The URL can be used to link to this page

2001-07-23 EC Agenda PktAGENDA GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Conference Room Monday, July 23, 2001 7:00 P.M. Call to Order II. Approval of Minutes — June 25, 2001 III. Meeting Day — Discussion of Potential Schedule Change IV. Wetland Conservation Act Presentation — Mark Jacobs,OBarr Engineering V. Draft Wetland Ordinance — Staff Information VI. Viewing of Hidden Lakes Video VII. Projects for the Future VIII. Other Business IX. Adjourn GAEnvironmental Comm ission\Agendas\072301.doc GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes June 25, 2001 Present: Alicia Brown, David Fellman, Sue Hess, Dawn Hill, Alan Kuentz City Staff: Al Lundstrom, Environmental Coordinator; Jeff Oliver, City Engineer; Tracy Pharr, Administrative Secretary Absent: Richard Baker I. Call to Order Meeting called to order at 7:00 p.m. II. Approval of Minutes — April 23, 2001 No changes. MOTION: Moved by Hess, seconded by Brown, approve the minutes of the April 23, 2001 meeting as submitted. Hill had several handouts for Commission Members; the Commission's comments to Jeannine Clancy on the General Mills EAW, response and copy of all other General Mills EAW comments from Jeannine Clancy and a letter from Lindquist & Vennum of City Council's decision to not seek an Environmental Impact Statement on same. III. Resignation of Nancy Burke: Oliver referred to the attached copy of Nancy Burke's resignation from the Environmental Commission. Oliver indicated that Mayor Anderson's acceptance of said resignation was also attached. City Council is in the process of reviewing applications previously received when Commission was established. IV. Phosphorus Video Success: Lundstrom stated that this item was placed on the agenda because the issue had a wide audience of professionals across the state. He continued that water resource education is a key component of the Public Works program. Jack Frost, Metropolitan Council, sent an e-mail to a large list of individuals with high praise for the video. Subsequently, Lundstrom has received an explosion of positive comments from the Pollution Control Agency, Department of Natural Resources, Minnehaha Creek Watershed and a host of other environmental agencies and educators. Lundstrom shared the comments for all to review. The video can be viewed on the City's website. Oliver stated that the City is considering similar videos for other topics. V. City Open House — June 27 2001: Oliver discussed the upcoming City Open House on June 27, 2001. There is a desire to have all the Advisory Committees represented at the Open House. Public Works and Engineering are preparing a board for the Commission with its' mission statement. Oliver asked for any suggestions and ideas. Several ideas were submitted. Lundstrom stated that the primary interest was to have members present to answer questions about what the Commission does. Hill and Fellman agreed to cover the Open House. VI. Storm Drain Stenciling Projects Lundstrom referred to enclosed packet for the Storm Drain Stenciling Project. The packet went out to all residents in the effected neighborhoods. Each of the two Cub Scout group's participating received a package, referred to as "Education in a Box," that included door flyers for all residents, stencils, maps, spray paint, safety vests, garbage bags and clean up rags. The response was very positive. An exhibit with a sign-up sheet to stencil additional neighborhoods will be displayed at the City Open House. Several commented this was a great project. Fellman asked about press for this project. Lundstrom stated this had been done. VII. Shoreland Ordinance Oliver stated that the City of Golden Valley currently has a Shoreland Management Ordinance. The ordinance was based upon the Department of Natural Resources model ordinance at the time it was adopted. Since then, the model has been greatly modified. The City Council has identified and forwarded the review of the current ordinance, along with the modified model, as an issue for the Environmental Commission to consider. Oliver stated the biggest impact this ordinance will have would be on redevelopment, additions, etc. Fellman indicated that the existing Shoreland Ordinance covered this issue very well. He felt the biggest change between the existing ordinance and the new model was that the model had become much more specific in definitions and explanations. He further commented that the amount of land in Golden Valley affected by the Shoreland Ordinance was minimal. Of this land, the bulk is privately held. Fellman suggested adopting a model Wetland Ordinance might be a more effective use of time. He felt a Wetland Ordinance would impact more land in Golden Valley than a Shoreland Ordinance. Hill asked Oliver of the timing of this issue. Oliver stated that there is no timeline whatsoever; the DNR will not be looking for a revised ordinance within the next five years. Fellman commented the Commission should consider a wetland ordinance. Hill asked if Fellman wished to make a motion. Oliver stated that the City has adopted the Wetland Conservation Act, but another ordinance regarding wetlands could also be considered. Fellman continued the Commission had prioritized a Wetland Ordinance over a Shoreland Ordinance. Hill concurred. Oliver answered no. Further discussion on the best course of action ensued. MOVED by Fellman, seconded by Kuentz, with motion to table the Shoreland Ordinance and move ahead on a Wetland Ordinance. The motion carried unanimously. Brown asked how the Commission would approach the process. Hill asked if there was a model ordinance the Commission could review. Oliver replied that several are available that we could get from other communities as examples. He also stated that staff would provide a copy of the Wetland Conservation Act. Oliver continued that for the July meeting, the Commission should have understanding of how the Wetland Conservation Act works before planning an approach to another ordinance. The next step would then be to look at examples from other communities. It was also suggested to potentially get a speaker to address the Commission. VIII. Other Business Items of Other Business: • Kuentz commented that he would like the Commission to have a discussion about what topics the Commission would like to be involved with in the future. • Kuentz also asked about the status of a joint meeting with Park, Recreation and Open Space. Oliver stated that this had been addressed. A date will be chosen in the future. • Lundstrom asked for items for next month's agenda. Hill answered the Hidden Lakes video, receipt of information for the Wetland Ordinance and potential involvements in the future for the Commission. • Fellman inquired about sump discharge into street. Oliver stated City's ordinance for this issue. • Fellman also commented that Sweeney Lake is still in a state of crisis. Hill asked what he felt the Commission should do. Fellman commented he would like the Commission to work on a policy for severe pollution situations. Oliver stated he would contact the Watershed and ask them to contact Fellman. No additional business was addressed. IX. Adjourn The next scheduled meeting will be on July 23, 2001 at 7:00 p.m. The meeting was adjourned at 8:15 p.m. Respectfully submitted, I � R�A racy Pharr Administrative Secretary Department of Public Works U O 10 m E E 0 U 0 co 0 m 0 L) U N O E 0 U co w E a LU z� ca .` LL U O 2 Q �U U > L cU coo ai oo cU X30 Eo —Lo o0 2 E ~ ~ Y a ~ LL O cB cn N c ca 0) L) C) �V U cU �U c o o V � U Q U o V N V U U 6 ti U( ti 0 m U '; E N �_// (n O _/ C ^ .V Of '; MEETING TIME LOCATION 1. CCSM CC Staff 8:30 am MCR Manager's Conference Room M/CO Wednesday before CC meeting PS Public Safety 2 HRASM HRA Staff 9:00 am - MCR 1 st and 3rd Tuesday 11:30 am 3. M/DH Manager/Department Head Noon MCR 1 st and 3rd Wednesday or after CC meeting 4. BCWMC Bassett Creek Water Management Commission Noon CCR 3rd Thursday 5. PWS Public Works Supervisors 1:00 pm CCR Every Tuesday 6. PSM Planning Staff Meeting 3:00 pm CCR Every Thursday 7. BCS Engineering Staff - Bassett Creek Meeting 4:00 pm CCR 2nd or 3rd Tuesday depending on BCWMC mtg date 8. C/M Council/Manager 5:30 pm CCR 2nd Tuesday 9. CC City Council 6:30 pm CC 1st and 3rd Tuesday 10. HRA Housing & Redevelopment Authority 7:00 pm CC 2nd Tuesday 11. PC Planning Commission 7:00 pm CC 2nd and 4th Monday 12. BZA Board of Zoning Appeals 7:00 pm CC 4th Tuesday 1 OS&RC Open Space & Recreation Commission 7:00 pm BV 4th Monday 14. HSF Human Services Foundation 7:00 pm CCR 2nd Monday 15. HRC Human Rights Commission 7:00 pm CCR 2nd Thursday 16. KV King's Valley Homeowners Association 7:00 pm CCR 4th Thursday 17. FSD Families Sharing the Dream 7:00 p.m. CCR 3rd Thursday 18. BBR Building Board of Review 8:00 pm CCR 1 stand 3rd Monday 19. EC Environmental Commission 7:00 pm CCR 4th Monday LOCATION KEY CC Council Chambers CCR Council Conference Room MCR Manager's Conference Room M/CO Mayor/Council Office PCR Planning Conference Room FCR Finance Conference Room EL Employee Lunchroom BV Brookview Community Center PS Public Safety FORM31 Tracy Pharr - Environmental Commission - Future Projects Page 1 From: <APKuentz@aol.com> To: <tpharr@ci.golden-valley.mn.us> Date: 8/20/01 9:14PM Subject: Environmental Commission - Future Projects Tracy: At the last Environmental Commission meeting, we talked about sending you suggested topics for future projects. My suggestion about a management plan for our nature centers is attached. Alan Golden Valley Nature Center Management Plan One of the duties and responsibilities for the Environmental Commission is: "Develop and make recommendations on management practices for the city's nature areas, public and private ponding areas, and other such city -owned properties as directed by the City Council." I propose that the Environmental Commission coordinate the preparation of a management plan for the city's nine nature areas. Such an undertaking would involve a number of steps. Some possible steps are listed below. • Quantify reasons for having nature centers. • Review current practices. • In conjunction with other entities, define roles in the management of the nature centers for different entities including the Environmental Commission, Open Space and Recreation Commission, City Staff, General Mills, and others. • Recommend management practices that enhance the reasons identified for having nature centers. • Recommend monitoring procedures for the nature areas. July 18, 2001 Ms. Jessica Roe city Hall 5745 Loring Lane 7800 Golden Valley Read Golden Valley, Minnesota 55422 Golden Valley, MN 55427-4588 763-593-8000 763-593-8109 (fax) Dear Jessica: 763-593-3968 (TDD) Mayor and Council At its July 17, 2001 meeting, the Golden Valley City Council appointed 763-593-8006 you to three year term on the Environmental Commission. Your term begins immediately and expires on March 1, 2004. City Manager 763-593-8002 Your willingness to serve is appreciated, and you are invited to come to Public safety our City Council Meeting on Monday, August 6, 2001 at 6:30 p.m. to Police: 763-593-8079 receive a certificate of appointment and to meet the Council Members. Fire: 763-593-8055 763-593-8098 (fax) Please let Jud Nall know if o Y Y you will be able to come. Her number is 763-593-3991. Your certificate will be mailed if you are unable to I Works attend. 76o -,A3-8030 763-593-3988 (fax) The Environmental Commission usually meets on the fourth Monday of Inspections the month in City Hall at 7:00 p.m. Dawn Hill, Chair, of the Commission 763-593-8090 and/or Jeff Oliver, City Engineer; and Al Lundstrom, Environmental 763-593-3997 (fax) Coordinator; are the Commission Liaisons, and will be contacting you Motor Vehicle Licensing with information about the position, its responsibilities and upcoming 763-593-8101 meeting dates. Planning and zoning 763-513-8095 Ifou have an Y Y questions, or suggestions please feel free to contact me. My home phone is 763-588-8578 and my city office phone is 763 - Finance 593-3990. 