HomeMy WebLinkAbout2007-10-30 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Tuesday, October 30, 2007
5:00 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes - postponed to November meeting
5. Visitor Presentations:
6. Commission Presentations:
7. Staff Presentations:
8. Unfinished Business:
a. Wetland Ordinance
9. New Business:
10. Adjourn
TO:
FROM:
SUBJECT:
DATE:
Environment and Natural Resources Commission (ENR)
Ginny Gaynor
ENR COMMISSION MEETING - October 30, 2007 - Wetland Ordinance
October 23, 2007
Over the past several months the Environmental and Natural Resources Commission has been
discussing changes for the Wetland Ordinance. On September 4, 2007, ENR Commission made
decisions on stream classification and trails. On September 25, commissioners discussed
averaging, exemptions, and incentives.
Staffhas incorporated decisions made by ENR Commission into the draft ordinance. In addition,
staff has drafted language for the following items:
1. Averaging
2. Exemptions
3. Requirements when using averaging or requesting variances
4. Encouragement for restoring buffers
On the draft, new language is in bold and underlined.
On October 30, 2007, ENR Commission will review the draft ordinance. Staff encourages
Commissioners to carefully review the entire ordinance before our meeting, focusing special
attention on the above items. It would be helpful if Commissioners submit any minor corrections
in writing (right on the draft ordinance), rather than taking group discussion time for these. An
extra copy ofthe draft ordinance will be supplied for this purpose.
After ENR Commission reviews the draft, changes requested by ENR Commission will be
incorporated and the draft ordinance will be sent to Planning Commission.
MAPLEWOOD WETLAND ORDINANCE
DRAFT 10-23-07
(Changes to the city's current wetland ordinance are underlined if added and stricken if deleted.
Changes made since September 4, 2007, are in bold)
1. Findings and purposes.
The findings and JlHrJloses ofthis section are as follows:
a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality Qy
filtering pollutants, reduce flooding and erosion, provide food and habitat for wildlife,
provide open space and are an integral part ofthe city's environment. Wetlands are an
important physical, educational, ecological, aesthetic, recreational and economic asset to
the city. They are critical to the city's health, safety, and general welfare. Surrounding
development may degrade, pollute, accelerate the aging of or eliminate wetlands.
Regulating land use around wetlands is therefore in the public interest.
b. Streams are also significant elements of the city's hydrologic system. Streams flow into
wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an
integral part of the city's environment. Like wetlands, streams are an important physical,
educational, ecological, aesthetic, recreational and economic asset. Surrounding
development may degrade, pollute or damage streams and, in turn, degrade other surface
waters downstream. Requiring buffers recognizes that the surrounding uplands relate to
the woodland and stream quality and function and, therefore, are in the public interest.
c. Buffers are the lands that surround wetlands and streams. They are integral to
maintaining the valuable functions many wetlands perform and to maintaining a
wetland's health. Requiring wetland buffers recognizes that the surrounding uplands
relate to the wetland and stream's quality and function and, therefore, are in the public
interest. Buffers have the following functions:
ill Rreduce the impacts of surrounding land use on wetlands and streams by
stabilizing soil to prevent erosion by stoflTl'.yater; and filtering suspended solids,
nutrients, and harmful substances.
ill Moderating water level fluctuations during storms.
ill BHffem also Jlrrovide essential wildlife habitat.
ill ami Provide shade to reduce the temperature of both stormwater runoff and the
wetland. (Water temperature is one of the factors controlling the abilitv of water
to hold dissolved oxygen. This ability decreases with increasing water
temperatures. The dissolved oxvgen level must be maintained at a minimum level
to maintain healthv aquatic life.)
I
ill Fiflally, bHffem rReduce the adverse impacts of human activities on wetlands and
streams.
E4JThe purposes ofthis section are to:
a. Preserve wetlands in a natural state.
ab. Preserve the beneficial functions of wetlands and streams by regulating the surrounding
land use.
BC. Stabilize the soil around wetlands and streams to prevent stornr::ater erosion.
6Q. Enhance and preserve water qualitv bv F[1lterirrg suspended solids, nutrients and harmful
substances before they ffem reaching wetlands, streams and public waters.
