterized by a general slope condition of predominantly less than twelve percent. Flood Plain Management Sector B includes subwatersheds 1,2,3,6,9,10,11,12a and 12b. (a) Construction of impervious areas will not be allowed within the designated groundwater recharge areas of the Prairie du Chien Jordan formation except for road construction, trails, and other recreational improvements. (b) To protect water quality and the conveyance capacity of the flood plain, the District will not permit site development which would involve the outside storage of soluble, toxic, or buoyant materials. Examples of acceptable flood plain uses include open space, golf courses, and parking surfaces located outside of designated recharge areas with less than six inches of flooding occurring over the surface. (c) Encroachment may occur in the flood plain areas of Flood Plain Management Sector B if all the following conditions exist: (1) The encroachment lies within the floodway fringe area of the 100©year flood plain in those areas where floodway has been identified, or in the absence of an established floodway, compensatory (live) storage is excavated. (2) The encroachment does not result in increasing the 100©year flood profile within the floodway portion of the flood plain by more than 0.5©foot or create velocities exceeding 2.5 feet/second or as determined by the District Engineer. (3) The encroachment does not violate the principle of "equal encroachment." (4) The encroachment does not result in violation of the District's Wetland Alteration Rule F. (5) Structures and facilities subject to flood damage built within the 100 -year flood will have two feet of freeboard between the lowest floor and the 100 -year flood profile. 4. DRAINAGE EASEMENTS. Applicant will provide drainage and flowage/ponding easements over flood plain areas inundated during the 100 year flood and drainage easements within 100 feet from the centerline of Rice Creek, Hardwood Creek, Clearwater Creek, and Ramsey County Ditch #2, within fifty feet of the centerline of county and judicial ditches, or within twenty five feet of the centerline of any major drainageway of the District. 5. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11"x17." (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the work area, ordinary high water elevation, and regional flood elevation. All elevations must be reduced to NGVD (1929 datum). (b) Grading plan showing any proposed elevation changes. (c) Preliminary plat of any proposed land development. (d) Determination by a professional engineer or qualified hydrologist of the local 100 -year flood elevation before and after the project. (e) Computation of change in flood storage capacity resulting from proposed grading. (f) Erosion Control Plan. (g) Soil boring results if available. RULE F WETLAND ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands. (b) Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands. (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands. (d) Replace wetland values where avoidance of activity is not feasible and prudent. 2. REGULATION. No person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District. 3. CRITERIA. (a) The Minnesota Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules chapter 8420, as amended, are incorporated as part of this rule and govern draining or filling of wetlands within the District. (b) Excavations in wetlands for the purposes of wildlife enhancement must comply with the criteria described in the General Design Consideration for Wildlife Pond Construction and Wetland Alterations, included in the appendix of these rules. (c) Wetlands may be used for stormwater storage and treatment only if applicant demonstrates that the excavation will not adversely affect the function and values of the wetland, and will not substantially increase sediment load, tributary area, or water level fluctuations. The District will use the MPCA report, Guidance for Evaluating Urban Stormwater and Snowmelt Runoff Impacts to Wetlands to assist it in evaluating potential impacts. (d) Other activities which would change the character of a wetland must demonstrate that the quantity, quality and biological diversity of the wetland will not be diminished, as evaluated using a wetlands functions and values assessment system. (e) For wetland alterations not regulated by WCA, functions and values diminished as a result of the alteration, must be replaced at a ratio of one-to-one. 4. LOCAL GOVERNMENT UNIT. The District intends to serve as the "local government unit" for administration of the Minnesota Wetland Conservation Act, unless a particular municipality in the District has elected to assume that role in its jurisdictional area. Notwithstanding the