763-593-8013 Assessing Sincerely, 763-593-8020 Park and Recreation 200 Brookview Parkwa ' Mary E. ?Anderson Golden Valley, MN 5 5426-1 364 763-512-2345 Mayor 763-512-2344 (fax) 763-593-3968 CMD) cc: Dawn Hill Jeff Oliver Al Lundstrom p7800 Golden Valley Road IP17Golden Valley, MN 55427 _ 763-593-3991 763-593-8109 (fax) www.ci.golden-valley.mn.us City Council Advisory Boards and Commissions Name Jessica L. Roe Address 5745 Loring Lane Home Phone (612) 546-7167 Application RECD MAR 312000 Zip 55422 Number of years (months) resident of Golden Valley (12 ) If you are appointed, your work phone and address for the purpose of this appointment will be at City Hall. If you have other work, please complete the following: Employer Address Aafedt, Forde, Gray & Monson, P.A. 150 South Fifth St. /SteCit3100 Work Phone (612) 339-8965 Does your work require you to travel? (check one) a great deal periodically Minneapolis Zip 55402 very little X not at all Please list any special interests or training you have that could benefit a particular Board or Commission (attach a separate sheet if necessary). See attached The information provided by you on this application will be used to determine your suitability for appointment to a City of Golden Valley board or commission. Participation as a board/commission member is strictly voluntary, and you are not required by law to furnish any information requested on this application. However, if you do not furnish this information, we may have trouble determining your suitability for appointment, contacting you with information regarding your application and, if selected, with your duties on the board or commission. Information on this form will be shared with the City Council and appropriate City staff. If you are appointed, your name, home address, and phone contact number will be made avail- able to the public. Your job history, education and training, and work availability are public data and will be released to the public on request. You will be asked to update this information annually. Phone contact number to release to the public: (L4-Zl'5 4 6 — 4 0 8 0 Please number your choices according to preference: 11143 Board of Zoning Appeals Human Services Foundation Building Board of Review 2 NW Hennepin Human Services Council Advisory Commission Civil Service Commission _ Open Space & Recreation Commission Environmental Commission Planning Commission q Human Rights Commission West Suburban Mediation Center Board of Directors r�d I have been involved with environmental issues for the last 20 years. I am the daughter of the late Senator Janet Johnson. I spent many years working with her on all issues regarding the environment of the state as well as her district. I also have worked for a number of years on the local level with churches and schools on issues relating to and affecting their particular environment. I have been a lawyer in private practice for the last six years. As such, I am used to dealing with issues with legal as well as social ramifications. I am also a former teacher so I have the skills necessary to help educate people on many types of issues. I am the mother of three young children. We moved to Golden Valley for its unique opportunity to be a first ring suburb with many outer ring qualities such as a great school system, parks, and recreational activities. I am interested in working on all matters that might affect our community and its environment. El Minnesota Board of Water and Soil Resources / Wetland Conservation Act Fact Sheet Wetland Conservation Act "S44 I of 2 http://www.bwsr. state.rnn.us/test3/wetlands/wcafWCAfactsheet l .html Fact Sheet Purpose: To maintain and protect Minnesota's wetlands and the benefits they provide. History: In 1991, reacting to public concern about Minnesota's disappearing wetlands, the Minnesota Legislature approved and Governor Arne Carlson later signed the Wetland Conservation Act, one of the most sweeping wetlands protection laws in the country. An interim program became effective January 1, 1992. On January 1, 1994, the full program began. Since then, almost 500 local units of government have agreed to administered the law locally, resulting in the protection or creation of approximately 4,000-5,000 acres of wetland annually. The Legislature has amended the WCA significantly three times, mostly to accommodate the varying needs of the different geographic areas of Minnesota. Administration: Local government units—cities, counties, watershed management organizations, soil and water conservation districts, and townships—implement the act locally. The Minnesota Board of Water and Soil Resources administers the act statewide, and the Department of Natural Resources enforces it. Benefits: The Wetland Conservation Act recognizes a number of wetland benefits deemed important, including: ■ Water quality, including filtering pollutants out of surface water and groundwater, using nutrients that would otherwise pollute public waters, trapping sediments, protecting shoreline, and recharging groundwater supplies; ■ Floodwater and storm water retention, including reducing the potential for flooding in the watershed; ■ Public recreation and education, including hunting and fishing areas, wildlife viewing areas, and nature areas; ■ Commercial benefits, including wild rice and cranberry growing areas and aquaculture areas; ■ Fish and wildlife benefits; and ■ Low -flow augmentation during times of drought. How it works: To retain the benefits of wetlands and reach the legislation's goal of no -net -loss of wetlands, the Wetland Conservation Act (WCA) requires anyone proposing to drain or fill a wetland first to try to avoid disturbing the wetland; second, to try to minimize any impact on the wetland; and, finally, to replace any lost wetland acres, functions, and values. Certain wetland activities are exempt from the act, allowing projects with minimal impact or projects located on land where certain pre -established land uses are present to proceed without regulation. State funding for fiscal years 2000-01: $3.6 million for the biennium, distributed to counties based on workload estimates, as part of the Natural Resources Block Grant. About the Board of Water and Soil Resources I News /What's Hot? I Related Links Site Index I Search This Web Site I North Star Minnesota Board of Water and Soil Resources One West Water Street, Suite 200 Saint Paul, MN 55107 (651) 297-3767; Fax (651) 297-5615; TTY (800) 627-3529 An Equal Opportunity Employer infoabwsr.state. mn.us 7/23/2001 11:25 AM VSR: News: (News Releases, Brochures and Reports) http://www.bwsr.state.rym.us/wetland_regulation/wetreg.hbTd Minnesota Board of Water & Soil Resources !.,ater& ��Wetland Regulation in Minnesota What is a wetland? Search When most people think of wetlands, they think of swampy, marshy areas complete with ducks cattails. While those areas are indeed wetlands, many other wetlands look quite different and in, have no surface water for all or part of the year. Some wetlands support trees and shrubs; some farmed. Technically, a wetland must meet three criteria: 1. It must have mostly hydric soils; 2. It must have standing water or saturated soil for at least part of the growing season; and 3. It must support mostly vegetation adapted to wet soil conditions Why are wetlands important? Wetlands were once considered wasted space, a hindrance to ur development and crop production. In Minnesota, an estimated acres of wetlands have been drained or filled over the last hundi leaving about 10 million acres. While this represents a 50 percf statewide, some areas of Minnesota have lost more than 90 perc their original wetlands. • Wetlands reduce flooding by slowing excess water runoff times of heavy rainfall • Wetlands improve water quality by filtering sediments, n1 and toxic substances out of water before it washes into rii lakes. • Wetlands provide habitat for many fish, wildlife and plan of which can only survive in wetlands. • Wetlands provide opportunities for recreation such as can hunting, hiking, fishing, and birding. • Wetlands offer commercial uses like growing wild rice of cranberries and trapping animals. • Wetlands are important outdoor science and art classroon laboratories. A growing awareness of these benefits has led to many laws regulating wetland draining and filli well as the discharge of pollutants into wetlands. Wetland regulation In most cases, draining or filling a wetland will require a permit or some other authorization in N applicants will often need to show efforts to avoid wetlands and may be required to replace drain of 4 7/23/20019:57 AM INSR: News: (News Releases, Brochures and Reports) http://ww w.bwsr.state.mn.us/wetland regulation/wetreg.htn� filled wetland area. The following agencies will typically be involved: The U.S. Army Corps of Engineers (ALOE): Work in any wetland or water area generally requires a permit from the ACOE regardless of whether other state, local, or U.S. Department of Agriculture Natural Resources Conservation Service (USDA NRCS) permits are required. You may contact the ACOE St. Paul office at 651/290-5375; TTY 800/290-5858; or consult its web site at http://www.mvp.usace.anny.mil. (Click on the Corps Permits button). The U.S. Fish and Wildlife Service (USFWS) and the State Historic Preservation Officer (SHPO) review ACOE permit applications for their impact on cultural resources and federal endangered species. Applicants are encouraged to contact the USFWS and the SHPO early in project planning to avoid later permit delays. The USFWS can be reached at 612/725-3548, or check its website at httl)://www.fws.gov/r3pao/eco serv/endan grd/li sts/m inn esot.html. The SHPO can be reached at 651/296-5434. The Minnesota Department of Natural Resources (DNR): The DNR administers the Public Waters Work Permit Program on certain lakes, watercourses and wetlands in Minnesota. To determine whether a particular wetland is regulated by the DNR, contact the DNR hydrologist in the DNR regional office closest to the wetland area (this number is listed in the government section of the phone book). If you cannot find the number, you may cal DNR office at 651/296-6157 in the Twin Cities; toll-free at 888/646/6367 (888/MWNDNR); TT 651/296-5484 in the Twin Cities; toll-free TTY 800/657-3929. This information is also availabl web site address http://www.dnr.state.inn.us/waters/resources/index.html. Local governments: Minnesota's Wetland Conservation Act (WCA) regulates wetland draini filling activities on all wetlands not covered by the DNR's Public Waters Work Permit Program. Although the Minnesota Board of Water and Soil Resources (BWSR) administers the WCA on statewide basis, local governments --including cities, counties, townships, soil and water consery districts, and watershed management organizations --implement the WCA locally. Local goverm may also have their own wetland ordinances. To find out who carries out the WCA in your area, your county soil and water conservation district (SWCD)--listed in the government section of the book-- or the main office of the BWSR (651/296-3767; TTY users can call 800/627-3529). Agencies that have some jurisdiction over wetlands but generally need not be contacted directly landowners include: The U.S. Department of Agriculture (USDA) Natural Resources Conservation Service: Under stipulations contained in the Federal Agricultural Improvement and Reform Act, a landuser who alters a wetland for agricultural purposes loses eligibility for many usda benefits including the Conservation Reserve Program, federal farm loans, price support programs, etc. Farmers should contact the USDA Natural Resources Conservation Service (MRCS) prior to any drainage activity. Potential agricultural land buyers should also A4 7/23/20019:57 AM WSR: News: (News Releases, Brochures and Re l orfs) http://www.bwsr.state.rim.us/wetland regulation/wetreg.htn contact NR S to check for the presence of wetlands. Please contact your local NRCS office, list the United States government in the telephone directory; or the NRCS state office at 651/602-79, 651/602-7859. The Minnesota Pollution Control Agency (MPCA): ACOE permits are not valid unless the has certified that the project will comply with state water quality standards. This certification is by the two agencies as part of the ACOE permit review process; applicants generally do not neec contact the MPCA directly. The MPCA also regulates the discharge of pollutants, including stoi into wetlands. Wetland Violations The Enforcement Division of the DNR enforces most of Minnesota's wetland regulations. peopl concerns that specific wetland draining or filling activities occurring in their area may be unautho should contact their local DNR conservation officer and the ACOE. Phone numbers for consery officers are available by calling 651/296-6157 in the Twin Cities; or toll-free at 888/646-6367. ACOE number is 651/290-5375. Advice for project applicants If you have a project that migh affect a wetland... 