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HomeMy WebLinkAboutOrd. 1134 Amend 155.350 Stormwater Mgmt. CITY OF APPLE VALLEY ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE" BY AMENDING SECTION 155.350 REGARDING STORMWATER MANAGEMENT. The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by revising Section 155.350 to read as follows: § 155.350 DRAINAGE REQUIREMENTS. (A) All land/property within the City shall be subject to the City's drainage and stormwater management regulations in accordance with the City's Stormwater Management Plan, Surface Water Management Plan or other operational plans adopted by the City and in accordance with those regulations set forth in Chapter 152 herein governing natural resources management regulations. (B) The maximum impervious surface area on a lot or parcel with a one-family detached dwelling (house) or lots with two-family attached dwellings (twinhome) shall not exceed the following coverage: Lot Size Maximum Impervious Coverage Allowed 10,000 sq. ft. or greater 35% 9,999 sq. ft. - 7,500 sq. ft. 40% 7,499 sq. ft. - 6,000 sq. ft. 45% Less than 6,000 sq. ft. 50% (1) Actual lot area shall be rounded up to the nearest whole number for determination of its lot size hereunder. (2) (a) Lots located within a "PD" (Planned Development) zoning district on which an one-family detached dwelling (house) or lots with two-family attached dwellings (twin home) is a permitted use shall comply with the requirements above, unless impervious surface coverage is specifically addressed in the ordinance establishing the PD zoning district. (b) Lots zoned for multi-family dwellings on which the dwelling units, attached or detached, comprises the lot of record and the open space or yard surrounding the unit is not exclusively owned by the dwelling unit owner and is instead owned as a CIC or other common property interests, are not subject to this clause. (C) The maximum impervious surface area allowed hereunder may be increased up to an additional 5% upon a showing of circumstances supporting good cause for additional impervious surface area in excess of the limitations herein and upon the installation of a city approved on-site stormwater management facility. An application for a request hereunder shall be filed with the City Clerk upon an application form furnished by the city. The application fee and a performance security escrow, which shall be in an amount established by City Council resolution, shall be paid and filed with the application. (D) Any lot or parcel that has impervious surface area in excess of the maximum area allowed herein as of April 30, 2018, shall be deemed as legal nonconforming. The impervious surface area existing on a lot as of April 30, 2018, may be maintained, repaired or replaced,but may not be expanded. If the lot or parcel is redeveloped in its entirety, the impervious surface area restrictions set forth herein shall apply. Section 5. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this 24th day of October, 2024. 00'_'k - A"�:) Clint Hooppaw, Mayor ATTEST: Christina M. Scipioni, Cit Jerk 2 CITY OF APPLE VALLEY ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,AMENDING TITLE XV OF THE CITY CODE ENTITLED"LAND USAGE"BY AMENDING SECTION 155.350 REGARDING STORMWATER MANAGEMENT. The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by revising Section 155.350 to read as follows: §155.350 DRAINAGE REQUIREMENTS. (A) All land/property within the City shall be subject to the City's drainage and stormwater management regulations in accordance with the City's Stormwater Management Plan, Surface Water Management Plan or other operational plans adopted by the City and in accordance with those regulations set forth in Chapter 152 herein governing natural resources management regulations. (B)The maximum impervious surface area on a lot or parcel with a one-family detached dwelling(house)or lots with two-family attached dwellings(twinhome)shall not exceed the following coverage: Lot Size 1 Maximum Impervious Coverage Allowed 10,000 sq.ft.or greater 35% 9,999 sq.ft.-7,500 sq.ft. 40% 7,499 sq.ft.-6,000 sq.ft. 45% Less than 6,000 sq.ft. 50% (1)Actual lot area shall be rounded up to the nearest whole number for determination of its lot size hereunder. (2) (a) Lots located within a "PD" (Planned Development) zoning district on which an one-family detached dwelling(house)or lots with two-family attached dwellings(twin home)is a permitted use shall com- ply with the requirements above,unless impervious surface coverage is specifically addressed in the ordinance establishing the PD zoning district. (b) Lots zoned for multi-family dwellings on which the dwelling units,attached or detached,comprises the lot of record and the open space or yard surrounding the unit is not exclusively owned by the dwelling unit owner and is instead owned as a CIC or other common property interests,are not subject to this clause. (C) The maximum impervious surface area allowed hereunder may be increased up to an additional 5% upon a showing of circum- stances supporting good cause for additional impervious surface area in excess of the limitations herein and upon the installation of a city approved on-site stormwater management facility.An application for a request hereunder shall be filed with the City Clerk upon an application form furnished by the city.The application fee and a performance se- curity escrow,which shall be in an amount established by City Council resolution,shall be paid and filed with the application. (D)Any lot or parcel that has impervious surface area in excess of the maximum area allowed herein as of April 30,2018,shall be deemed as legal nonconforming.The impervious surface area existing on a lot as of April 30,2018,may be maintained,repaired or replaced,but may not be expanded. If the lot or parcel is redeveloped in its entirety,the impervious surface area restrictions set forth herein shall apply. Section 5. Effective Date.This ordinance shall take effect upon its passage and publication. PASSED by the City Council this 24th day of October,2024. /s/Clint Hooppaw Clint Hooppaw,Mayor ATTEST: /s/Christina M.Scipioni Christina M.Scipioni,City Clerk Published in the Dakota County Tribune November 1,2024 1430425