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2010-18CITY OF RICHFIELD BILL NO.2010-18 AN ORDINANCE RELATING TO STORMWATER MANAGEMENT REGULATIONS; AMENDING THE RICHFIELD CITY CODE BY ADDING SUBSECTION 429.06 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by adding the following new subsection 429.06: 429.06. Buffers required; Special rule for Minnehaha Creek Watershed District. Subdivision 1. Within the jurisdiction of the Minnehaha Creek Watershed District, no activities requiring a permit under this subsection will be permitted without providing for a buffer of the following width adjacent to each wetland and public waters wetland: Size of Wetland Width of Buffer Zone 0 - 1 acre 16.5 feet 1 - 2.5 acres 20 feet 2.5 - 5 acres 25 feet Over 5 acres 35 feet Subd. 2. The buffer is required on that part of the wetland edge that is downgradient from the land disturbance and around each wetland that will be disturbed. Subd. 3. The buffer shall be documented by declaration or other recordable instrument approved by the City and recorded in the office of the county recorder or registrar before activity under the City permit commences. A buffer on public land or right-of-way may be documented in a written agreement executed with the Minnehaha Creek Watershed District in place of a recorded instrument. The agreement shall state that if the land containing the buffer is conveyed, the public body shall require the buyer to comply with this subsection. Subd. 4. Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by City staff or when implemented pursuant to a written agreement executed with the City. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. No new structure or hard surface shall be placed within a buffer. No fill, debris or other material shall be excavated from or placed within a buffer. 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 14t" day of September, 2010. _... Debbie Goettel, Mayor ATTEST: Nancy Gibbs ity Clerk