1. Early in the process, contact your count water conservation district, listed in the government section of the phone book. SWCD should be able to give you apprc guidance. 2. Find out if the land you want to alter is wetland. Remember, an area can be a w even if it does not appear wet on the sur Your SWCD will either help you make i determination or direct you appropriatel 3. Fill out a Combined Project Application You will need to mail copies of this fon agencies listed on the form. This form i available from your SWCD, on the inter ht!p://www.bwsr.state.mn.us/programs or by calling the Minnesota Board of W. Soil Resources at 651/296/3767. 4. You should hear back from the agencies 45 days of mailing the Combined Projec Application form. If you do not, contac, before beginning work. • Begin early! Visit your SWCD and fill out the Combined Project Application form as soo possible. • BEFORE you purchase property for development, consider the existence of any wetlands the environmental impact and financial cost of disturbing those areas against the project's 1 of 4 7/23/20019:57 AM 6WSR: News: (News Releases, Brochures and Reports) http://www.bwsr.state.mn.us/wetland_regulation/wetreg.hm-1 Be aware of state, federal and local regulations. • If you proceed with a project, determine where the wetlands are and design your project accordingly. • Thoroughly consider and document the alternatives you have considered to avoid wetland • Consider the possible concerns of the community and the project's neighbors and involve t in the process. • Provide truthful and complete descriptions of all relevant project components. About BWSR I BWSR Programs I BWSR Services I Local GoVts News Releases I Other Agencies I Search © 2000 Minnesota Board of Water and Soil Resources http://www.bwsr.state.mn.us info(a)bwsr. state.mn.us Return to North Star of 4 7/23/20019:57 AM SECTION SECTION 1.0 SECTION 2.0 SECTION 3.0 SECTION 4.0 SECTION 5.0 SWO-159.001 SAMPLE WETLAND ORDINANCE TABLE OF CONTENTS DRAFT Revised March 13, 1997 PAGE COUNCIL FINDINGS, PURPOSE, AND MEANS ............. 1 1.1 Findings ........................................ 1 1.2 Purpose ......................................... 1 1.3 Means .......................................... 1 GENERAL PROVISIONS AND DEFINITIONS ................ 2 2.1 Statutory Authorization ............................. 2 2.2 Scope .......................................... 2 2.3 Responsibility .................................... 2 2.4 Severability ...................................... 2 2.5 Enforcement ..................................... 2 2.6 Greater Restrictions ............................... 3 2.7 Non -conforming Structures and/or Parcels .............. 3 2.8 Definitions ....................................... 3 WETLAND ZONES ..................................... 4 3.1 Wetlands Map .................................... 4 3.2 Regulations ...................................... 4 3.3 Modification/Elimination ............................ 4 3.4 Density and Setback Standards ...................... 5 WETLAND ALTERATION PERMITS ....................... 5 4.1 General ......................................... 5 4.2 Performance Standards ............................ 5 4.3 Activities Requiring a Permit ......................... 6 4.4 Activities/Exceptions Not Requiring a Permit ............ 7 4.5 Application/Issuance of Permit ....................... 7 4.6 Time of Permit .................................... 8 VARIANCES AND APPEALS ............................. 9 5.1 General ......................................... 9 5.2 Replacement Criteria .............................. 9 DRAFT Revised March 13, 1997 SAMPLE WETLAND ORDINANCE SECTION 1.0 - COUNCIL FINDINGS, PURPOSE, AND MEANS 1.1 Findings The City Council finds that wetlands within the City, as part of the natural ecosystem, are critical to the present and future health, safety and general welfare of the land, wildlife and people within the City; that these wetlands conserve surface waters, provide floodwater retention and improve water quality for our lakes and streams. Further, these wetlands improve subsoil moisture and serve to recharge the large aquifers critical to the community. The Council recognizes that wetlands and their natural functions, if properly maintained, provide important ecological, educational and recreational assets as well as enhancing property values and conserving the natural beauty of the landscape. 1.2 Purpose The purpose of this ordinance is to preserve wetlands in a natural state, provide retention and sedimentation control areas for surface waters; to regulate the use of adjacent areas to protect their natural function; to prevent or minimize soil erosion, sedimentation or eutrophication; to prevent loss of aquatic organisms, wildlife and vegetation; to protect surface and ground water supplies from the danger of drought, pollution or mismanagement; to secure safety from local flooding; to reduce the financial burdens associated with occupancy or use of areas subject to periodic flooding; to enhance and preserve water quality and natural drainways as opposed to underground conveyance systems. 1.3 Means The City intends to implement this ordinance through the following means: A. Adopt a map designating the wetland protected by this ordinance. B. Specify and enforce development regulations that will ensure protection of designated wetland zones and their functions. C. Establish a permit system to provide means for reasonable use of land while maintaining basic functions and conservation of the wetland zones. D. Require design and construction of on-site storm water retention and sedimentation basins with flow control devices and erosion control techniques during development activity. swo-159.001 -1- DRAFT Revised March 13, 1997 SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS 2.1 Statutory Authorization The City of Golden Valley has authority under Minnesota Statutes Chapter 462 to regulate development of wetlands. This ordinance as well as Chapter 103 of Minnesota Statutes and Section 404 of the Federal Clean Water Act also regulate development of wetlands. 2.2 Scope The wetland zone shall overlay the established zoning district so that any parcel of land lying in a wetland zone shall also lie in one or more of the established zoning districts. Lands lying within a wetland zone shall be subject to the requirements established by other applicable ordinances and regulations of the City. Within each wetland zone, all uses shall be permitted in accordance with the regulations for the underlying zoning district, provided that such uses must also satisfy the additional requirements of this ordinance. Wetland zones established in this ordinance apply to all wetlands shown on the current City of Golden Valley Wetland Inventory Map. 2.3 Responsibility Neither the issuance of the wetlands alteration permit nor compliance with its conditions or the provisions of this ordinance, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or party, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinances. 2.4 Severability If any part of this ordinance is held to be unconstitutional or invalid by a court of jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.5 Enforcement Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions established in connection with grants of variances) shall constitute a misdemeanor and shall be punishable by law. Any person who in violation of this ordinance alters, changes or modifies any wetlands shall restore them to the original condition or reimburse the City for the costs of restoration. 2.6 Greater Restrictions SWO-159.001 -1- DRAFT Revised March 13, 1997 It is not the intention of this ordinance to repeal or abrogate any existing easements, covenants or deed restrictions; however, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. 2.7 Non -conforming Structures and/or Parcels Any structure situated on an existing parcel of record, as of the date of enactment of this ordinance, that does not meet the requirements of this ordinance shall be considered a legal non -conforming use. The non -conforming use may not be expanded or rebuilt without following the provisions of this ordinance. Any existing parcel which contains a wetland zone or where 20% (or at least 2,000 square feet) of the parcel is contained within a wetland that does not meet the requirements of this chapter, shall be considered non -conforming and shall be subject to the same requirement, as stated above. Any non -conforming principal building damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if it is reconstructed within 12 months of such event. 2.8 Definitions (Terms not defined in this ordinance shall have the meaning customarily assigned to them as a matter of general usage.) A. Alteration. Any change or modification of land, water, vegetation or existing structure in a wetland or wetland impact area. B. Development. The construction, installation or alteration of any structure; the extraction, filling clearing or other alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land per the Municipal Code. C. Eutrophication. A condition resulting in a deficiency of oxygen. D. Lot Area. The total horizontal area within the lot lines of the lot less that area of the lot which is below the ordinary high water level of an adjacent lake or the total horizontal area within the lot lines of the lot less that area of the lot within wetlands and storm water retention ponds, as determined by the City Engineer. E. Permit. An official document or certificate issued by the City authorizing performance of a specified activity. F. Variance. A procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the regulations. SWO-159.001 _J- DRAFT Revised March 13, 1997 G. Wetland. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. H. Wetland Drainage Area. That area tributary to the Wetland Zone. Wetland Edge. The location at which hydrophytic vegetation and hydric soil characteristics have changed to upland vegetation and soil characteristics. J. Wetland Impact Area. 50% of the required or actual principal building setback, whichever is less, as measured from the wetland edge. K. Wetland Zone. The area which includes the wetland and the wetland impact areas. SECTION 3.0 - WETLAND ZONES 3.1 Wetland Map This Ordinance shall apply to all wetlands which are identified on the map entitled City of Golden Valley Wetland Inventory Map -- an official copy of which shall be on file in the office of the Zoning Administrator. 3.2 Regulations Except as provided in subsection 4.4, no alterations or development of any kind shall be allowed within a wetland zone without first having applied for and been granted a Wetland alteration Permit from the City. 3.3 Modification/Elimination A wetland zone may be modified or eliminated by a four-fifths vote of the City Council after a Public Hearing and notice is set forth in re -zoning procedures set forth in the City Code. Wetland zones may not be eliminated unless it can be shown that the original designation is in error or the conditions have changed. When originating, modifying or removing a wetland zone, the Council shall use the criteria and methods established in the 1987 Corps of Engineers Field Guide for Wetland Delineation. swo-159.001 -4- DRAFT Revised March 13, 1997 3.4 Density and Setback Standards Notwithstanding, the provisions of the density tables of the City Zoning Code, all lots with Wetland Zones must conform to the following requirements: A. Sewered Land: Zoning District lot area and lot dimensions. B. Non-Sewered Land: City Zoning District requirements for lots with on-site septic and soil absorption systems -- C. Minimum building setback -- 75 feet for the principal structure. Accessory structures shall conform to City Code, but no structure shall be allowed within the Impact Area. D. Minimum septic and soil absorption systems setback -- 100 feet from the wetland edge. E. Lowest floor elevation -- three (3) feet above the wetland edge and two (2) feet above the elevation of the critical 100 year frequency 24-hour duration flood level event. SECTION 4.0 - WETLAND ALTERATION PERMITS 4.1 General A. Except as provided in subsection 4.4, no alterations or development of any kind shall be allowed within a wetland zone without first having applied for and been granted a Wetland Alteration Permit from the City. B. The applicant shall have the burden of establishing that the proposed use or activity complies with the purposes, intent and other provisions of this ordinance. C. The granting of a wetland alteration permit does not abrogate the applicant's need to obtain permits required by other local, state or federal agencies. 