HomeMy WebLinkAbout2007-12-04 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Tuesday, December 4, 2007
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. October 30, 2007 (wetland meeting)
b. November 7,2007
5. Visitor Presentations:
5. Commission Presentations:
7. Staff Presentations:
a. 2007 Buckthorn Removal Report
b. Maplewood Nature Center update
8. Unfinished Business:
a. Wetland Ordinance update regarding Planning Commission meeting
b. Parks Plan Task Force update on November 28th meeting
c. Recycling update
d. NPDES, Non-Deg
9. New Business:
a. Set date for January meeting.
10. Adjourn
Attachments:
Minutes - October 30, 2007
Minutes - November 7, 2007
2007 Buckthorn Removal Report
Maplewood Nature Center Update
Wetland ordinance draft
Wetland schedule
Environmental and Natural Resources Commission Minutes
Tuesday, October 30, 2007
Council Chambers - Maplewood City Hall
1830 County Road BEast
Call to Order:
5:00 p.rn.
Members Present:
Frederica Musgrave
Carol Lynne
Carol Mason-Sherril
Ginny Yingling
Jim Beardsley
Staff Present:
Ginny Gaynor
Shann Finwall
Members Absent:
Margaret Behrens
Approval of Af.!endn:: Aye
Approval of Minutes - postponed to
meeting
Visitor Presentations:
Ron Cockriel - There is a planned tour
He reviewed duties and of
Londin Lane firehouse.
1. Update on
some minor investigations and received
PFBA at low levels. It is not a matter of
out the PFC ground water contamination problem in
and detections have been found but not at
would
2.
like an update on the south Maplewood tours. There was
was not notified of a tour. Staff will follow-up with consultants
is notified of any future tours.
concern
making sure
Staff Presentations:
Unfinished Business:
1. Wetland Ordinance - Chairperson Beardsley asked for a general reaction from the
commissioners on their impression ofthe ordinance:
. Page 10 regarding the buffer area - there was concern about reducing any type of
wetland area.
. Page 10 under treatment of storm water item number 3 which states that storm water
discharging into a wetland must not exceed.1 percent - percent is blank. Staff will
follow-up.
. Page 2 item J - Can a comment can be added that staff is ~y~ilable for consultation
or a mention classes that might be offered to educate hom~Owtiers. Staff mentioned
that there could be a companion piece mentioning thi~jmf9rmation to education the
public.
. Page 4 - Why was 'stream buffer' deleted
because we did away with 'stream buffer'
just the term buffer.
. Bottom of page 4 - Can the word
Staff will look at the wording.
. Page 8 regarding trails - Can the wording
and biodegradable trails'? response: No,
constructed of pervious approved by
. Page 12 - 'erosion control there
measures are? Staff will take a
something can be pulled from
. Is there a way
ordinance
the role
. Page
happens if one
commented.. .
to go with
be
when
'pervious' 'organic
add that trails will be
.
of what those
to see if
ordinance.
and amending the
a time line on ordinances. It is
that are weak and out of date.
until the project is completed' - what
Is it a requirement for the property
problem? There is no reference to this in the
there is mention of enforcement. Staff will
work on the wOrding this enforcement can happen at anytime
regardless of wotkin and after completion.
If a repair is needed who and pays for it? Staff said each property owner is
bound by all ordinances in the city and they would be responsible to repair damage
from erosion. The city staff would assist by educating thern. A restoration or
maintenai1~eagreement in the ordinance would spell out the yearly inspections until
the buffer is established. Staff will look at the wording regarding maintaining the
buffer once it is established.
Page 2 J, one ofthe commissioners wondered ifthe term 'should submit' should be
moved or changed. Staff said they could put it where it says "You shall not disturb
the buffer, however, if you are going to do a restoration then you should submit a
plan" The commissioners agreed that this would be a good idea.
.
2. Discussion on cover letter included in packet: Staff asked for decisions/discussion
regarding averaging, exemptions, requirements in using averaging, requesting variances
and encouragement for restoring buffers:
a. Page 10 - proposal to allow averaging for class A and B.
. There was discussion regarding taking averaging out ofthe ordinance all together.