above, the District will continue to require wetland alteration permits under this rule. 5. REQUIRED EXHIBITS. The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11"X17." (a) Site plan showing: (1) Property lines and corners and delineation of lands under ownership of the applicant. (2) Existing and proposed elevation contours, including the existing runout elevation and flow capacity of the wetland outlet, and spoil disposal areas. (3) Area of the wetland portion to be filled, drained, excavated or otherwise altered. (b) Complete delineation of the existing wetland(s), supported by the following documentation: (1) Identification of the delineation method used in accordance with the 1987 Manual. (2) Identification of presence or absence of normal circumstances or problem conditions. (3) Basin classification using the Cowardian method and Circular 39. (4) Wetland data sheets, or a report, for each sample site, referenced to the location shown on the delineation map. In each data sheet/report applicant must provide the reasoning for satisfying, or not satisfying each of the technical criteria and why the area is or is not a wetland. (5) A delineation map showing the size, locations, configuration and boundaries of wetlands in relation to identifiable physical characteristics, such as roads, fence lines, waterways, or other identifiable features. (6) The location of all sample sites and stakes/flags must be accurately shown on the delineation map. Delineations submitted by applicants will normally be field verified by District staff. Applicants must leave stakes in the field to aid review of the site. Wetland delineations should be performed during the normal growing season for this area of the State of Minnesota (May 1 © October 15). Delineations performed outside this time frame may or may not be permitted, depending on potential wetland impact in relation to the entire development or project. (c) A replacement plan, if required, outlining the steps followed for the sequencing process and including documentation supporting the proposed mitigation plan. (d) A wetland functions and values assessment comparison before and after project. (e) An Erosion Control Plan. 6. EXCEPTIONS. Clearing of vegetation, plowing or pasturing in a wetland as part of an existing and on going farming operation will not require a permit under this rule unless the activity results in draining or filling the wetland. NOTICE THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF THE AMENDMENT TO THE CITY OF HUGO ORDINANCE NO. 2004-386, 2004-387, AND 2004-388, ORDINANCES ADOPTING CERTAIN RULES OF THE RICE CREEK WATERSHED DISTRICT REGARDING STORM WATER MANAGEMENT. THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE AN ORDINANCE OF THE CITY OF HUGO ADOPTING CERTAIN RULES OF THE RICE CREEK WATERSHED DISTRICT REGARDING STORM WATER MANAGEMENT. SUMMARY OF THE ORDINANCE The ordinance indicates that the City of Hugo is undertaking local water resource management and desires to temporarily adopt by reference Rice Creek Watershed District's rules regarding storm water management (Rule C), flood plain alteration (Rule E), and wetland alteration (Rule F) and any revisions or amendments thereto as City ordinances until such time as the City adopts ordinances related to those programs. The purpose of the ordinance is to confer upon the City of Hugo regulatory and permitting authority under those rules. Rule C adopted as Ordinance No. 2004-386 governs storm water management plans. It establishes that a permit and storm water management plan is required under this rule for new development, redevelopment or additions to existing sites. It establishes certain design criteria for storm water management plans including calculation of storm water run-off rates, construction of regional detention basins, analysis of flood levels, outlet and overflow spillway criteria, water quality standards consistent with NURP criteria. It provides that all new residential, commercial and industrial and other inhabitable or non -inhabitable structures must be constructed so that the lowest floor elevations are a minimum of 2 feet above the critical event 100 -year high water elevations and are one foot above the overflow elevation of nearby surface water bodies, wetlands and storm water basins. It requires that development resulting in the creation of impervious surfaces must explicitly address the use of best management practices and establishes other such requirements. It requires an applicant to provide platting or easement documents to furnish sufficient drainage and ponding flowage easements over hydrologic features. Rule E adopted as Ordinance No. 2004-387 establishes regulations relating to the alteration of flood plains. It