4~. Reduce human disturbances of wetlands and streams by visHally seJlaratifls wetlaads
from yards.
e[ Prevent flooding and the costs of reclaiming water quality.
g. Protect property.
th. Protect beneficial plant and wildlife habitat.
gl. Educate the public, including appraisers, owners, potential buyers or developers, to the
development limitations of wetlands, streams and associated buffers.
1- Encourage propertv owners who live adiacent to and/or near wetlands to be responsible
stewards of wetlands including manaeill!! and enhancinl! the quality of wetland
buffers to maximize the values of the wetland and buffer. Restorinl! the buffer to a
diverse pIantinl! of deep-rooted native plants is optimal for providinl! wildlife
habitat, fIlterinl! pollutants, and decreasinl! potential for erosion. Landowners
interested in restorinl! their buffer to native plants should submit a restoration plan
to citv staff for approval.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them ifl this sHbseetiofl, except where the context clearly indicates a
different meaning:
Alteration means any human action that adversely affects a buffer. Alterations include but are
not limited to the following: grading, filling, dumping, dredging, draining, cutting, pruning,
topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any
hazardous or toxic substance, discharging pollutants except stormwater, paving, construction,
application of gravel or any other human activity that adversely affects the vegetation,
hydrology, wildlife or wildlife habitat. Alteration does not include the following:
a. Walking, passive recreation, fishing or other similar activities.
b. Planting that enhaaees native vegetation.
2
c. The selective clearing, pruning or control oftrees or vegetation that are dead, diseased,
noxious weeds or hazardous.
A'.'erage 9b:ffir '.vidth meaas the &':erage width of a bHffer '.yithifl a siflble develoJlmeflt, lot or
phase,
Best manazement vractices (EMP's) mean measures taken to minimize negative effects of
stormwater on the environment including, but not limited to, installation of rain gardens,
infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction
of impervious surfaces, planting of deep-rooted native plants, landscape and pavement
maintenance.
Boz means a peatland with acidic pH as described in the Minnesota Land Cover Classification
System.
Buffer means a stream or 'o':etlaad bHffer or the protective zone of vegetation along a stream or
around a wetland.
Clearing means the cutting or removal of vegetation.
Enhancement means an action that increases the functions and values of a wetland, stream or
wetland buffer.
Fen means a peatland fed by ground water as described in the Minnesota Land Cover
Classification Svstem, including but not limited to, calcareous fens, rich fens, and poor fens.
Forested seasonal wetland means a wooded wetland with hydric soils that may have standing
water vear round or mav dry UP seasonallv.
Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the
ground. An infiltration basin will tvpicallv drain within 48 hours of a storm event.
Mitigation means an action that reduces, rectifies, eliminates or compensates for the alteration of
a buffer, wetland or stream.
Native vegetation means tree, shrub, grass or other plant species that are ~ indigenous to the
Twin Cities metropolitan area that could have been expected to naturally occur on the site.
Native vegetation does not include noxious weeds.
Naturalized vezetation means tree, shrub, grass or other plant species that exists on a site
naturallv, without having been planted. It mav be a native or non-native species. Some
naturalized species are appropriate in a buffer and some are considered weeds.
Olizotrovhic acid marsh means a shallow or deep marsh with low pH, high dissolved oxygen,
and low levels of nutrients.
Ordinary high water mark (OHWM) means a mark delineating the highest water level
maintained for enough time to leave evidence upon the landscape. The ordinary high water mark
is commonly that point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial.
3
Rain zarden means an infiltration basin that is planted as a garden and allows water to infiltrate
within 48 hours of a storm event.
Restoration means returning a wetland, stream or buffer to a condition that is similar to that
before development ofthe surrounding area.
Sedze meadow means a wetland with saturated soils or standing water that contains a significant
number of plant species associated with sedge meadow, defined as wet meadow in the Minnesota
Land Cover Classification System.
Semivublic means land that is maintained bv a private or!!anization for public use.
Setback means the minimal horizontal distance between a structure and the nearest edge of the
buffer, wetland, or stream.
Stream means those areas where surface waters produce a defined channel or bed. A defined
channel or bed is land that clearly contains the constant passage of water under normal summer
conditions. This definition does not include drainage swales or ditches that channel intermittent
stormwater runoff.
Stream icmffcr meafls lafla that is in airect arainage to a stream afla 'Nithin the bOHnaary aescribea
by this artiele. /\ pemoa shall meaSHre all bHffem from the ordiaary hibh 'o':ater mark (OHWM)
as identified ia the field. If a persoa eaRflot determiae the OHWM, the stream bHffer shall be
from the top ofthe stream baflk.
