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<br />(G) Cattails growing in and around stormwater ponds may be cut with the permission and direction of the <br />City. <br /> <br />157.16.157.33. Appropriations from stormwater ponds <br />Appropriation of water from stormwater ponds for the purpose of private irrigation may be allowed based upon <br />criteria established by the City. City approval must be granted before use begins. <br /> <br />157.17157.34 - Reserved <br />157.18.157.35 Rain Gardens. Rain Gardens in Road Right of Way <br />(A) Rain gardens proposed for construction in the right of way must have plans approved by the City <br />Public Works Department. These plans will include illustration of area draining to the rain garden; design <br />details to prove proper sizing/capacity to handle the area of drainage; illustrate property boundaries, location of <br />street features, driveway, house and other structures in relation to the rain garden; and include proof of <br />infiltration potential and ability to drawdown <br />within a 48 hour period. <br />(B) Rain gardens capturing street runoff would require a curb cut to direct flow into the rain garden. Curb <br />cuts for rain gardens approved in the right of way will be constructed and paid for by the City. All other <br />construction and maintenance 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 the construction costs may be <br />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 management system. <br />These features will be counted toward meeting compliance of the CityÓs MS4 permit with the State of <br />Minnesota or other regulatory 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 associated features. <br /> <br />157.19-157.49157.36-157.98 Reserved <br /> <br />§ 157.99 PENALTY. <br /> <br />Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor <br />and a separate offense shall be deemed committed on each day during or on which a violation occurs or <br />continues. <br /> <br />Ord. #79, adopted 03/09/2005 <br /> <br /> <br />Note: Illicit Discharge Detection and Elimination (See Chapter 51) <br />423 |Page <br /> <br /> <br />