Staff indicated that allowing for some encroachment could be beneficial to a
wetland since the ordinance would require mitigation (improvement to the buffer
or lessening of stormwater impacts) when averaging is used.
. A Commissioner would like some wording added
developer to move planned structure away from
another location on the site is feasible.
b. Decisions on averaging:
. Minimum buffer for class A is 75 feet,
. Minimum buffer for Class B 50',
. No more than 10% ofthat wetland
. Averaging shall not be allowed if
water quality.
discretion to ask
of wetland if
or
3. Exemptions
. Item C falling under general
encroachments into the
. Commission discussed
homeowners may encroach in
o There is a of
o An that is
the
- there
reword
on how to handle
so it makes sense.
Decision was made that
allowed.
existing wall and is a
4. Next steps
be
comments via email or writing to
in the next draft.
to wrap up the ordinance based on the
as a draft and to bring that to the planning
as early as Nov. 20.
at by ENR Commission on Nov. 7.
.
.
.
draft
New Business:
Staff will address the
issue on 9 and 10 at the Nov. 7th meeting.
Uvcominf.! meetinf.!s
November 7
Adiourn 6:45
Environmental and Natural Resources Commission Minutes
Wednesday, November 7 2007
Council Chambers - Maplewood City Hall
1830 County Road BEast
Call to Order:
Members Present:
Ginny Yingling
Carol Mason-Sherrill
Jim Beardsley
Frederica Musgrave
Staff Present:
Dewey Konewko
Ann Hutchinson
Approval of Af.!enda: Accepted as amended
Approval of Minutes: Accepted and approved
October 2 meeting - change minutes to reflect
September 4 meeting - Under B- Trails change
absent
letter C.
Visitor Presentations: none
Commission Presentations: none
Leaf, SEH
Staff:
. NPDES (National
clean water act. There
Environmental
Dewey.
System) was part of the 1972 federal
public meeting on Nov. 26. Staff requested that the
on the report, before the November 26th to
Ron Leaf:
. Covered thehon-degradation part ofthe prograrn. Talked about requirements, analysis,
assumptionsatid methods used. Presented how the city faired overall.
. Non-degradatiotifequirements:
1. City completes an assessment and produces a report to the MCP A.
2. The city needs to evaluate the loading ofthree pollutants over two time periods
from 1988 to current conditions and then to projected loadings in the year 2020.
The three pollutants are total Phosphorus, suspended sediment and annual runoff
volume.
Ron discussed Analysis Methods and Assumptions:
. Results were discussed:
1. Run-off volume.
2. Total suspended solids.
3. Phosphorus is the primary pollutant of concern for Maplewood water
bodies.
. Development standards:
1. Implement best management practices to
2. A reduction in 60% Phosphorus removal,
infiltration of a one inch run-off
total solids.
the requirement of an
Draft report was sent to the watersheds for review.
before November 30 so this can be submitted to
Commission will work directly with staff on
Program.
get the
done
Resources
plan
Ouestions for Ron:
1. Frederica: What is being done
from going into the storm sewer?
sweeping? Answer: The
debris, a truck comes through and
aggressive - twice a City
2. Blowing leaves The
their leaves
3. How is the
difficult to say
road to reduce pollutants
they do
catch some ofthe
program IS
up their leaves.
from blowing or raking
a
4.
Until the TMDL studies are done it is
effective for different types ofland use.
out as to what the city ought to be doing?
the right direction. The city of Maplewood is
water? The first place we saw the tree issue come
photography to assess the level of imperviousness in
replacement oftrees. Trees play an important role
6. on how the data was arrived at. The data is based on land
use, and average loading estimates for different land uses
for impervious used in standard models submitted with different developments.
Data was not at outlet points.
7. Is there data on chlorine? We advise people not to discharge into the street but instead
into their lawn.
8. Phosphorus reduction? City has education the public on phosphorus. The city has an
ordinance prohibiting phosphorus use on established lawns.
Staff Comments:
Staff along with the Environmental and Natural Resource Commission and a consultant will
develop a work plan with the goal of meeting the TMDL. Ron stated the ultimate goal is
going to be determined in the TMDL study or by the City policy that states what general
target levels.
Ron stated recent trends are for less frequent, but more intense storms, that wouldn't
necessarily capture the same run-off on an annual basis.