4.2 Performance Standards Prior to granting a wetland alteration permit, the City Council must find that: A. Any alteration shall minimize the impact on vegetation and shall not reduce the existing wildlife habitat value of a wetland zone. B. Any alteration shall not have a significantly adverse effect upon the ecological and hydrological characteristics of the wetland zone; in particular, destruction of existing trees, upland vegetation and hydrophytic vegetation. C. Erosion control measures shall be put in place on all lots with wetland zones SWO-159.001 -5- DRAFT Revised March 13, 1997 prior to beginning work and shall be approved by the City. All permits involving the disturbance of soil, including building permits, shall contain provisions which specify temporary as well as permanent erosion controls. All projects involving more than 2,000 square feet of disturbed ground or disturbed slopes greater than 12% shall have a detailed erosion control plan consistent with the Minnesota Construction Site Erosion and Sediment Control Planning Handbook and approved by either the Soil and Water Conservation District or a registered engineer. D. Any alteration shall not cause a decrease in the water quality of the wetland or in water quality value of the wetland. E. Only fill free of chemical pollutants and organic waste may be used. F. All on -land or in -ground sewage disposal systems shall meet criteria set out in Minnesota Rule 6, MCAR 4.8040, "Individual Sewage Treatment System Standard". G. Stormwater runoff from a development may be directed to the wetland only when substantially free of sediment, debris and chemical pollutants and only at rates which will not substantially disturb vegetation or increase turbidity as determined by the City. 4.3 Activities Requiring a Permit The following activities shall not be allowed within a wetland zone without first having applied for and been granted a Wetland Alteration Permit: A. Activities which alter or remove soils or vegetation, including but not limited to clearing, digging, dredging, draining or filling except as provided by Subsection 4.4. B. Alterations of any embankment, ponding area, or ponding capacity. C. Alterations which change the flow of water or increase the rate of storm water run-off from the drainage area which would exceed the rate of run-off as anticipated by the City's Surface Water Management Plan. D. Disposal or storage of man-made materials or equipment. E. Disposal or storage of waste materials including, but not limited to, yard waste and demolition debris. F. Alterations performed during the breeding season of waterfowl or fish spawning seasons unless it is determined by the City that these elements are not present. swo-159.001 -6- DRAFT Revised March 13, 1997 G. Installation of essential services, i.e. roads, sanitary sewer, etc. H. Construction or alteration of any building and or any structure or impervious installation, such as a gazebo or patio, which would generate storm water runoff exceeding existing natural conditions. 4.4 Activities/Exceptions not Requiring a Permit The foilcwing activities may be undertaken within the impact area without a Wetland Alteration Permit: A. Maintenance of existing yards in the impact area with the provision that no additional vegetation be removed, mowed, or altered. B. New planting and pruning of trees and shrubs. C. Removal of trees, limbs, brush, branches that are dead, diseased, or pose safety hazards. D. Landscaping, including grading, that does not exceed $500 in material and labor. E. Non -chemical removal of state certified noxious weeds, i.e., purple loose strife, also within the wetland. F. Construction or installation of any structure or pervious material within the impact area, such as a fence or bird house, which would not generate storm water runoff exceeding existing natural conditions. G. Emergency work to preserve life or property; repairs or maintenance of any lawful use of land existing on the date of adoption of this ordinance. 4.5 Application/Issuance of Permit Applications for wetland alteration permits shall be made by the owner or owners of the property and shall be filed with the City Administrator. All applications shall be accompanied by the prescribed administrative fee unless waived by the City Administrator, and shall include the following information: A. Required Submittals: The following information shall be submitted with a permit application: (1) A narrative describing the proposed alterations. (2) Name and address of the developer and/or owner of parcel. SWO-159.001 -7- DRAFT Revised March 13, 1997 (3) Legal description of site with map showing its location, existing structures and proposed alteration. (4) A topographic map and soil survey as required in the City's subdivision ordinance. (5) Information on existing drainage and vegetation within the site and tributary to the site. (6) Time schedule for starting and completion of project. (7) The exact location of the boundaries and type (referenced to Circular 39), of the wetland as determined by a qualified consultant approved by the City. (8) Other engineering data and information as may be required in the Subdivision Section of the City Ordinance or by the City Administrator. B. Application Review Process: (1) Review. The City Administrator shall forward copies of the application to the City Council for review upon receipt of all necessary information. (2) Planning Commission Referral. Any wetland alteration permit may, in the City Council's discretion, be referred to the Planning Commission for study and recommendation regarding the granting or the denial of same based on the performance standards set forth in Section 4.2 of this ordinance. (3) Notices. A notice describing the property and the request must be mailed to the property owners within 100 feet of the impacted wetland at least five days before Council's meeting at which time the request is to be considered. Failure of the property owners to receive the notice shall not invalidate the proceedings. (4) Disposition. A wetland alteration permit may be granted with or without conditions by a motion adopted by a simple majority of the City Council. An application may be denied in the same manner and such motion shall constitute a finding and determination by the City Council that the conditions required for approval do not exist. 4.6 Time of Permit Work authorized by a permit shall begin within ninety (90) days from the date of issuance unless otherwise stipulated. The work shall be completed within twelve (12) months from the date of issuance unless such time is extended by the City. The City shall be notified at least forty-eight (48) hours prior to the commencement SWO-159.001 -8- DRAFT Revised March 13, 1997 of work. If the work is not initiated as specified, the permit shall be voided. SECTION 5.0 - VARIANCES AND APPEALS 5.1 General An application for variance shall be processed according to the Municipal Code. In addition to normal notice requirements of the variance process, written notice of the variance along with a description of the scope of the proposed project shall be submitted to the relevant watershed district. (Bassett Creek or Minnehaha Creek Watershed District). Prior to granted a variance from this ordinance, the City Council must find that the variance: A. Will not result in any detriment to surface or groundwater resources which provide aquifer recharge. B. Will not increase the financial burdens on the community by increasing overflow fo water onto other areas. C. Is consistent with the City's land use plan and planning objectives and will not increase or cause danger to lift or property. D. Is consistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, existing trees, native vegetation and wetlands within the City. E. Will not include development of land and water areas essential to the storage of surface water, or include development of land and water areas which provide groundwater recharge. No variance shall be issued unless the applicant has submitted engineering data, surveys, site plans and other information as required in Section 4.5. 5.2 Replacement Criteria Where it is found that avoidance of direct impact on the wetland is not feasible, functional values and acreage lost as a result of a Wetland Alteration Permit shall be replaced according to the following criteria: A. Replacement wetlands shall be created in upland areas at a rate not less than 2.0 times the area of the original wetland. B. Replacement wetlands shall be of equal or greater public value in terms of water retention, water quality enhancement, wildlife habitat, recreation, aesthetic quality and educational value. Water quality enhancement value swo-159.001 -9- DRAFT Revised March 13, 1997 of the wetland will be measured according to a model acceptable to the City. Water retention, wildlife habitat and aesthetic value will be measured according to "The Minnesota Wetland Evaluation Methodology for the North Central United States", prepared by the Corps of Engineers in conjunction with the Minnesota Environmental Quality Board, September, 1988 and subsequent revisions. C. Replacement wetlands shall be located within the City and preference will be given to those areas within a subwatershed. D. Replacement wetland shall be completed and approved by the City before alteration of the existing wetland. It this criteria cannot be met, the applicant shall post a performance bond equivalent to at least 150% of the estimated construction cost of the replacement wetland, as determined by the City. The City Council may, at its discretion, waive this requirement if it finds that sufficient security has been posted by the property owner in compliance with the requirements of other regulating jurisdictions. Additional bonding may be required based upon conditions imposed on the applicant. E. An impact area shall be re-established around the perimeter of the replacement wetland. swo-159.001 -10- • Chapter 354, Wetland Conservation Act passed in 1991 • Permanent rules passed in 1993 - MN Rules Chapter 8420 • WCA Amendments —1994 —1996 —2000 BARR • Federal — Section 404, Clean Water Act — Administered by the Corps of Engineers • State — Public Waters Program — Administered by the MnDNR • Local — Municipalities, Watershed Management Organizations BARR • The underlying principles of the WCA are to: — Achieve no net loss of existing wetlands — Increase the quantity and quality of wetlands by restoring drained wetlands — Avoid direct and indirect impacts to wetlands — Replace wetland values where avoidance of activity is not feasible and prudent BARR • Administration by Local Government Units (LGU) — Watershed Management Organizations — Municipalities — Counties — Townships • Oversight by the Board of Water and Soil Resources (BWSR) • Technical Evaluation Panels (TEP) - Provide technical input to LGU BARR • 'Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water" — Wetlands have a predominance of hydric soils — Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted to life in saturated soil conditions — Under normal circumstances support a - prevalence of hydrophytic vegetation BARR Pre -permitting Activities — Define proposed land development area — Delineate wetlands in accordance with the Corps of Engineers 1987 Wetland Delineation Manual — Prepare wetland delineation report — LGU and/or TEP review and field verifies wetland delineation and notifies developer BARR • Permit Application Preparation — Development design incorporating following principles: • Avoid wetland impacts • Minimize wetland impacts • Rectify temporary wetland impacts • Replace unavoidable impacts BARR • Avoidance Planning Considerations — Evaluate 2 alternatives that avoid impacts to wetlands — Alternatives feasible and prudent? — Alternatives consider public health, safety, and welfare? — Alternatives in accordance with accepted engineering standards? — Alternatives environmentally suitable? BARR • Avoidance Planning Considerations — Other suitable sites — Modification of design, layout, scope — Removal of constraints of zoning standards or infrastructure — Physical, economic and demographic BARR • Minimization Considerations — Spatial project requirements — Existing features — Project purpose related to configuration — Sensitivity of the design to site features — Value, function and spatial distribution of wetlands on the site — Individual and cumulative impacts — Confine impacts to wetland periphery BARR • Wetland Replacement -Eligible Actions — Wetland restoration before creation — Restoration of natural hydrology — Establish wetland buffers — Reestablish native vegetative cover — Wetlands in mine pits or quarries — Constructed storm water basins • LGU must have implemented storm water plan that provides for maintenance BARR • Wetland Replacement -Location Siting — On-site or same subwatershed (2:1) — Same watershed (2:1) — Same county (2:1) — Adjacent watershed or county • (25:1 if different wetland type) — Statewide • (25:1 if different wetland type) BARR • Application and Review Procedures — Developer submits wetland replacement plan application including: • Wetland delineation report • Alternatives and sequencing analysis • Wetland mitigation plan • Wetland monitoring plan (if project specific) — LGU reviews application for completeness — LGU notifies TEP and MnDNR within 10 days — LGU receives comments from TEP and M=R ® — LGU reviews plans for compliance with WCA BARR Application and Review Procedures — LGU coordinates TEP meetings if needed to resolve technical or legal issues — LGU notifies applicant of deficiencies — Developer submits revised plans — LGU makes findings -of -fact and approves or denies application • State law typically requires decision be made within 60 days of complete application BARR • Project construction and wetland mitigation begin concurrently • LGU performs project inspections • Developer or LGU (by agreement) conducts wetland mitigation monitoring • Wetland mitigation certified complete by LGU — Typically within 5 years M BARR • LGUs may develop comprehensive wetland plans as an alternative to WCA rules • Allows flexibility in application of: — Sequencing standards — Replacement standards — Certain exemption • Varying standards requires local ordinance • Wetland management plans consistent with WCA do not need implementing ordinance BARR • Minimum Requirements — Plan area wetland inventory — Assessment of wetland functions — Determination of public values BARR • Sequencing Standards — May be varied based on the inventory and assessment of wetlands — Sequencing flexibility language may be expanded • Designate areas to be impacted in future • Avoid case-by-case sequencing consideration — Special protection • High value wetlands can be designated for greater protection • Some wetlands can be completely protected BARR • Replacement Standards — May be varied based on the inventory and assessment of wetlands — Must ultimately ensure no net loss of public values within plan area — Minimum plan area replacement 2:1 — Variable replacement ratios • Less than 2:1 ratios allowed for low quality wetlands • Higher ratios than 2:1 can be used to protect high value wetlands • Must achieve 2:1 replacement overall and assess on a tdefined, periodic basis BARR • Exemption Standards — Currently 400-2,000 sq. ft covered in WCA — Exemptions can be modified by ordinance • Exemptions can be eliminated • Acreage covered by exemptions can be changed BARR • Wetland Protection Strategies not Covered by the WCA — Wetland buffers — Regulating wetland excavation and inundation — Storm water runoff quantity — Storm water runoff quality — Exemption standards can be altered s BARR • Enforcement and Appeals — Local standards that are more restrictive than state law must be handled through local means BARR • Floodwater Storage and Detention — reduce flooding by slowing down floodwaters — provide temporary storage of storm water and snowmelt • Nutrient Assimilation — plants absorb nutrients from water — plants provide facilitate bacterial uptake and breakdown of nutrients BARR • Sediment Entrapment — moderate waterflows and provide time for sediments to settle out of water column • Ground -Water Recharge • Aesthetics/Recreation — Public Value • Fisheries and Wildlife • Education BARR 1 MODEL FORM OF ORDINANCE FOR IMPLEMENTATION OF LOCAL COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLAN Wetland Conservation Ordinance Of 19 ARTICLE 1 TITLE AND PURPOSE Section 1.01. Title This Ordinance shall be known, cited and referred to as the Wetland Conservation Ordinance of 19_. When referred to herein, it shall be known as "this Ordinance." Section 1.02. Purpose. This Ordinance is adopted for the purpose of: (A) Adopting, pursuant to the local wetland plan, certain alternative standards that shall apply to determinations by the governing body in its capacity as the local government unit for the state wetland conservation act program; (B) Adopting the state wetland conservation act program by reference as part of the governing body's official controls to provide an additional means for enforcement of the requirements of the state wetland conservation act program; (C) Adopting administrative procedures for performance of the governing body's responsibilities as the local government unit for the state wetland conservation act program that shall apply in addition to the administrative procedures set forth in the Wetland Conservation Act and Wetland Conservation Act Rules; and (D) Adopting as part of the governing body's official controls additional local requirements for the conservation of wetlands that are more restrictive than the requirements of the state wetland conservation act program. [Paragraphs (C) and (D) above and the corresponding Section 3.06 and Article 4 below are optional.] Page 1 of 9 ARTICLE 2 f DEFINITIONS Section 2.01. Definitions. (A) Incorporation by reference. Terms used in this Ordinance which are defined in the Wetland Conservation Act or the Wetland Conservation Act Rules shall have the meanings given there, unless otherwise defined in this Ordinance. Section 2.01, cont. B) Additional Definitions For purposes of this Ordinance, the following terms shall have the following meanings: Board of Water and Soil Resources. "Board of Water and Soil Resources" means the Minnesota Board of Water and Soil Resources. Governing Body. "Governing body" means the [county board/city council/board of managers] of Governing Body's Official Controls. "Governing body's official controls" means the official controls adopted by the governing body which are set forth in Local wetland plan "Local wetland plan" means the local comprehensive wetland protection and management plan adopted by the governing body on _, 19_ and approved by the Board of Water and Soil Resources, which is on file in the offices of the governing body. Local comprehensive wetland protection and management plan "Local comprehensive wetland protection and management plan" means a plan adopted and approved in accordance with Minn. Stat. § 103G.2243 and Minn. R. 8420.0650. Page 2 of 9 State wetland conservation act program. "State wetland conservation act program" means the program for the conservation of wetlands pursuant to the Wetland Conservation Act and the Wetland Conservation Act Rules, subject to alternative standards adopted by a local government unit under an approved local comprehensive wetland protection and management plan. Wetland Conservation Act "Wetland Conservation Act" means 1991 Minn. Laws ch. 354, as amended by 1993 Minn. Laws ch. 175, 1994 Minn. Laws ch. 627, 1996 Minn. Laws ch. 462, and by any subsequent amendments. Wetland Conservation Act Rules "Wetland Conservation Act Rules" means the rules adopted by the Board of Water and Soil Resources to implement the Wetland Conservation Act, Minn. R. ch. 8420 (1995), as amended by 20 Minn. Reg. 2629 (June 10, 1996), and by any subsequent amendments. ARTICLE 3 STATE WETLAND CONSERVATION ACT PROGRAM Section 3.01. Introduction. The governing body serves as the local government unit for the implementation of the state wetland conservation act program. The state wetland conservation act program requires persons proposing to impact wetlands by draining or filling to first, attempt to avoid the impact; second, attempt to minimize the impact; and finally, replace any impacted area with another wetland of equal function and value. As the local government unit for the state wetland conservation act program, the governing body is responsible for approving replacement plans and making other determinations specified by the Wetland Conservation Act and the Wetland Conservation Act Rules. This Article 3 pertains to determinations by the governing body in its capacity as the local government unit for the state wetland conservation act program. Section 3.02. State Standards. The governing body, in fulfillment of its responsibilities as the local government unit for the state wetland conservation act program, shall make exemption, no -loss, replacement plan, and banking determinations in accordance with the Wetland Conservation Act and the Wetland Conservation Act Rules, except as expressly provided in Section 3.03 of this Ordinance pertaining to alternative standards. Section 3.03. Alternative Standards. Pursuant to Minn. Stat. § 103G.2243, subd. 2 and Minn. R. 8420.0650, subp. 2, Page 3 of 9 a local government unit which has adopted an approved comprehensive wetland protection and management plan may vary certain standards that would otherwise apply to local government unit determinations under the Wetland Conservation Act and the Wetland Conservation Act Rules. In accordance with the local wetland plan, the following alternative standards shall apply to determinations made by the governing body in its capacity as local government unit for the state wetland conservation act program: (A) Classification of wetlands. 1. Authority for alternative standard Minn. Stat. § 103G.2243, subd. 2(1) and Minn. R. 8420.0650, subp. 2(A) provide that a local government unit which has adopted an approved comprehensive wetland protection and management plan may provide for classification of wetlands in the plan area based upon an inventory of wetlands, an assessment of the wetland functions, and the resulting public value of the wetlands. 2. Findings i�pport of alternative standard Pursuant to the local wetland plan, the governing body makes the following findings in support of its alternative standard for classification of wetlands: [State findings for adoption of alternative standard for classification of wetlands.] Alternative Standard Wetlands shall be classified for purposes of the application of the alternative standards in Sections 3.03(B), 3.03(C), 3.03(D), and 3.03(E) of this Ordinance as follows: [Specify alternative standard for classification of wetlands.] (B) Sequencing. Authority for alternative standard Minn. Stat. § 103G.2243, subd. 2(2) and Minn. R. 8420.0650, subp. 2(B) provide that a local government unit which has adopted an approved comprehensive wetland protection and management plan may vary the application of the sequencing standards in Minn. Stat. § 103G.222, subd. 1(b) for projects based on the classification of wetlands and criteria set forth in the plan. Page 4 of 9 2. Findings in support of alternative standard Pursuant to the local wetland plan, the governing body makes the following findings in support of its alternative standard for sequencing: [State findings for adoption of alternative standard for sequencing.] 3. Alternative standard The application of the sequencing standards in Minn. Stat. § 103G.222, subd. 1(b) shall be varied as follows: [Specify alternative standard for sequencing, making reference to alternative standard for classification of wetlands.] (C) Replacement. Authority for alternative standard Minn. Stat. § 103G.2243, subd. 2(3) and Minn. R. 8420.0650, subp. 2(C) provide that a local government unit which has adopted an approved comprehensive wetland protection and management plan may vary the replacement standards of Minn. Stat. § 103G.222, subd. 1(f) -(g), based on the classification of wetlands and criteria set forth in the plan, for specific wetland impacts provided there is no net loss of public values within the area subject to the plan, and so long as: (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced wetland for each acre of drained or filled wetland requiring replacement is met within the area subject to the plan; and (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of replaced wetland for each acre of drained or filled wetland requiring replacement is met within the area subject to the plan, except that replacement for the amount above a 1:1 ratio can be accomplished as described in Minn. Stat. § 103G.2242, subd. 12(c) and Minn. R. 8420.0540, subp. 2(D). 