04-10-2023 Council Packet - Laserfiche WebLink

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PROGRAMMATIC MAINTENANCE AGREEMENT Stormwater Management Facilities,Waterbody Crossings& Structures and Wetland Buffers Between the Minnehaha Creek Watershed District and the City of Orono This programmatic maintenance agreement is made by and between the Minnehaha Creek Watershed District,a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D(MCWD),and the City of Orono,a Minnesota municipal corporation and political subdivision of the State of Minnesota(CITY). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345,the MCWD has adopted and implements the Stormwater Management Rule,Wetland Protection Rule and the Waterbody Crossings& Structures Rule; WHEREAS under the Stormwater Management Rule,certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to inspect and maintain stormwater-management facilities; WHEREAS,under the Waterbody Crossings& Structures Rule,certain land development activity requires the landowner to record a declaration establishing the landowner's perpetual obligation to inspect and maintain waterbody crossings and structures to ensure that the hydraulic and navigational capacity of the associated waterbody are maintained in accordance with approved plans; WHEREAS under the Wetland Protection Rule,certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to wetland; WHEREAS in each case,a public landowner,as an alternative to a recorded instrument,may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the MCWD; WHEREAS CITY from time to time is subject to stormwater management,wetland buffer and waterbody crossings and structures maintenance requirements pursuant to the terms of an MCWD permit; and WHEREAS the parties concur that it is clearer and procedurally more efficient for the MCWD and CITY to agree at this time on standard requirements for stormwater management,wetland buffer protection,and waterbody crossings and structures maintenance,so that this agreement may be incorporated into future permits as applicable. THEREFORE MCWD and CITY agree as follows: 1. WETLAND BUFFER AREAS. CITY,at its cost,will maintain buffer areas in accordance with the following: a. Buffer vegetation will 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