Structure means anything constructed or erected that requires location on the ground or attached
to something having location on the ground.
Sustainable tksi/.!n means a development that is desi!!lled to protect and restore the natural
environment of the land on which it is developed.
Variance means a deviation from the standards ofthis section that is not specifically allowed.
Vegetation means any organic plant life growing at, below or above the soil surface.
Water qualify vond means a pond that that has been created to capture stormwater runoff. These
are not natural wetlands. Stormwater is often piped into these ponds but mav also enter through
sheet runoff.
Water qualify vond edze means the normal high water level for a utility pond.
Wetland 9b:ffir meaRS laRd that is ia direet draiaabe to a '.yetlaRd '.yithia the bOHadary deseribed
by this seetioa. /\ll bHffers shall be measHred oHtward from the '.yetlaRd edbe.
Weed means a plant which is causing damage in some way to native vegetation or ecosystems.
Wetland classes. The city defines the wetland classes used in this section as follows:
(a) Class! wetlaNds meafls 'Netlaflas assigRea the HniEIHe10Htstaflaing rating in the Ramsey
Washiagtoa Metro Watemhed Distriet WetlaRds Iaventory, 1995. Class I wetlaflds are
4
those v:ith eOflditions aad fHfletiofls most sHseeptible to hHman impaets, are most HfliqHe,
have the hibhest eommHflity reSOHree sigaifieaaee aad similar eharacteristies.
(b) Class 2 wetlands meaa high valHe (defiflitiofl based Ofl Watemhed wetlaads iaventory
resHks ).
(e) Class 3 wetlands meaa ?:ildlife habitat valHe.
(a) Class 1wet!aNds meafl moaerate ':aIHe impacts.
(e) Class 5 wetlands meaas v:etlaads assigaed the highly impacted ratiflb ifl the Ramsey
Washiflgtofl Metro Watemhed Distriet Wetlaads Iaveatory, 1995. Class 5 wetlaflds are
those v:ith eOflditions aad fHfletiofls most affeeted by flHmafl acti'/ities, with the least
diveme vebetatiofl eommHnities, least eommHflity reSOHree sigaifieaaee aad similar
characteristics.
for the pHfJloses ofthis sectiofl, the LT. S. fish aad Wildlife Serviee's Classifieatiofl of Wetlaads
afla Deepwater Habitats ofthe Unite a States, fV/S lOBS 79131 (Co'Narain et ai, 1979) contains
the deseriptiofls and photobraphs of'.yetlaad elasses aad sHbelasses.
a. Class A + means wetland types that are very rare in our community, are particularly
sensitive to impacts from development, and provide much needed habitat for wildlife.
These wetlands are special wetlands and deserve additional protection to ensure that they
remain in that status. These wetlands will provide much needed habitat for wildlife.
Class A+ wetlands are Class A wetlands utilizing Ramsev Washington Metro Watershed
District classification system plus wetlands that follow unique and special types of
wetlands in Maplewood:
12 oligotrophic acid marsh.
2) wet prairie
3) sedge meadow
4) forested seasonal wetland
5) bog
b. Class A - Defined as a Class A wetland utilizing Ramsey Washington Metro Watershed
District classification svstem. These wetlands are exceptional and the highest-
functioning wetlands in Maplewood. These wetlands should be preserved and in some
cases enhanced to achieve the highest functioning value.
fC. Class B - Defined as a Class B wetland utilizing Ramsev Washington Metro Watershed
District classification system. These wetlands are high-quality wetlands that should be
protected from development and other pressures of increased use, including indirect
effects. Maintaining natural buffers will help retain the significant function these
wetlands provide. These wetlands also provide optimal restoration opportunities.
5
d. Class C - Defined as a Class C wetland utilizing Ramsev Washington Metro Watershed
District classification system. These wetlands provide medium functional levels and the
wetland extent should be maintained. Maintaining natural buffers will help retain the
significant function these wetlands provide. These wetlands also provide optimal
restoration opportunities.
~ Utilitv Class - Defined as water qualitv ponds.
Wet vrairie means a wetland with saturated soils, containing a significant number of plant
species found in wet prairie communities as defined in the Minnesota Land Cover Classification
System.