2. Findings i�pport of alternative standard Pursuant to the local wetland plan, the governing body makes the following findings in support of its alternative standard for replacement: [State findings for adoption of alternative standard for replacement.] 3. Alternative standard The replacement standards in Minn. Stat. § 103G.222, subd. 1(f) -(g) shall be varied as follows: [Specify alternative standard for replacement, making reference to alternative standard for classification of wetlands.] Page 5 of 9 (D) Replacement credit in a greater than 80 percent area. Authority for alternative standard Minn. Stat. § 103G.2243, subd. 2(4) and Minn. R. 8420.0650, subp. 2(D) provide that a local government unit in a greater than 80 percent area which has adopted an approved comprehensive wetland protection and management plan may allow replacement credit, based on the classification of wetlands and criteria set forth in the plan, for any project that increases the public value of wetlands, including activities on adjacent upland acres. 2. Findings in support of alternative standard Pursuant to the local wetland plan, the governing body makes the following findings in support of its alternative standard for replacement credit: [State findings for adoption of alternative standard for replacement credit.] 3. Alternative standard Replacement credit shall be allowed for the following: [Specify alternative standard for replacement credit, making reference to alternative standard for classification of wetlands.] (E) Expansion of exemptions in a greater than 80 percent area. Authority for alternative standard. Minn. Stat. § 103G.2243, subd. 2(5) and Minn. R. 8420.0650, subp. 2(E) provide that a local government unit in a greater than 80 percent area which has adopted an approved comprehensive wetland protection and management plan may, based on the classification of wetlands and criteria set forth in the plan, expand the application of the exemptions in Minn. Stat. § 103G.2241, subd. 1(a)(4), to also include nonagricultural land, provided there is no net loss of wetland values. 2. Findings in support of alternative standard. Pursuant to the local wetland plan, the governing body makes the following findings in support of its alternative standard for expansion of the exemptions in Minn. Stat. § 103G.2241, subd. 1(a)(4): [State findings for adoption of alternative standard for expansion of exemptions in Minn. Stat. § 103G.2241, subd. 1(a)(4).] 3. Alternative standard. The exemptions in Minn. Stat. § 103G.2241, subd. 1(a)(4) shall be expanded as follows: Page 6 of 9 [Specify alternative standard for expansion of exemptions in Minn. Stat. § 103G.2241, subd. 1(a)(4), making reference to alternative standard for classification of wetlands.] Section 3.04 Appeals. Exemption, no -loss, replacement plan, and banking deteminations made by the governing body in its capacity as the local government unit for the state wetland conservation act program may be appealed to the Board of Water and Soil Resources pursuant to and in accordance with Minn. Stat. § 103G.2242, subd. 9 and Minn. R. 8420.0250. Section 3.05. Enforcement. The state wetland conservation act program is enforceable pursuant to and in accordance with Minn. Stat. § 103G.2372 and Minn. R. 8420.0290. In order to provide an additional means for the enforcement of the requirements of the state wetland conservation act program, the Wetland Conservation Act and the Wetland Conservation Rules, subject to the alternative standards set forth in Section 3.03 of this Ordinance, are hereby incorporated by reference as a part of the governing body§ official controls. Violations of the Wetland Conservation Act and the Wetland Conservation Act Rules, subject to the alternative standards set forth in Section 3.03 of this Ordinance, shall be deemed to be violations of the governing body§ official controls and may be enforced by the governing body in the same manner as any other violations of the governing body§ official controls. Such enforcement of the governing body official controls shall be in addition to enforcement under Minn. Stat. § 103G.2372 and Minn. R. 8420.0290 and shall not be deemed to amend, supersede, preempt, or otherwise alter enforcement under Minn. Stat. § 103G.2372 and Minn. R. 8420.0290. [Optional] Section 3.06. Administrative Procedures The Wetland Conservation Act and the Wetland Conservation Act Rules establish certain administrative procedures that apply to exemption, no -loss, replacement plan, and banking determinations by the governing body in its capacity as the local government unit for the state wetland conservation act program. The governing body adopts the following administrative procedures for performance of its responsibilities as the local government unit for the state wetland conservation act program that shall apply in addition to the administrative procedures set forth in the Wetland Conservation Act and Wetland Conservation Act Rules: [The adoption of administrative procedures pursuant to this Section 3.06 is optional. If the governing body chooses to exercise this option, it may adopt and specify here administrative procedures that apply to the processing of exemption, no -loss, replacement plan, and banking determinations by the Page 7 of 9 governing body. Such administrative procedures may pertain to matters such as delegation of certain decision making authority by the zoning administrator, procedures for appeals of decisions of the zoning administrator to the governing body or a board of adjustment, and other matters that are internal to the operations of the governing body. Such administrative procedures may not be inconsistent with the Wetland Conservation Act and the Wetland Conservation Act.] [Optional] ARTICLE 4 ADDITIONAL LOCAL REQUIREMENTS Section 4.01. Introduction. The governing body finds that it is desirable to impose additional local requirements for the conservation of wetlands that are more restrictive than the requirements of the state wetland conservation act program implemented pursuant to and in accordance with Article 3 of this Ordinance. This Article4 adopts additional local requirements as part of the governing body's official controls. [The adoption of additional local requirements pursuant to this Article 4 is optional. If the governing body chooses to exercise this option, it may adopt local requirements for the conservation of wetlands that impose protections above and beyond the protections afforded by the Wetland Conservation Act, the Wetland Conservation Act Rules, and the alternative standards set forth in Section 3.03 of the Ordinance. Adoption of additional local requirements will establish a dual track of regulation. A landowner will be required to comply both with the wetland conservation act program implemented under Article 3 of the Ordinance and the additional local requirements implemented under Article 4 of the Ordinance. Even if the activity is permitted under the state wetland conservation act program, it may not proceed if it is prohibited by the additional local requirements.] Section 4.02. Additional Local Requirements The following additional local requirements for the conservation of wetlands are adopted as part of the governing body official controls and shall apply in addition to the requirements of the state wetland conservation act program implemented pursuant to and accordance with Article 3 of this Ordinance: [Specify additional local requirements that are more restrictive than the state wetland conservation act program.] Section 4.03. Judicial Review The application of the additional local requirements in Section 4.02 of this Ordinance by the governing body is subject to judicial review in district court of county in the same manner and in accordance with the same Page 8 of 9 procedures applicable to judicial review of other decisions under the governing body official controls. Section 4.04. Enforcement. Violations of the additional local requirements in Section 4.02 of this Ordinance are enforceable in the same manner as other violations of the governing body§ official controls. Section 4.04. Administrative Procedures The following administrative procedures apply to the implementation of the additional local requirements in Section 4.02 of this Ordinance: [Specify the administrative procedures that apply to the implementation of the additional local requirements in Section 4.02 of the Ordinance. The governing body may, for example, choose to specify that applications for approvals under the additional local requirements will be processed in the same manner as applications for conditional use permits under the governing body§ official controls.] a:modwet.ord (July, 1997) Page 9 of 9 http://www.ci.plymouth.mn.us/cgi-bin/fuf .. ons/ZoneOrd//21670-WETLANDS_DISTRICT. hl This document is also available in PDF format. or SECTION 21670 - WETLANDS DISTRICT 21670.01. FINDINGS, INTENT AND INCORPORATION BY REFERENCE: Subd. 1. The City has determined that wetlands serve to maintain water quality by filtering water that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their inorganic to organic forms, thereby, protecting streams and water bodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support more stable biological communities since their water temperatures and water levels tend to be more stable. Subd. 2. Wetland vegetation also reduces the energy of waves, currents, and other erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food, shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources. Subd. 3. The City has also found that wetlands vary significantly in the degree that they have been altered. lands within the City exhibit great variations in their floral diversity, quality of wildlife and fishery li-.ritat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the City has determined that it is necessary and beneficial to classify wetlands based upon their functions and values. The City has also found that it is in the best interest of the general health and welfare of the City to achieve no net loss of wetlands within the community. Subd. 4. The City recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the City finds it necessary to require extraordinary measures to prevent such construction related degradation. Subd. 5. In addition to having regulations that affect the physical impacts within wetland areas the City also finds that it is necessary to regulate the use of lands surrounding wetlands. Buffer strips (as defined by Section 21005), are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife. Subd. 6. This section hereby incorporates by reference the Wetlands Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislature. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this section, insofar as they relate to the WCA. All wetlands, as defined in Section 21005 of V Chapter, including those governed by the Department of Natural Resources, are covered by the other 1. . isions of this Chapter. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable and in circumstances that meet the criteria established in Section 21030 of of 8 7/20/014:29 PM http://www.ci.plymouth. mn.uslcgi-binlfuf...onsIZoneOrdII21670-W ETLANDS_DISTRICT. h! - this Chapter, departures from the strict application of these standards may be permitted. Subd. 7. It is the intent of this Chapter to avoid the alteration and destruction of wetlands. When wetlan,- are altered or destroyed, mitigation must be provided to recreate the functions and values of the 16. wetland. 