2002-17
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BILL NO. 2002-17
AN ORDINANCE RELATING TO STORMWA TER
MANAGEMENT REGULATIONS; AMENDING CHAPTER
IV OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter IV of the Richfield City Code is amended by adding the
following Section:
Section 429 - Water Resource Management Regulations
429.01. Purpose. The purpose of these regulations is to achieve the
policies described in the city's surface water management plan relating to
wetland management, shoreline and streambank improvements, stream and
lake crossings, dredging, and stormwater management.
429.03. Definitions. Subdivision 1. For purposes of this section, the
following terms have the meanings set forth below.
Subd.2. Best Management Practices (BMPs): Guidance and design
criteria for stormwater management facilities contained within the Minnesota
Pollution Control Agency's publication entitled, "Protecting Water Quality in
Urban Areas", dated October 1989 and as amended.
429.05. Stormwater Manaqement for Land Alterinq Activities.
Subdivision 1. Administration. The city council hereby designates the
Director of Public Works as the administrator of this section.
Subd. 2. Application. Stormwater management plans shall be
reviewed and approved under the existing building permit review process.
The applicant must include the requirements of this section in the plans
submitted as part of the building permit review.
Subd. 3. Activities Subject to Stormwater Manaqement Requlations.
The following table I outlines those activities that require no permit and those
activities that require permits for stormwater management as outlined in the
city's comprehensive surface water management plan for various
development and redevelopment activities:
Table I
Requirements
No permit BMPs Water Water
Project quantity quality
control control
a) Single- family home X
construction
b) Construction on less X
than 2 acres w/ density
of less than or equal to
2 acres
c) Residential X
subdivision between 2
and 8 acres
d) Residential X X
subdivision between 8
and 20 acres
e) Residential X X X
subdivision greater than
or equal to 20 acres
f) Multi-unit residential X
development w/ less
than 8 units/acre
g) Multi-unit residential X
development greater
than 2 acres and less
than 5 acres
h) Multi-unit residential X X
development greater
than or equal to 5 acres
and less than 8 acres
i) Multi-unit residential X X X
development greater
than 8 acres
j) Commercial, X
industrial, institutional,
or mixed use
development of less
than Y2 acre
k) Commercial, X X
industrial, institutional,
or mixed use
development of greater
than Y2 acre and less
than 8 acres
I) Commercial, X X X
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Requirements
No permit BMPs Water Water
Project quantity quality
control control
industrial, institutional,
or mixed use
development of greater
than 8 acres
m) Maintenance, X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that does not
result in net increase in
impervious surface
n) Maintenance, X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that results
in net increase in
impervious surface of
less than 1 acre
0) Maintenance, X X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that results
in net increase in
impervious surface of
greater than 1 acre and
the project area is less
than 5 acres
p) Maintenance, X X X
improvement, or
construction of public or
private road, street,
highway, sidewalk, trail,
other linear project or
parking lot that results
in net increase in
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Requirements
No permit BMPs Water Water
Project quantity quality
control control
impervious surface of
greater than 1 acre and
the project area is more
than 5 acres
a. Stormwater runoff discharge rates may not
exceed the existing conditions for the 1-, 10-,
and 100-year storm events. If the increase in
imperviousness IS 50% or greater, the
discharge rate requirements must be based on
pre-development conditions.
b. Stormwater runoff to a landlocked area that
cannot handle the increased runoff must
maintain runoff volumes to the existing
conditions.
c.
Water quality control facilities must remove
50% of the phosphorous on an annual average
removal basis.
d. Stormwater ponds must have a 10-foot, 10: 1
bench, two feet of freeboard, and must remove
floatables from a 1-year event.
e. Sidewalks and trails that do not exceed 10 feet
in width and are bordered by a pervious buffer
of at least 5 feet on each side are not included
in calculations for net increase in impervious
surface.
f. Water quality and quantity provision
requirements may be waived by the
administrator if a downstream facility is in place
or will be constructed and the facility IS
designed to accommodate the stormwater
runoff from the project.
g.