How do citizens obtain a copy of this report?
1. The full report is on the City of Maplewood Website
2. There are copies available for those who do not
3. Residents can attend the discussion at November
a computer.
Unfinished Business:
Wetland Ordinance Follow-up:
Changes/issues that came up at the last
November 20, those comments will be
ENR approves then they will begin
the planning commission on
meeting and if
with the City Council.
Email any questions about the document
We will include those in that go
to Ginny, Shann or Dewey.
Commission.
Frederica - feels it
completed and what
fix the problems?
to
it
enforcement after the project has been
How it is enforced and who is going to
done
Exemptions:
Page 9 item C - commissioners
could be continued but the minimum
and agreed the straight edge of a building
shall be 25'.
(Page 9, item
- request tOhave language read 'house, garage, deck or other structure'.
A comment was madeJhatsomewhere in section page 9 item C there needs to be some kind of
reference to mitigation, A shed less than 120sq ft does not require a permit as long as it doesn't
disturb the soil and that the required set-backs are met.
Treatment of Storm water. .. page 10... 6B... Dewey will give a presentation at the next meeting
to give more clarification on the topic. Agreed on following language: "Storm water must be
treated before being discharged into wetland."
E and F - property owner is always responsible for erosion issues. Escrow covers the cost
associated in the event that they don't do some ofthese things.. the City can come in.
Enforcement - page 15 item 10 - Agreed on the wording.
Correction needs to be made page II item F2 because you cannot have an average buffer that is
smaller than the minimum buffer. The example needs to be changed.
Ann questioned why streams were not listed under wetland classification (page 6 IB). Streams
should be under class A.
New Business:
Nature Center update - The City council awarded the
to purchase an energy bike, $3,600.00.
gambling funds
Upcominf.! meetinf.!s
November 20 Planning Commission Meeting
November 28, 6:00 p.rn. - 1st meeting for Park Trails
December 4,5:00 City Council ENR Meeting.
December 19 - 2nd meeting for Park Space
Space Task Force Meeting
There is concern that the Commission is
Stall assured them that these dates will be
for meetings/events.
Adiourn
MEMORANDUM
TO:
Environmental Commission
FROM:
Ginny Gaynor, Shann Finwall, DuWayne Konewko
RE:
Wetland Ordinance Schedule
DATE:
1l/27/07
Here is the schedule for wetland ordinance review:
1. Planning Commission review and comment November 20.
2. Community Design Review Board review and comment December II
3. ENR Commission final review and recommendation January
4. City Council workshop end of January, beginning of February (if necessary).
5. City Council first reading in February.
6. From the first reading ofthe ordinance, ifthe City Council has major changes
they want made we would have to bring it back to the ENR Commission, if
not it would proceed to a second reading the end of February or beginning of
March.
2007 Neighborhood Buckthorn Program Accomplishments
Maplewood Nature Center
Buckthorn Coordinator: Carole Gernes
RET AlLER P ARTICIP A TION: ( Herbicide Coupon)
. Fourteen herbicide coupon partnership letter requests sent.
. Four participating retailers -Gertens (lnver Grove heights), Linders, Bachman's
(White Bear Ave.-) and Dege's Garden Center.
. Two reminder letters sent
. One visit to Dege's Garden center and one email
. Three preliminary coupon mock-ups.
. Final mock up of coupon sent to September City News.
. Thank you letters sent in October.
PUBLICITY AND CONTACTS:
. Developed/created two 2007 Buckthorn Program flyers - one for participants and
one for the general public.
. Copies left @ City Hall, Public Works and Community Center, along with
Buckthorn management Brochures.
. Also created a "Nominate your Neighborhood" sign-up sheet for block parties.
. Ran off350 copies of each (general public and sign-up sheets) for distribution to
block party participants.
. Wrote one volunteer newsletter buckthorn article.
. Wrote 3 buckthorn program articles for Maplewood City News.
. Created a list of resident requests for removal of buckthorn from city property
(2002- 2007).
. Developed a list of contacts for natural resources project volunteer recruitment.
BUCKTHORN HOTLINE: (249-2188)
. 68 Buckthorn Hotline messages.
. Ten were calls from residents complaining about a neighbor's buckthorn.