21670.02. PURPOSE AND IMPLEMENTATION: Subd. 1. Through the adoption and enforcement of this section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this section, the City seeks to accomplish the following purposes: (a) To satisfy the requirements of the WCA as it may be amended and, thereby achieve no net loss of wetlands within the City; (b) To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; (c) To preserve the natural character of the landscape through the maintenance of wetland ecosystems; (d) To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and (e) To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd. 2. To accomplish these purposes, the City will: (a) Conduct an inventory of all wetlands within the City; (b) Develop a system of classification for wetlands within the City and classify the City's wetlands based upon their relative values related to floral diversity, wildlife habitat, water quality protection, fishery habitat, flood storage, shoreline protection, and aesthetic, recreational and education benefits. (c) Prepare and maintain a comprehensive set of official maps identifying the location ar classification of all wetlands within the City. of 8 7/20/014:29 PM http://www.ei.plymouth.mn.us/cgi-bin/fuf ..ons/ZoneOrd//21670-WETLANDS_DISTRICT.hI (d) Establish wetland regulations that are coordinated with flood plain and shoreland protection regulations. (e) Require sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community. (f) Enforce standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs. (h) Develop and maintain a program to educate the public about the numerous benefits and features that wetlands provide and the adverse effects of improperly managed urban development on wetlands. 21670.03. GENERAL PROVISIONS: Subd. 1. Identification and Delineation of Wetlands. (a) This section shall apply to all land containing wetlands and land within the setback and buffer areas required by this section. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable Federal, State, and City ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located. (b) A wetland is land that meets the definition of "wetlands" set forth in Section 21005 of this Chapter. Wetlands have been or will be identified and the wetland classification as established by the officially adopted City maps shall be prima facie evidence of the location and classification of a wetland. The official maps shall be developed and maintained by the Community Development Department and are open to inspection by the public. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of the section. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the City. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including but not limited to, topographic, hydrologic, floristic and/or soil data deemed necessary by the City to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources. (c) Only that portion of a property within the boundaries of a wetland shall be subject to the provisions of this section. (d) This section establishes four wetland classifications as defined in Section 21005 of this of 8 7/20/014:29 PM http://www.ci.plymouth.mn.us/cgi-binlfiif...onsIZoneOrdII21670-W ETLANDS_DISTRICT.hs Chapter; Exceptional Quality, High Quality, Medium Quality, and Low Quality. 21670.04. GENERAL STANDARDS: The following standards apply to all lands within and/or abutting a wetland: Subd. 1. Septic and soil absorption systems must be setback a minimum of seventy-five (75) feet from the City approved boundary of the wetland. Subd. 2. The lowest ground floor elevation shall be two (2) feet above the 100 -Year flood elevation or three feet above the Ordinary High Water Mark of public waters regulated by Section 21665 of this Chapter, whichever is greater. Subd. 3. Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with State Regulations. Subd. 4. The MPCA's Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process. Subd. 5. City inspection schedules and fines for erosion control will double on projects abutting wetlands. Subd. 6. Before the City issues a building permit for a lot with a required wetland buffer, the lot owner shall: (b) Install the wetland monumentation required by Section 21670.07. of this Chapti 21670.05. WETLAND BUFFER STRIPS AND SETBACKS: Subd. 1. For lots of record created after January 3, 1995, a buffer strip shall be maintained abutting all wetlands. The setback and buffer provisions of this Chapter shall not apply to lots of record on January 3, 1995, to developments for which conditional use permits, site plans, preliminary plats, final plats or preliminary or final planned unit development plans have been approved by the City within two (2) years prior to January 3, 1995, or to developments for which complete applications for any of the above actions have been accepted by the City for review, but not yet acted upon, prior to January 3, 1995, or to sites that have undergone substantial improvements or alterations prior to January 3, 1995. The City does however, strongly encourage the use of a wetland buffer and setback on all lots in the City. Subd. 2. Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as a proposed development. Subd. 3. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this Subdivision. During the first two (2) years, any buffer vegetation that does not survive must be replanted. After two years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to reestablish the buffer area to meet the standards contained in Section 21670.08 of this section. Buffer strips shall be identified within each lot 1 permanent monumentation approved by the City. G of 8 7/20/014:29 PM http://www.ci.plymouth.mn.us/cgi-binlfuf...onsIZoneOrdII21670-W ETLANDS_DISTRJCT. hl Subd. 4. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails P ` are intended to serve an interpretive function may also be exempted from the buffer requirement. All r roadways and trails shall meet the buffer standards established in either Section 21670.05 or 21670.06 below. (Amended by Ord. No. 2001-06, 02/13/01) Subd. 5. If the area of the buffer has a preconstruction slope of twelve (12) percent or greater, the buffer shall be at the applicable maximum width for the wetland classification. The use of a meandering buffer strip to maintain a natural appearance is encouraged but not required in areas of flat topography. Subd. 6. The required structure setback shall apply to all structures, except that such structure setback shall not apply to roadways and trails and their related retaining walls and fences. (Amended by Ord. No. 2001-06, 02/13/01) Subd. 7. Wetland buffer strips not required by this section may be voluntarily created in conformance with the requirements of this section concurrent with approval of a site plan, or in the absence of a site plan, upon approval of an administrative permit. (Amended by Ord. No. 2001-06, 02/13/01) Wetland Buffer and Setback F-ceptional High Medium Low Wetland Buffer Width (Min.): 50'40'20'10' Wetland Buffer Width (Max.):* 100'60'40'20' Wetland Buffer Average Width: 75'50'30'15' Structure Setback (from Buffer):** 15' 15' 15' 15' Total (Average): 90'65'45'30' * Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width. * * These setbacks shall take precedence over other setbacks required in this Chapter. of 8 7/20/014:29 PM http://www. ci.plymouth. mn.ustcgi-binlfbf...onsIZoneOrdII21670-W ETLANDS_DISTRICT. h� Example of Buffer and Setback Applied to a High Quality Wetland High Quality Wetland Building Area 50' Buffer 21670.06. ALTERNATIVE WETLAND BUFFER STRIPS AND SETBACKS: WITH EXTRAORDINARY MANAGEMENT MEASURES: Subd. 1. Recognizing that there are instances where because of the unique physical characteristics of a specific parcel of land, narrower buffer strips may be necessary to allow for the reasonable use of the land, the City has developed alternative buffer strip standards that may be applied in these instances. Subd. 2. The City Council may approve alternative standards, based on an assessment of the following: (a) size of the parcel (b) existing roads and utilities (c) percentage of parcel impacted by wetlands (d) configuration of wetlands on the parcel (e) quality of the affected wetland(s) of 8 7/20/014:29 PM http://www.ci.plymouth.mn.us/cgi-binlfuf... onsIZoneOrdII21670-WETLANDS_DISTRICT. hi Subd. 3. The City Council will evaluate the appropriateness of using the alternative standards as part of its review sketch plan. An applicant must receive Council approval through either of these review processes prior to witting a preliminary plan or plat application that applies the alternative buffer strip standards. Subd. 4. In instances where the City Council approves alternative buffer standards, an applicant will be required to apply extraordinary management measures to control erosion, sedimentation and nutrient loading during and for two years after construction. The applicant must demonstrate that the proposed measures will limit disolved phosphorus concentration to one (1) milligram per liter (mg/1) or less. Buffer strips and structure setbacks shall meet the following standards: Alternative Wetland Buffers and Setbacks, With Extraordinary Measures Exceptional High Medium Low Wetland Buffer Width (Minimum) 25'20'10'5' Wetland Buffer Width (Maximum)* 50'30'20'15' Average Wetland Buffer Width 30'25' 15' 10' Structure Setback (from Buffer)** 15' 15' 15' 15' Total (Average): 45'40'30'25' * Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width. * * These setbacks shall take precedence over other setbacks required in this Chapter. Subd. 5. Extraordinary management measures that may be permitted in conjunction with and up-slope from the above buffer strip and setback requirement include, but are not limited to measures that add redundant protections to normal required Best Management Practices. Subd. 6. The applicant shall be responsible to submit all of the necessary information to document that the proposed extraordinary construction and stormwater management practices (hereinafter referred to as "Extraordinary Management Practices") will at least duplicate the performance of the required buffers and setbacks, if not exceed it. The applicant shall also have the burden of proving that the purpose and objectives of the Chapter will be met through the use of these Extraordinary Management Practices. Subd. 7. The approval of any Extraordinary Management Practices shall be conditioned upon a site improvement performance agreement (Section 21045 of this Chapter), that includes a binding commitment to the maintenance of the proposed alternative treatments throughout their useful life. 2, u /0.07. MONUMENT REQUIRED: A monument is required at each lot line where it crosses a wetland buffer with a maximum spacing of two hundred (200) feet of wetland edge. If no buffer is required, the monument shall of 8 7/20/014:29 PM http://www.ci.plymouth.rnn.us/cgi-bin/fuf ... ons/ZoneOrd//21670-WETLANDS—DISTRICT.I,i be at the edge of the wetland. contact@ci.plymouth.mn.us ;of 8 7/2.0/01 4:29 PM Minnetonka Code of Ordinances CHAPTER 3: ZONING REGULATIONS SECTION 300.23. WETLANDS DISTRICT. 1. Purpose. The purpose of the wetlands district is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the city's wetlands by regulating the use of both wetland areas and adjacent properties. These functions include but are not limited to sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The intent is to apply the regulations and standards of this district as an overlay zone, further regulating the use of land as allowed by other use districts of this ordinance. 2. Description of Protected Wetlands. The wetlands which are regulated and protected by this ordinance are limited to types 2, 3, 4, 5, and 6, 7, and wetlands, as defined in circular 39, "Wetlands of the United States", 1971 edition, United States department of the interior. Wetlands normally contain poorly drained peaty muck soils as defined by the most recent Hennepin county soil survey. Protected wetlands which are identified on the official city maps are further defined as follows: a) Type 2 Inland Fresh Meadow: occurs along the shallow edges of lakes, marshes and floodplains, or in perched depressions. The soil is usually without standing water during much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants. b) Type 3 Inland Shallow Fresh Marsh: soil is usually water logged during the growing season, often covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. c) Type 4 Inland Deep Fresh Marsh: soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. d) Type 5 Inland Open Fresh Water: water is usually less than 10 feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. e) Type 6 Inland Shrub Swamps: occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. f) Type 7 Wooded Swamps: occur along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland type includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. g) Type 8 Bogs: occur along sluggish streams, on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and sedges. Minnesota bogs contain leatherleaf, labrador tea, cranberries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of bogs. 3. Boundaries of Wetlands District. The boundaries of the wetlands district are set forth on the official wetlands map and are generally delineated by a topographical contour located at a specific elevation above mean sea level and/or by environmental characteristics. Wetlands noted in appendix a of this section are delineated by a specific elevation. All notations, references and data shown on the official wetlands map adopted by the city council are incorporated by reference into this ordinance. 