provides that no person may alter a fill land below the 100 -year flood elevation of any public water, public water wetland or other wetlands without first obtaining a permit from the District. It establishes criteria for flood plain alteration and permitting requirements for this activity. It details protections aimed at protecting water quality and the conveyance capacity of the flood plain. It requires the provision of drainage, flowage and ponding easements over flood plain areas. It limits encroachment on flood plain areas and establishes required exhibits for the permit application including the grading plan, preliminary plat, engineer's opinion and erosion control plan among other requirements. Rule F adopted as Ordinance No. 2004-388 regulates the alteration of wetlands within the City. It provides that no person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District. It establishes certain criteria including the terms and provisions of the Minnesota Wetland Conservation Act as governing draining or filling of wetlands in the District. It establishes that excavations and wetlands for the purpose of wildlife enhancement must comply with the criteria described in the general design consideration for wildlife pond construction and wetland alterations included in the appendix of the rules. It requires submission of certain materials in connection with an alteration permit including a site plan depicting property lines, area of the wetland, delineation of the wetland, identification of conditions present therein, wetland data sheets and an erosion control plan, among other regulations and restrictions. It provides an exception for certain farming activities including plowing, pasturing, or clearing of vegetations according to the terms thereof. PLEASE NOTE: THIS TITLE AND SUMMARY OF THIS AMENDMENT TO THE CITY OF HUGO'S ORDINANCES CLEARLY INFORMS THE PUBLIC OF THE INTENT AND EFFECT OF THE ORDINANCE AND CONFORMS WITH MINN. STAT. §412.191. A PRINTED COPY OF THE ORDINANCE IS AVAILABLE FOR INSPECTION BY ANY PERSON DURING REGULAR OFFICE HOURS AT THE OFFICE OF THE CITY CLERK. Published in the White Bear Press on the 26th day of May 2004. an�io,Mayor ATTEST: Mary Wreager, City Clerk PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION CITY OF KVQQ IF MINNESOTA PUBLIC HEARING ) The Hugo City Council will hold a public hearing on Monday, May 3, 2004, at 7:00 f Ramsey) pm, Hugo City Hall, to consider adoption of a Local Water Management Plan and Ordinance to provide for local water management, permitting, capital improvement pro- grams, and official controls. Any resident having an interest in this matter is invited to attend. illsher, or the publisher's designated agent, being duly sworn, on Mary Ann Creager City Clerk that I am the publisher, or the publisher's designated agent and an Published in the White Bear Press April 21, 2004. employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. (B) The printed -CITY OF HUGO HEARING—CONSIDER LOCAL WATER MANAGEMENT PLAN which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY the 21 day of APRIL 20 04 , and was thereafter printed and published on every to and including the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghij ktmnopgrstuv wxyz BY: 4` JZ TITLE: Publisher Subscribed and sworn to before me on this 21 day of APRIL 20 04 R RATE INFORMATION ................................................................ (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. Notary Public, Minn. (Line, word or inch rate) (Line, word or inch rate) $ 7.25/INCH (Line, word or inch rate) #PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO PUBLIC NOTICE THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF THE AMENDMENT TO TY OF HUGO ORDINANCE NO. 2004-386, 2004-387, AND 2004-388, ORDI- :S ADOPTING CERTAIN RULES OF THE RICE CREEK WATERSHED DIS- REGARDING STORM WATER MANAGEMENT. THE FULL TEXT IS AVAIL- ABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE AN ORDINANCE OF THE CITY OF HUGO ADOPTING CERTAIN RULES OF THE RICE CREEK WATERSHED DISTRICT REGARDING STORM WATER MANAGE- MENT. SUMMARY OF THE ORDINANCE The ordinance indicates that the City of Hugo is undertaking local water resource management and desires to temporarily adopt by reference Rice Creek Watershed District's rules regarding storm water management (Rule C), flood plain alteration (Rule E), and wetland alteration (Rule F) and any revisions or amendments thereto as City ordinances until such time as the City adopts ordinances related to those programs. The purpose of the ordinance is to confer upon the City of Hugo regulatory and per- mitting authority under those rules. Rule C adopted as Ordinance No. 2004-386 governs storm water management plans. It