Wetland easement means a designated area that includes the wetland or buffer where disturbance
from mowing, cutting or similar activities is excluded.
Wetland and stream edge means the line delineating the outer edge of a wetland. One shall
establish this line by using the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands aatea JaflHary 10, 19&9, afla jointly pHblishea by the U.S. EB'iironmeatal Protection
/\befley, the u.s. fish aad Wildlife Serviee, the u.s. /\rmy Corps of Eflbifleers aad the u.s. Soil
COflseriatiofl Ser'/iee. The applicable watershed board must verify this line.
Wetland functions means the natural processes performed by wetlands, such as helping food
chain production, providing wildlife habitat, maintaining the availability and quality of water
such as purifying water, acting as a recharge and discharge area for groundwater aquifers and
moderating surface water and stormwater flows and performing other functions, including but
not limited to those set out in U.S. Army Corps of Engineers regulations at 33 CfR
320. 4(b )(2)(19&&).
Wetlands means those areas ofthe eity inundated or saturated by groundwater or surface 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 as defined in the fArmy Corps of
Engineers Regulation 33 CfR 328.3 1988). Where a person has removed or mostly changed the
vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil
and other documentation ofthe previous existence of wetland vegetation such as aerial
photographs.
3. Applicability. This section shall apply as follows:
a. This section shall apply to any person or use that would alter a wetland, stream or
wetland buffer after !.priI21, 1995 add date of adoption of new ordinance.
b. When any provision of any ordinance conflicts with this section, the provision that
provides more protection for buffers, wetlands or streams shall apply unless specifically
provided otherwise in this section. This also applies to the appropriate Watershed
District.
c. Public and semipublic streets, utilities or trails, whether built by a public agency or
private developer, shall be subject to this section.
6
4. General exemptions. This section shall not apply to the following:
a. The construction or maiatenaflce of rrublic or semi-public arainage facilities,
sedimeatatioR pORds, or erosioR eORtrol faeilities streets, utilities, and trails.
b. The maiatenaflce ofpHblic or semipHblic facilities inclHaing streets, Htilities afla trails.
e. Where the eity eOHReil '.yaives these reqHiremeats for the eORstruetioR of pHblie aad semi
pHblic Htilities or trails, 'Nhether bHik by a pHblic agency or pri'iate ae'ieloper, tIhe city
eOHlleiI may waive the requirements for these facilities where there would be a greater
public need for the project than to meet the requirement ofthis section. The eity eOUlleil
shall hold a publie heariRg bef-ere deelariHg sueh a waiver. The eity shall Rotify the
property OWRers within J1iO ~ feet oethe buffer at least teR da-ys before the
hearing. In waiving these requirements, the city eOHfleil shall follow the following
standards~ in sHbsection (e) ofthis section.
(I) The city may only allow the construction of public or semi-public utilities and
streets through buffers where there is no other practical alternative and the
following requirements are met:
(a) The city council must approve the waiver to allow public or semi-
public utilities or streets to be located within a wetland buffer. Before
the city council acts on the waiver the pIanninl! commission and the
environmental and natural resources commission shall make a
recommendation to the citv council. The pIanninl! commission shall
hold a public hearinl! for the waiver. The city staff shall notify the
propertv owners within five hundred (500) feet of the buffer at least
ten davs before the hearinl!.
(b) Utility or street corridors shall not be allowed when endangered or
threatened species are found in the buffer.
(c) Utility or street corridors, including any allowed maintenance roads, shall
be as far from the wetland or stream as possible.
(d) Utility or street corridor construction and maintenance shall protect the
wetland, stream or buffer and avoid large trees as much as possible. The
city shall not allow the use of pesticides, herbieides or other hazardous or
toxic substances in buffers, streams or wetlands. In some situations the
use of herbicides mav be used if prior approval is obtained from staff.
(e) The owner or contractor shall replant utility or street corridors with
appropriate native vegetation, except trees, at preconstruction densities or
greater after construction ends. Trees shall be replaced as required bv citv
code.
(f) Any additional corridor access for maintenance shall be provided as much
as possible at specific points rather than by parallel roads. If parallel roads
are necessary they shall be no greater than fifteen (15) feet wide.
7
(2) The city may allow public or semi-public private trails in buffers. Trails must
be approved bv staff and are subject to the following guidelines:
l.!!..l Trails shall not be installed when endanl!ered or threatened species
are found to be present in the buffer.