4. Interpretation of Wetlands Boundaries. The boundaries of the wetlands district shall be determined by scaling distances on the official wetlands map, supplemented by field surveys as necessary. Where there is an apparent discrepancy regarding the exact location of the boundary of the district as shown on the official wetlands map, or where there appears to be a conflict between the location of the boundary shown on the official wetlands map and actual field conditions, or where an apparent wetlands is located within an area designated as floodplain on official city maps, the city engineer may change the official wetlands map in accordance with the procedure outlined in this subdivision. In any instance in which there is a dispute or uncertainty regarding the boundary of the wetlands, the city engineer may require the submission of a registered survey of the property and such other information as is necessary or convenient to reach a determination. No map change may be authorized on the basis of fill which was placed on the site after the area was designated as part of the wetlands district. Persons residing wholly or partially within 400 feet of the subject property shall be notified by mail of the pendency of the matter and shall be given 10 days to comment. Persons aggrieved by a decision of the city engineer may appeal such decision to the board of zoning adjustment in accordance with the provisions of section 300.05 of this ordinance. The city engineer shall post notice of said action in the same manner as the city clerk posts notice of special meetings of the city council. Wetlands which are not identified as such on official city maps shall receive protection through site and building plan review pursuant to section 300.27 of this ordinance and through the application of the performance standards required by section 300.28 of this ordinance. The city retains the right to protect wetlands to the maximum extent possible while offering an opportunity to obtain a reasonable use of the property. 5. Permitted Uses. Within the wetlands district no land shall be used except for one or more of the following uses: a) residential lawns, gardens, pastures (except commercial feed lots) fences and docks, provided that no change is made to the ground elevation; b) wildlife and nature preserves; c) pervious hiking, skiing and horseback riding trails; d) public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances; or e) environmental monitoring or control facilities, including those related to water quality and wildlife regulation. 6. Conditional Uses. Within the wetlands district no land shall be used for the following except by conditional use permit and exceptin conformance with the standards specified in subdivision 7 of this section: a) outdoor nurseries; b) private and public recreational uses, including golf courses, ballfields, playfields, picnic grounds and boat ramps; c) public utilities, including necessary structures; d) other non-structural facilities similar to those permitted by this section which also meet the intent of this section, as determined by the city; or e) structures associated with recreational uses permitted by this subdivision or by subdivision 5 of this section which are designed in an environmentally sensitive manner and will withstand periodic flooding, except for structures designed or used for habitation or the storage of equipment. No conditional use permit shall be granted except in circumstances in which its approval will not have an adverse impact upon the wetlands and surrounding properties, the intent of this ordinance or the precepts of the comprehensive plan. Granting of a conditional use permit shall be conditioned upon approval of the request by all other appropriate governmental agencies, including the watershed district and the Minnesota department of natural resources. 7. Standards for Wetlands Districts and Neighboring Lands. The following standards shall apply to all land within the wetlands district and to neighboring lands: a) except as modified or regulated by the standards of the wetlands district, all requirements of the underlying zoning district shall apply; b) no structures shall be allowed in the wetlands district, except those allowed as of right or by conditional use permit by subdivisions 5 or 6 of this section; c) all structures shall have a minimum basement floor elevation not less than two feet above the flood elevation; d) all structures except those permitted within the wetlands district shall be set back at least 35 feet from the boundary of the wetlands district. Uncovered porches, decks, patio slabs, open terraces, stairways, walkways, and cantilevered building areas may extend a distance not to exceed 10 feet into the required setback; e) no parking or driveway areas except for those accessory to single family dwellings shall be located within 20 feet of the wetlands district; f) all hardsurface runoff shall be treated in accordance with the requirements of the city and appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose shall be properly maintained and serviced by the property owner; g) discharge into the wetlands shall occur at a rate no greater than allowed by the city engineer in accordance with the city's stormwater management plan and appropriate watershed district requirements; and h) there shall be no setback from the boundary of the wetland district for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, fences, light poles, traffic signals, traffic regulatory signs, mailboxes, and other equipment that provides an essential public service. 8. Removal of Lands from the Wetlands District. Land may be removed from a wetlands district only by a zoning amendment pursuant to the provisions of section 300.09 of this ordinance and only if water storage is provided in an amount compensatory to that removed by such action and if consistent with the purpose of this ordinance, the city's overall water resources management plan and precepts of the comprehensive plan. In determining the appropriateness of a rezoning request, the city council shall consider the size of the total wetlands district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. In addition to application requirements, the city may require submission and approval of the following information: a) a concept plan indicating ultimate utilization of the property; b) a grading plan with appropriate drainage calculations and erosion controls prepared by a registered engineer; c) a landscaping or revegetation plan; and d) such other information as may be necessary or convenient to evaluate the proposed rezoning. 9. Alteration of the Wetlands. No alteration of a wetlands district shall be allowed without a wetlands alteration permit, subject to recommendation by the planning commission and approval of the city council. Activities which constitute an alteration regulated by this section shall include physical alterations of the size, depth and contour of the wetlands, dredging or chemical alteration by compounds used to destroy or limit wetlands vegetation. Alterations to wetland vegetation that do not require a wetland alteration permit are the use of a wetland as a pasture (excepting commercial feed lots) and the periodic cutting but not removal of wetland vegetation in conjunction with maintenance of a residential lawn. Alteration shall only be allowed if water storage is provided in an amount compensatory to that removed. In determining the appropriateness of an alteration request, the city council shall consider the size of the total Wetlands district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit shall be accompanied by such information as required by the city, including: a) a concept plan indicating ultimate utilization of the property; b) a grading plan with appropriate drainage calculations and erosion controls prepared by a registered engineer; c) a landscaping or revegetation plan; and d) such other information as may be necessary or convenient to evaluate the proposed permit 10. Public Control of Wetlands. The proponents of development on properties containing a Wetlands district may be required to dedicate all or part of the wetlands or to convey an easement over all or a part of the wetlands to the city if consistent with the intent and procedures of this ordinance. Part 1I. Code :Chapter 16 page 13 •eface I I.Charter I II.Code I SEARCH II < Back I Forward > II Part II. The Code Chapter 16 LAND DEVELOPMENT AND PLATTING ARTICLE VII. WETLANDS (Added by Ord. No. 92-65, 12-7-92) Section 16.57. PURPOSE AND INTENT. http://www.ci.blooniington.nm.us/code/p2.phtrrd?IND=codel6—1 The protection and replacement of wetlands within the state has been established as an environmental priority by the State Legislature pursuant to Minnesota Statutes, Sections 103G.221 - 103G.2373 and other provisions. Minnesota Statutes, Sections 103G.221 - 103G.2373 prohibit the burning, draining, and filling of a wetland and the issuance of permits that allow such activities, with certain exceptions. The purpose and intent of this Article VII is to adopt an ordinance that will implement this statutory provision and related regulations, and to adopt a local comprehensive plan for the protection and management of wetlands. (Added by Ord. No. 92-65, 12-7-92; Amended by Ord. No. 97-24, 6-16-97) [ Top of page ] Section 16.58. GENERAL RULE. (a) No burning, filling, or draining of wetlands may occur unless it involves an activity exempted under the provisions of Minnesota Statutes, Sections 103G.221 - 103G.2373. (b) No building permits, parking lot permits, grading permits, or final site and building plans may be approved or issued until: (1) The following documentation has been provided to the City: identification of all wetlands on the site, using the currently approved Federal Manual for Identifying and Delineating Jurisdictional Wetlands, copies of documents completed in making the wetlands identification, qualifications of the person performing the identification, and a description of any wetlands which are to be burned, filled, or drained pursuant to the development. The Issuing Authority may waive the requirement of such documentation in instances where it has determined from aerial photographs, the National Wetlands Inventory, on-site observations, or other pertinent information that the site contains 1 of 2 7/23/013:12 PM Part II. Code :Chapter 16 page 13 http://www.ci.bloornington.mn.us/code/p2.phtm]?IND=codel6—1 no wetlands; (2) Submission and approval of a wetland mitigation and replacement plan has occurred, if burning, filling, or draining of wetlands is proposed to occur. Such plan shall comply with this Code, state law, and any regulations adopted pursuant thereto; (3) Payment has been made of a plan review fee in the amount of $75.00 when a wetland mitigation and replacement plan is required; and (4) All elements of any wetland mitigation and replacement plan have been implemented, or a performance bond, letter of credit, or other approved security sufficient in amount to guarantee implementation has been provided to the City. (Added by Ord. No. 92-65, 12-7-92; Amended by Ord. No. 97-24, 6-16-97) [ Top of page ] Section 16.59. ADOPTION OF A LOCAL WETLAND PROTECTION AND MANAGEMENT PLAN. Pursuant to Minnesota Statutes Section 103G.2243, the City Council adopts a Local Comprehensive Wetland Protection and Management Plan, which has been prepared under the requirements of Minnesota Rules, Chapter 8420. (Added by Ord. No. 97-24, 6-16-97) [ Top of page ] I Preface I I.Charter I II.Code I SEARCH II < Back I Forward > II 2 of 2 7/23/013:12 PM