The requirements of this ordinance may be
waived by the administrator or board of
adjustments and appeals if it is determined that
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meeting the requirements of this subsection on
site is not feasible.
Subd. 4. Construction Standards. The design and construction
criteria for stormwater management plans outlined in the city's surface
water management plan and the MPCA "Protection Water Quality in
Urban Areas" shall be utilized as the construction standards for these
regulations. These criteria are on file in the city engineering office.
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429.07. Penalties for Violation. Subdivision 1. Violation of the provisions
of these regulations or failure to comply with any of its requirements shall
constitute a misdemeanor and shall be punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the City of Richfield
from taking such other lawful action as is necessary to prevent or remedy
any violation. Such actions may include but are not limited to:
a. In responding to a suspected ordinance violation, the
administrator and/or building official may utilize the full array
of enforcement actions available to the guilty party.
b. When an ordinance violation is either discovered by or
brought to the attention of the administrator or building
official, the situation shall immediately be investigated.
Documentation of the nature and extent of the violation of
the official control must be provided.
c. The administrator must notify the suspected party of the
requirements of this ordinance and all other official controls
and the nature and extent of the suspected violation of these
controls. If the structure or use is under construction or
development, the Administrator may order the construction
or development immediately halted until a proper permit is
granted by the city. If the construction or development is
already completed, then the administrator may either: a)
issue an order identifying the corrective actions that must be
made within a specified time period to bring the use or
structure into compliance with the official controls; or b)
notify the responsible party to apply for an after-the-fact
permit within a specified period of time not to exceed 30
days.
d.
If the responsible party does not appropriately respond to the
administrator or building official within the specified period of
time, each additional day that lapses constitutes an
additional violation of this regulation and may be prosecuted
accordingly. The administrator must also, upon the lapse of
the specified response period, notify the landowner to
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restore the land to the condition that existed prior to the
violation of this regulation.
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Section 2. This ordinance is effective in accordance with section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
May, 2002.
/71;Uh~~C) U
Martin J. Kirsch;-Mayor
ATTEST:
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news-
Sun-Current
, and has full knowledge of the facts stat-
paper known as
ed below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. s331A.02, s331A.07, and other applicable
.'
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for ~ successive weeks; it was first published on Wednesday, the ~ day of
May , 2002, and was thereafter printed and published on every Wednesday to and
including Wednesday, the _ day of
, 2002; and printed below is a copy of
.1
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:
abcdefghijklmnopqrstuvwxyz
?
BY:
President and Publisher
Subscribed and sworn to or affirmed b'fore me
on this ~ day of Y)J& ~, ~002.
filM l'ft. L~~~ 5lJ,~~
Notar\U~ublic~ ..N~'N'N"v..^N".ti
I~""':"':" MERIDEL M. HEDBLOM I
j~"', ~ ~ NOTARY PUBLlC.MINNESOTA
\~:,:/ MY COMMISSION EXPIRES 1.31-2005
. .
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
i
(3) Rate actually charged
$
1.40 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2002-17
AMENDMENT TO CITY OF RICHFIELD I
ORDINANCE CODE SECTION 429
This summary of the ordinance is published pursuant to I
Section 3.12 ofthe Richfield City Charter.
, The purpose of this ordinance is to set minimum standards
for stormwater mariagement based on project type and I
size. The requirements of this ordinance are directed at I
land development activities that take place away from
wetlands. Said requirements are intended to protect wet-
lands from pollution and nearby properties from flooding
by controllmg the rate and the quality of water that is dis-
I charged into those wetlands.
I Copies of t~e ordinance are available for public inspection
m the Pubhc Works Department during normal business .
hours or upon request by calling Engineering Supervisor
George Atkinson at 612-861-9191.
Adopted by the City Council of the City of Richfield Min- -I'
nesota this 14th day of May, 2002. '
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
(May 22, 2002)D2IBill 2002-17