establishes that a permit and storm water management plan is required under this rule for new development, redevelopment or additions to existing sites. It estab- lishes certain design criteria for storm water management plans including calculation of storm water run-off rates, construction of regional detention basins, analysis of flood levels, outlet and overflow spillway criteria, water quality standards consistent with NURP criteria. It provides that all new residential, commercial and industrial and other inhabitable or non -inhabitable structures must be constructed so that the lowest floor elevations are a minimum of 2 feet above the critical event 100 -year high water eleva- tions and are one foot above the overflow elevation of nearby surface water bodies, wet- lands and storm water basins. It requires that development resulting in the creation of impervious surfaces must explicitly address the use of best management practices and establishes other such requirements. It requires an applicant to provide platting or easement documents to furnish sufficient drainage and ponding flowage easements over hydrologic features. Rule E adopted as Ordinance No. 2004-387 establishes regulations relating to the alteration of flood plains. It provides that no person may alter a fill land below the 100 - year flood elevation of any public water, public water wetland or other wetlands without first obtaining a permit from the District. It establishes criteria for flood plain alteration and permitting requirements for this activity. It details protections aimed at protecting water quality and the conveyance capacity of the flood plain. It requires the provision of ge, flowage and ponding easements over flood plain areas. It limits encroach - r flood plain areas and establishes required exhibits for the permit application i the grading plan, preliminary plat, engineer's opinion and erosion control plan �....... other requirements. Rule F adopted as Ordinance No. 2004-388 regulates the alteration of wetlands within the City. It provides that no person may fill, drain, excavate or otherwise alter the character of a wetland without first obtaining a permit from the District. It establishes certain criteria including the terms and provisions of the Minnesota Wetland Conservation Act as governing draining or filling of wetlands in the District. It estab- lishes that excavations and wetlands for the purpose of wildlife enhancement must com- ply with the criteria described in the general design consideration for wildlife pond con- struction and wetland alterations included in the appendix of the rules. It requires sub- mission of certain materials in connection with an alteration permit including a site plan depicting property lines, area of the wetland, delineation of the wetland, identification of conditions present therein, wetland data sheets and an erosion control plan, among other regulations and restrictions. It provides an exception for certain farming activities including plowing, pasturing, or clearing of vegetations a9cording to the terms thereof. PLEASE NOTE: THIS TITLE AND SUMMARY OF THIS AMENDMENT TO THE CITY OF HUGO'S ORDINANCES CLEARLY INFORMS THE PUBLIC OF THE INTENT AND EFFECT OF THE ORDINANCE AND CONFORMS WITH MINN. STAT. §412.191. A PRINTED COPY OF THE ORDINANCE IS AVAILABLE FOR INSPECTION BY ANY PERSON DURING REGULAR OFFICE HOURS AT THE OFFICE OF THE CITY CLERK IIT OF PUBLICATION MINNESOTA) Ramsey) sher, or the publisher's designated agent, being duly sworn, on iat I am the publisher, or the publisher's designated agent and an the newspaper known as The White Bear Press, and that I have full )f the facts which are stated below: wspaper has complied with all of the requirements constituting as a qualified newspaper, as provided by Minnesota Statute 1A.07, and other applicable laws, and amended. printed 'CITY OF HUGO OF AMENDMENT TO ORDINANCE #2004-386, 387 AND 388 iched was cut from the columns of said newspaper, and was printed ed once each week, for 1 successive weeks; it was first )n WEDNESDAY the 26 day of . 2004 , and was thereafter printed and published on every to and including , the Y of , 20 . and printed below is a copy of the alphabet from A to Z, both inclusive, which is hereby acknowledged e size and kind of type used in the composition and publication of igrstuvwxyz BY: rol,+ 04� TITLE: Publisher and sworn to before me on this 26 day of MAY 20 04 Published in the White Bear Press May 26, 2004. - - Public, Minn. MARGARET TENNESSEN i NOTARY PUBLIC - MINNESOTA ..� MY COMMISSION RATE INFORMATION " ',ek' EXPIRES JAN. 31, 2006 (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word or inch rate) (Line, word or inch rate) $ 7.25/INCH (Line, word or inch rate)