. Two complaints about buckthorn on Maplewood city property.
. Two callers were of the opinion that our buckthorn program wasn't as good as the
program in city (one of which is using our brochure).
CITY WIDE REMOVAL EVENTS: Flicek Park, Joy Park
. Program announcements published in city news
. Program flyers sent to libraries, schools, work groups
. Press releases sent to newspapers, TV, radio
. 9 packets sent to Parks Commissioners (with flyers) to recruit buckthorn pull
volunteers for Flicek Park pull and Joy Park Pull.
. E-mails and flyers sent to Environmental Commissioners, MNC volunteers
. One commissioner (Frederika Musgrave) went door to door trying to drum up
neighborhood volunteers for our pulling event at Flicek Park. Neighborhood
residents did not volunteer.
. Joy Park public removal cancelled due to low registration. (Some buckthorn was
later removed on the open space by Century College students)
. Flicek Park buckthorn removal event - recruited 6 volunteers from North High
School NHS, Friends of Maplewood Nature and Open Space Committee.
. 23 total volunteer hours.
. 13 staff hours on day of removal.
. 2 individuals attended I buckthorn removal demonstration at Flicek Park.
NOMINATE YOUR NEIGHBORHOOD PROGRAM (NEW THIS YEAR)
Homeowners could call and register for curbside pick up of buckthorn only if they could
get at least 2 other neighbors to join thern. For previous pick ups a certain area was
pulled out and targeted, and only residents within that targeted area could receive pick up.
The targeted area was usually an area that included 3-500 homes. However, registration
was fairly low so we tried new approach in an effort to increase participation. Curbside
pick up was free. We did have increased participation, but not up to the first year where
we had over 50 households participating.
. 9 nominated neighborhoods with a total of 23 households registered. Most
neighborhoods were in South Maplewood.
. 3 town home associations, and one park pickup.
. Town home association volunteers logged over 400 hours of work removing
buckthorn from their properties.
. 3 residents wanted pickup but did not have enough neighbors to nominate.
WEED WRENCH LOANS:
. 37 Weed Wrench week-long checkouts,
. 5 weed wrench information requests sent.
CITY DROP OFF SITES:
. Londin lane fire station - probably 1-2 truckloads
. City campus @ Public works - minimal
COMMUNICATION:
. 51 emails received and responded to.
. 8 reply to problem letters sent.
. 19 participant information letters sent.
. 31 Buckthorn Management brochures requested/sent.
. 12 Native Shrub lists requested/sent
. I native herbaceous plant list sent
. 3 Composting/Disposal Flyers requested and sent.
. I Buckthorn Block Captain distributed door hangers and checked out weed
wrenches to her neighbors.
. 5 Neighborhood property checks.
. Sent participant addresses to Jan Hayman for inclusion in Landscape Seminar
information mailings.
TOTAL BUCKTHORN REMOVED:
Public works picked up a total of 360 yards of buckthorn (24 truckloads, 15 cu yd each)
Recommendations for 2008 Buckthorn Program
I would recommend a pulling event at Vista Hills Park for 2008. We have had 3 requests
to take care ofthe buckthorn there since 2005, 2 of them were this year. One resident
offered to act as a leader in the effort (Dave Arnold). The buckthorn that has sprouted
there, since Craig removed, is now pencil sized to I inch in diameter. Some residents
adjacent have removed park buckthorn behind their own properties. I think it will be
easier to get volunteers for an event in this neighborhood.
Another idea is to have a Buckthorn Busters Week, where residents can register to
remove at their neighborhood city property. We could require a minimum number of
volunteers, training and liability releases. No use of chainsaws by residents!
If we target a neighborhood for 2008, it should be in south Maplewood. People south of
the Nature Center are historically much more willing to remove from their properties.
I would not submit any buckthorn articles before April. Last year's early "Nominate
Your Neighborhood" article in February just caused confusion ie: Jane Greco from
Crestview Forest Town Homes cutting and wanting pick-up in March! April. She
understands the program now.
I recommend offering outreach/training programs to Maplewood Town Home
Associations and city employees to help promote effective removal methods.
