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DRAFT 12/2/14 <br /> 157.16. Appropriations from Stormwater Ponds <br /> Appropriation of water from stormwater ponds for the purpose of private irrigation may be <br /> allowed based upon criteria established by the City. City approval must be granted before use <br /> begins. <br /> 157.17- Reserved <br /> 157.18. Rain Gardens. Rain Gardens in Road Right of Way <br /> (A) Rain gardens proposed for construction in the right of way must have plans <br /> approved by the City Public Works Department. These plans will include <br /> illustration of area draining to the rain garden; design details to prove proper <br /> sizing/capacity to handle the area of drainage; illustrate property boundaries, <br /> location of street features, driveway, house and other structures in relation to the <br /> rain garden; and include proof of infiltration potential and ability to drawdown <br /> with in a 48 hour period. <br /> (B) Rain gardens capturing street runoff would require a curb cut to direct flow into <br /> the rain garden. Curb cuts for rain gardens approved in the right of way will be <br /> constructed and paid for by the City. All other construction and maintenance <br /> associated with the rain garden is the sole responsibility of the homeowner except <br /> where constructed as a required BMP for a street reconstruction,in which case <br /> the construction costs may be paid for by the City. <br /> (C) City staff or designee has right of entry to all rain gardens in the right of way to <br /> ensure proper function of the feature. <br /> (D) Rain gardens in the right of way will be mapped as part of the City stormwater <br /> management system. These features will be counted toward meeting compliance <br /> of the City's MS4 permit with the State of Minnesota or other regulatory <br /> requirements imposed on the City through state, federal or other government <br /> agencies. <br /> (E) The City shall have no liability for a privately constructed rain garden or its <br /> associated features. <br /> 157.19-157.49 Reserved <br /> Note: Illicit Discharge Detection and Elimination (See Chapter 51) <br /> Section 2: Effective Date. This ordinance shall be effective immediately upon its passage and <br /> publication of the attached summary according to law. <br /> 34 <br />