(b) The trail shall H6t be constructed of impervious materials. AD elevated
hoardwaIk shall Dot he cODsidered aD impervious surface.
(c) Buffers shall be expanded, where possible, equal to the width ofthe trail
corridor.
(d) The owner or contractor shall replant all disturbed areas next to the trail in
a timeframe approved by staff. immediately afteF completing the tmil.
W All necessary erosion control measures must be in place prior to
developing the trail. The erosion control measures must also be
maintained and inspected to ensure that the wetland is not compromised
bv trail construction activities.
ill Trail must be constructed with sustainable design methods.
W Trail may provide one access point to the wetland but should be no
more than four four (4) feet wide.
(h) Boardwalks are appropriate ill this situatioD aDd macy he wider thaD 1
ket-allowed within the buffer and shall be a maximum of six (6) feet
in width for semi-public use and twelve (12) feet in width for public
use. may aFe appropriate ill this situatioD aDd macy he wider thaR 1'.
ill Trails or boardwalks shall not be constructed entirelv around the wetland.
fr.- StrnctuFes, vegetatioD aDd maillteDaDce activities aDd pFlldices in existeDce OD the
effective date of the oFlliRance fFom which this sectioD derives. A coHtmctoF OF
OWDer may remodel, recoDstFUd OF replace affected stFllctures if the Dew
cODstFlldioD does DOt taI,e up mOFe huffeF IaDd thaD the stFUcture used hefoFe the
Femodelillg, FecoDstFllctiOD OF replacement.
e, Where this seetioR wOHld deay all reasoRable Hse of a lot of reeord. IR sHeh ease, the
owner or contractor shall construct aflY bHilaing to maximize the setback from a bHffor.
federal, state or '.yatershed distriet rules aad rebHlatioRs shall apply. /\JteratioRs to a
bHffer shall be the miRimHm Reeessary to allO'o': for the reasoRable Hse ofthe property.
Where feasible, the eity may reqHire the mitigatioR of aay alteratioR of a bHffer.
f:. Additions to a house. l!aral!e. deck, or drivewav usinl! existinl! setbacks to a wetland
for propertv that is zoned or currentIv beinl! used as sinl!Ie famiIv residential.
d. Non-chemical control and removal of noxious weeds within the buffer. Removal
plan to be approved bv staff.
8
~ PIantinl! of native plants within the wetland buffer. PIantinl! plan to be approved bv
staff.
f:. Removal of trees. limbs. brush or branches that are dead. diseased. or pose safetv
hazards.
5. Variances. Procedures for granting variances from this section are as follows:
a. The city council may approve variances to the requirements in this section. All variances
must follow Minnesota state law governing variances.
b. Before the city council acts on a variance the planning commission and the
environmental and natural resources commission shall make a recommendation to the
city council. The pIanninl! commission eity ellllDeil shall hold a public hearing for the
variance. before appro'iing a'iariaflce. The city staff shall notify the property owners
within five hundred 500 ~ feet ofthe buffer at least ten days before the hearing.
c. The city may reqnire the applicant to mitigate any buffer alteratillH with the
approval of a variance. includinl! but not limited to. impIementinl! one or more of
the stratel!ies as listed in item 6.k. (averal!inl!).
b, To approve a variaRGe, the eOHReil mHst malce the follo.....iRb fiRdiRbs:
B Strict enforcemeat wOHla CaHse HflaHe haraship becaHse of circHffistaflces HfliE[He
to the property Hflder eORsideratioR. The term "HRooe hardship" as Hsed iR
braatiRb a 'iariaaee meaRS the O?:Rer ofthe property iR EIHestioR eanRot pHt it to a
reasonable Hse ifHsea Hnaer conaitions allowea by the official controls; the plight
ofthe laadO'l:Rer is ooe to eirGHffistaaees HfliqHe to his property, Rot ereated by
the laado...mer; aad the variaaee, if braRted, '.vill Rot aker the esseatial eharaeter of
the locality. Economic consiaerations alone are not an HnBHe haraship if
reasoRable Hse for the property e)[ists HRder the terms ofthis seetiofl.
;!j The 'iariaflce wOHla be in keeping with the spirit aaa iateat ofthis section.