ENVIRONMENTAL COMMISSION REPORT
MAPLWEOOD NATURE CENTER
December 5,2007
October -November Public Program Attendance:
Special Events:
1. Friday, October 26 Full Moon Halloween Hike................................................70
Fifty Four girl scouts and 16 adult leaders attended the nature center prograrn. Girls learned about
nocturnal animals, hiked the trails, and enjoyed a healthy snack. Several Volunteers helped with the
events.
2. Saturday, Nov. l7 Wildlife Badge:.................................................................80
Nearly 60 girls and 20 adult chaperones and leaders attended this program that taught the girls about
wildlife in Minnesota. A morning and afternoon session were held. Several volunteers helped with both
events.
Family programs:
1. Friday, November 9 New Moon hike............................................ .....10
(6 adults, 4 kids)
2. Saturday, October 20 "Exploring Nature and Take Care of the Earth ................22
(12 kids and 1 0 adults)
This ECFE program was just established this year in partnership with 622 community Education Early
Childhood and Family Education program. ECFE provides one teacher for the kids, and the naturalists
works with the adults on "green" ways to raise children. We will be offering this program one Saturday
per month thru April 2008.
Adult Seminars:
1. Thursdays, Sept 6 -Nov. 15 Master Naturalist Class.................................19
Staff have been extremely busy preparing for and teaching the Thursday evening Master Naturalists
program. This includes two Saturday field trips. We co-teach with Ramsey county and Mississippi River
Recreation area staff. Master Naturalists are required to perform 40 hours of volunteer service in order to
graduate. Several students are working on "capstone projects" that will benefit the nature center. A grant
from SCC cable will allow us to film their "Capstone project" presentations on Thursday.
See the 2007 Buckthorn Removal Summary by Carole Gernes
Several large kindergarten groups attended the nature center this November.
MAPLEWOOD WETLAND ORDINANCE
DRAFT 11-20-07
(Changes to the city's current wetland ordinance are underlined if added and stricken if deleted.)
1. Findings and purposes.
The findings and JlHrJleses ofthis section are as follows:
a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality Qy
filtering pollutants, reduce flooding and erosion, Thev provide food and habitat for
wildlife, provide open space for human interaction 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 ofthe city's hydrologic systern. 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 and streams perform and to
maintaining a wetland or stream'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 stefffiwater; and filtering suspended solids,
nutrients, pollutants, and harmful substances.
ill Moderating water level fluctuations during storms.
ill BHffem alse JlErovide 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 ability 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 healthy aquatic life.)
ill Fiflally, bHffom rReduce the adverse impacts of human activities on wetlands and
streams.
I
E4JThe purposes ofthis section are to:
a. Preserve wetlands and streams in a natural state.
ab. Preserve the beneficial functions of wetlands and streams by regulating the surrounding
land use.
9C. Stabilize the soil around wetlands and streams to prevent sternr::ater erosion.
6Q. Enhance and preserve water qualitv bv F[1lterirrg suspended solids, nutrients and harmful
substances before they ffem reachffig wetlands, streams and public waters.
4~. Reduce human disturbances of wetlands and streams BY visHally seJlaratiRb wetlaflds
[rem 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 and streams to be
responsible stewards including managing and enhancing the quality of buffers and
restoring the buffer to a diverse planting of deep-rooted native plants.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them iR this sHBseetieR, 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, diseharbiRb JlellHtants eJweJlt sternr::ater, paving, construction,
application of gravel, discharging pollutants except stormwater 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 low impact activities.
b. Planting that enflaflees native vegetation.
c. The selective clearing, pruning or control oftrees or vegetation that are dead, diseased,
noxious weeffi or hazardous.
A'.'smge s:rffcr widt-h meaflS the &':erage width ef a BHffer withiR a siRble develeJlmeRt, let er
phase,
2
Best manazement vractices (EMP's) mean measures taken to minimize negative effects of
stormwater runoff 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 er wetlafld 13Hf'for er 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.
Erosion means the movement of soil or rock fragments, or the wearing away of the land surface
bv water, wind, ice, and gravitv.
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 Me g, 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 oxvgen,
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.
Rain zarden means an infiltration basin that is planted as a garden and allows water to infiltrate
within 48 hours of a storm event.
3
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 Systern.
