2012-09 CITY OF RICHFIELD
ORDINANCE NO. 2012-9
AN ORDINANCE RELATING TO WATER RESOURCE
MANAGEMENT; AMENDING SUBSECTION 429.05
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 429.05 of the Richfield City Code is amended as
follows:
429.05. Stormwater Management for Land Altering 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. Stormwater Management Regulations
Outside of the Minnehaha Creek Watershed District. 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 outside of the Minnehaha Creek Watershed District:
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 subdivision X
between 2 and 8 acres
d) Residential subdivision X X
between 8 and 20 acres
1
Requirements
No permit BMPs Water Water
Project quantity quality
control control
e) Residential subdivision X X X
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, industrial, X
institutional, or mixed
use development of less
than 1/2 acre
k) Commercial, industrial, X X
institutional, or mixed
use development of
greater than 1/2 acre and
less than 8 acres
I) Commercial, industrial, X X X
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
2
Requirements
No permit BMPs Water Water
Project quantity quality
control control
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
o) 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
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.
3
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 meeting the requirements of this subsection on site
is not feasible.
Subd. 4. Stormwater Management Regulations in the Minnehaha Creek
Watershed District ("MCWD"). In the area of the jurisdiction of the Minnehaha
Creek Watershed District, no one may create new or replace existing pervious
surface or change the contours of a parcel of land in a way that affects the
direction, peak rate, volume. or water quality of runoff flows from the parcel or
subdivide a parcel of one acre or more in size into three or more lots without first
submitting a stormwater management plan to the city Director of Public Works
and securing a permit from the city approving the plan.
a. New development, redevelopment, subdivision of land and linear
transportation projects must comply with applicable requirements of
the MCWD Stormwater Management Rule.
b. Activities that are exempt from the MCWD Stormwater
Management Rule are exempt from this section.
c. An applicant must meet the requirements of, and provide a
stormwater management plan that includes all information required
by, the MCWD Stormwater Management Rule unless otherwise
directed by the Director of Public Works.
4
Subd. 5. Financial Assurance. city may require a performance bond.
letter of credit or other financial assurance for any project that requires
installation of stormwater best management practices. The financial assurance
shall be maintained until the stormwater best management practice has been
constructed and stabilized.
Subd. 6. Compliance with Plan and Maintenance of Facilities.
a. Projects shall be constructed and maintained in accordance with
the approved stormwater management plan and an conditions
imposed by the city.
b. All stormwater management structures and facilities must be
designed for maintenance access and properl maintained in
perpetuity to assure that they continue to function as designed.
Permit applicants must provide a maintenance plan that identifies
and •rotects the desi•n, capacity and functionality of onsite and
offsite stormwater management facilities; specifies the methods,
schedule and responsible parties for maintenance; provides for the
maintenance in perpetuity of the facility; and contains a satisfactory
maintenance declaration.
Subd. 47. 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.
Section 2. This ordinance is effective in accordance with section 3.09 of
the Richfield City Charter.
.4111ri/
To Fitzhe ,`v ayor Pro Tempore
ATTEST:
' -i JUJLAG
Nancy Gi• • City Clerk
5
www.MinnLocal.com City of Richfield
le (Official Publication)
SUMMARY PUBLICATION
BILL NO.2012-9
AN ORDINANCE RELATING TO
STORMWATER MANAGEMENT
REGULATIONS;AMENDING
MEDIA
SUBSECTIONS R CH FIE D CITY CODE.THE
117►! f+* This summary of the ordinance is pub-
AFFIDAVIT OF PUBLICATION lished pursuant to Section 3.12 of the
Richfield City Charter.
STATE OF MINNESOTA ) The purpose of this ordinance is to
)SS. amend City Code to provide stormwater
COUNTY OF HENNEPIN management guidance related to land
disturbing activities consistent with the
Minnehaha Creek Watershed District
Richard Hendrickson, being duly sworn on rules. The code amendments support
an oath,states or affirms that he is the Chief water quality protection requirements re-
lated to land disturbing activities of at
Financial Officer of the newspaper(s)known least one acre in size within the Min-
as nehaha Creek Watershed District. The
Richfield Sun-Current amendment also includes a citywide sub-
division requiring financial assurance for
any project that requires a best manage-
ment practice to be completed.
and has full knowledge of the facts stated Copies ofpthe ordinance are available for
g public ins ection in the Public Works De-
below: partment during normal business hours
(A)The newspaper has complied with all of oatr 612 861 9795 by calling Kristin Asher
the requirements constituting qualifica- Adopted by the City Council of the City of
tion as a qualified newspaper as provid- Richfield,Minnesota this 24th day of July,
ed by Minn. Stat. §331A.02, §331A.07, 2012.
and other applicable laws as amended. r ancy Gibbs,City Clerk
(B)The printed public notice that is attached
was published in said newspaper(s) (Aug.2,2012)D2-Bill2012-9
once each week,for one successive
week(s);it was first published on Thurs-
day,the 2 day of August ,
2012, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _ day of
,2012;and printed
below is a copy of the lower case alpha-
bet 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:
-..- .hijklmnopgrstuvwxyz
BY. L_1 �i %/y/� ,. _
CFO
Subscribed and sworn to or affirmed
before me on this 2 day of
August ,2012.
Zczt.;,,_2 t7e47 at_a_ei,I
Notary Public
DIANE L. ELIASON
`t NOTARY PUBLIC-MINNESOTA
\ ' V My Comm.Exp.Jan.31,2015