6. BHffer S&tandards. Standards for this section bHffers are as follows:
a. Wetland or stream easement. The property owner of any property affected by this section
shall record wetland or stream easements with the county. The easements shall cover any
wetlands, streams or wetland buffers. These easements shall describe the boundaries of
the buffer and prohibit any building, mowing, cutting, filling or dumping within the
buffer, stream or wetland. The owner or developer shall record such easements with a
final plat, with deeds from a lot division or before the city issues a building permit for an
affected property. The applicant shall submit proof that the owner or developer has filed
the notice.
b. Treatment of stormwater:
12 All stormwater must be treated to the followinl! water quality standards
prior to discharl!e to a Class A+. Class A. Class B and Class C wetlands:
90% sediment removal and 60% phosphorus removal.
9
Il Stormwater must not infIltrate into a wetland at a rate l!reater than one (1)
inch.
;n
Stormwater discharl!inl! into a wetland must not exceed
percent.
c. An affected property owner shall maintain a buffer. Any planting in a buffer shall be
from native vegetation.
d. The city prohibits the alteration of buffers. The city may waive this requirement where
the watershed district has approved a permit for filling all or part of a wetland.
e. The following are the minimum required buffer widths and building foundation setbacks:
Minimum Buffer Width
Buffer Wetland Classes
Class 4;1 Water Utilitv
Class A +-J- & Streams Class BJ Class C-4- Class 5
-l-OO-ft. 75-1-00 ft. 50 ft. ~. g...ft,
200-1-00 ft. IOO~ ft. 75~ ft. 50'W-ft. lOG ft.
Average buffer width'
BHildiRb fOHRdatioR
Structure Setback From
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Outer Edge of Buffer
'No more than 10 percent of the wetland buffer area may be used for averaging.
[ Buffer measurement. Buffers shall be measured horizontallv from wetland edge, not
across the buffer landscape. On slopes greater than 1~% the buffer width shall be
increased to 10 feet beyond the apex ofthe slope. Extension ofthe buffer for steep slopes
shall applv to all wetland classes. The city may require a variable buffer width to protect
adjacent habitat that the city determines is valuable to the wetland, stream, wildlife or
vegetation.
&. The city does not allow the construction of stormwater drainal!e facilities,
sedimentation ponds, infIltration basins, and rain water l!ardens best fflllHll!!emeHt
IH'llctiees within the buffer, except as allowed in general exceptions.
h. The minimum buffer widths shall apply to all wetlands, including those created, restored,
relocated, replaced or enhanced.
1. Buffer shall remain in natural state with naturalized or native vegetation.
J. Where the watershed district has approved a wetland filling permit. The city shall require
mitigation for any disturbed buffer land.
k. Proiects usinl! averal!inl! shall meet requirements set forth bv citv council,
commissions, or staff. These requirements may include, but are not limited to, the
10
strateeies below. Additional stratel!ies that reduce stormwater impacts to wetland
or improve functioninl! of the wetland buffer may also be reqnired. All stratel!ies to
be approved bv staff prior to issuance of a l!radinl! or buildinl! permit.
(1) Restoration of buffer to native pIantinl!s. Submittal of a buffer restoration
plan drafted bv a professional experienced in wetland restoration includinl!:
(a) Existinl! vel!etation.
(b) Restoration methods.
(c) Maintenance procedures proposed durinl! first three vears of
establishment.
(d) Erosion control measures.
(e) List of plants to be planted.
(f) Qualifications of contractor. OnIv contractors with experience and
success restorinl! wetland buffers or natural vel!etation shall be
approved.
(g) Cash escrow or letter of credit to cover 150 percent of the reqnired
work.
(2) Manal!e invasive weeds in buffer. All weeds listed on the Minnesota noxious
weed list must be controlled. Other problematic weeds which are not on the
noxious weed list but can threaten the health of a wetland must also be
controlled. Submittal of a weed manal!ement plan drafted bv a professional
experienced in wetland restoration includinl!:
(a) Tarl!et weeds.
(b) Appropriate manal!ement techniques.
(c) Manal!ement schedule.
(d) Potential erosion and reseedinl! ifmanal!ement will create Iarl!e areas
of dead vel!etation.
(e) Cash escrow or letter of credit to cover 150 percent of the reqnired
work.
