5H, Resolution 2012-028 - Adopting the Loc

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RESOLUTION 2012-25 RICE CREEK WATERSHED DISTRICT BOARD OF MANAGERS RESOLUTION TO APPROVE ARDEN HILLS y� LOCAL SURFACE WATER MANAGEMENT PLAN Manager U offered the following Resolution and moved its adoption, seconded by Ma nager WHEREAS on June 9, 2010, the RCWD adopted a new Watershed Management Plan (WMP) under Minnesota Statutes 103B.231, which details the existing physical environment, land use and development in the watershed and establishes a plan to manage water resources and regulate water resource use to improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; WHEREAS the WMP incorporates the Rules adopted by the RCWD to improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 1038 and 1031); WHEREAS after submission of an initial draft and a process of RCWD review and comment, on July 16, 2012 the City of Arden Hills (City) submitted its local surface water management plan under Minnesota Statutes 1036.235 for formal RCWD review and approval; WHEREAS the Metropolitan Council received a copy of the local plan and provided comments on that plan to the RCWD in accordance with Minnesota Statutes 103B.235, and the RCWD finds that the City has adequately addressed those comments; WHEREAS the RCWD has determined that the local plan, as revised, meets the requirements for approval set forth in the WMP, except that the local plan does not provide for the adoption of official controls or implementation of inspection and administrative procedures necessary to insure that the full regulatory standards of the RCWD are met, as required by the WMP in order for the City to assume sole regulatory authority; WHEREAS the City does not wish to assume sole regulatory authority but, instead, wishes to authorize the RCWD to continue to require permits for the use and development of land, and otherwise exercise its regulatory authority within the City, within the meaning of Minnesota Statutes 10313.211, subd. 1(a)(3); and WHEREAS the RCWD's approval of the local plan rests on the City's agreement that the RCWD will continue to exercise its present regulatory authority; and WHEREAS the RCWD and the City understand that the RCWD would deem a future withdrawal of the City's authorization without an RCWD determination that the City's official Controls meet WMP standards to constitute a failure to adopt the implementation program of the local plan as specified in Minnesota Statutes 1036.211, subdivision 1(a)(3)(i);and WHEREAS the RCWD and the City recognize and agree that the City at a later time may amend its plan in order to assume sole regulatory authority,subject to RCWD approval;