(3) Reduction in stormwater runoff enterinl! wetland and/or improvement of
quality of stormwater runoff enterinl! wetland. This may be achieved
throul!h the followinl! stratel!ies or other staff approved best manal!ement
practices for dealinl! with stormwater. These practices to be located outside
of the wetland buffer.
II
(a) Reduce amount of pavement on site (i.e. fewer parkinl! stalls.
narrower driveways. shared parkinl! with other businesses).
(b) Use pervious pavement such as pavers or porous asphalt.
(c) Use turf pavers or modified turf areas for overflow parkinl!.
(d) Install rain l!arden or infIltration basin.
(e) Install rock trench or rock pit.
(f) Install filter strip of l!rass or native vel!etation.
(g) Install surface sand filter or underl!round fIlter.
(h) Install native pIantinl!s on site to reduce fertilizer use and improve
infIltration.
(i) Install l!reen roof on buildinl!.
U) Install l!rit chambers. sediment traps. or forebays.
!:. Special construction practices shall be required on proiects adiacent to wetlands.
Practices to be approved by staff prior to issuance of a l!radinl! or buildinl! permit
indudinl!. but not limited to. the followinl!:
a. Gradinl!.
b. Sequencinl!.
c. Velide trackinl! platforms.
d. Additional silt fences.
e. Additional sediment control.
7. fencing Erosion control, sign, and platting standards:
a. Before grading or construction, the owner or contractor shall put into place erosion
control measures around the borders of buffers. Such erosion control measures must
remain in place until the owner and contractors have finished all development activities
that may affect the buffer. All erosion control measures must be maintained and
inspected to ensure compliance and protection of wetlands and buffers. The contractor or
owner shall be responsible for all erosion/sedimentation breaches and shall restore
impacted areas to conditions present prior to construction activities.
b. Before starting construction, the boundary between a buffer and adjacent land shall be
identified using permanent signs. These signs shall mark the edge ofthe buffer and shall
state there shall be no mowing, cutting, filling or dumping beyond this point. These signs
12
shall be installed at each lot line where it crosses a wetland buffer, and where needed to
indicate the contour ofthe buffer, with a maximum spacing of 100' feet of wetland edge.
c. When platting or subdividing property, the plat or subdivision must show the wetland
boundaries as approved by the watershed district.
8. Mitigation and restoration of buffers. The city requires mitigation when a property owner or
contractor has or will alter a buffer. The property owner or contractor shall submit a mitigation
plan to the city staff for their approval. In reviewing the plan, the city may require the follo'Ning
actions below iR deseeRdiRb order of prefereRee.
a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as
by using appropriate technology.
b. Rectifying the impact by repairing, rehabilitating or restoring the 'Nooalafla buffer.
c. Reducing or eliminating the impact over time by prevention and maintenance operations
during the life ofthe actions.
d. Compensating for the impact by replacing, enhancing or providing substitute buffer land
at up to a one-to-one ratio.
e. Monitoring the impact and taking appropriate corrective measures.
f. Where the city requires restoration or replacement, the owner or contractor shall replant
the buffer with native vegetation. at a similar deRsity to the amoHat before akeratioR A
replanting plan must be approved by the city prior to planting.
&. Any additional requirements by the appropriate watershed district as well as the soil and
water conservation shall apply.
h. All stratel!ies as listed in item 6.k. (averal!inl!)
9. Wetland buffer mitil!ation suretv reqnired. The applicant shall post a wetland buffer
mitil!ation surety with the city, such as a cash deposit or letter of credit, of one hundred
and fiftv (150) percent of estimated cost for mitil!ation. Funds will be held bv the citv until
successful completion of restoration. Wetland buffer mitil!ation suretv does not include
other sureties required pursuant to anv other provision of citv code or citv directive.
10. Enforcement. The citv reserves the ril!ht to inspect the construction site at anv time for
compliance with this ordinance. Should the citv find the site in violation of the approved
wetland buffer mitil!ation plan, thev mav issue a stop work order until conditions are
corrected.
11. The city shall be responsible for the enforcement of this ordinance. Any person who fails to
compIv with or violates anv section of this ordinance shall be deemed l!uiltv of a
misdemeanor and, upon conviction, shall be subiect to punishment in accordance with
section 1-15. All land use bniIdinl! and l!radinl! permits shall be suspended until the
developer has corrected the violation. Each dav that a separate violation exists shall
constitute a separate offense.
13