Semi/Jublic means land that is maintained by a private organization for public use.
Setback means the minimal horizontal distance between a structure and the nearest edge of the
buffer, wetland, or stream.
Straight-edge setback is a means of determining the allowable setback of an addition to an
existing house, garage, deck, or drivewav which is located closer to or within the required buffer
setback as specified in item 6.e. (minimum buffers). Straight-edge setback additions are
measured by using the existing edge of the house, garage, deck, or driveway located nearest to
the edge of a buffer, wetland, or stream, and extending that line in a parallel direction. No
portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the
existing.
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 lafld that is i1l direet drai1lage te a stream afld '.vithi1l the selol1ldary deserised
sy this artiele. /\ Jleme1l shall measHre all sHffem [rem the erdi1lary high '.':ater mark (OHWM)
as ide1ltified i1l the field. If a Jlerse1l eafl1let determi1le the OHWM, the stream sHff-cr shall se
[rem the teJl efthe stream Saflk.
Structure means anything constructed or erected that requires location on the ground or attached
to something having location on the ground.
Sustainable desizn means a development that is designed to protect and/or restore the natural
environment of the land on which it is developed.
Tem/Jorarv erosion control is a method of keeping soil in its original location during construction or
grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion
control blankets, bale slope barriers, or other best management erosion control methods approved
by the city.
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 quality /Jond 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 may also enter through
sheet runoff.
Water quality /Jond edze means the normal high water level for a utility pond.
4
Wetland !3v:ffir meaflS lafld that is i1l direet drai1lage te a '.yetlafld ',yithi1l the B8lol1ldary deseriBed
BY this seetie1l. /\ll BHffers shall Be measHred eHtv:ard frem the '.yetlafld edge.
Weed means a plant which is causing damage in some wav to native vegetation or ecosvstems.
Wetland classes. The city defines the wetland classes used in this section as follows:
(a) Class! wetlands meaflS v:etlaflds assig1led the HfliqHeleHtstafldi1lg rati1lg i1l the Ramaey
Viashi1lgte1l Metre Watershed Distriet Wetlaflds Ill'-'e1ltery, 1995. Class I 'Netlaflds are
these v:ith ee1lditie1ls afld fHfletie1ls meat sHseeJltiBle te hHman iffiJlaets, are mest HfliqHe,
have the highest eemnlH1lity reseHree sigtlifieaflee afld similar eharaeteriaties.
(B) Class 2 wetlands meafl high yalHe (defi1litie1l Baaed e1l Watemhed wetlaflds illye1ltery
resHks ).
(e) Class 3 wetlands meafl '::ildlife haBitat yalHe.
(d) Class 1wetlal'!ds meafl mederate '-'aIHe impaets.
(e) Class 5 wetlands meaflS v:etlaflds assig1led the highly imJlac-ted rati1lg i1l the Ramsey
Washi1lgte1l Metre Watershed Distriet Wetlaflds Ill'-'e1ltery, 1995. Class 5 'Netlaflds are
these v:ith ee1lditie1ls afld fHfletie1ls meat affeeted BY lmmafl acti'/ities, with the least
diverse yegetatie1l eemmH1lities, least eemmHflity reseHree sig1lifieaflce afld similar
eharaeteristies.
fer the JlHfJleses enhis sectie1l, the LT. S. fish afld Wildlife Serviee's Classifieatie1l ef Wetlaflds
afld Deepwater HaBitats enhe U1lited States, fWS lOBS 79131 (Ce'Nardi1l et ai, 1979) ee1ltai1ls
the deseriJltie1ls and Jlhetegrilflhs efv:etlafld elasses afld sooelasses.
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 svstem plus wetlands that follow unique and special tvpes of
wetlands in Maplewood:
D 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 systern. All streams in the City of Maplewood are also defined as
Class A. These wetlands and streams are exceptional and the highest-functioning
5
wetlands in Maplewood. These wetlands and streams 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 systern. 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.
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 IJrairie 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 dated JanHary 10, 19&9, and jeilltly pHbliohed by the U.S. E1l'iirenmelltal Preteetioll
/\gelley, the u.s. Fish and Wildlife Serviee, the u.s. /\rmy CefJls ef Ellgilleers afld the u.s. Seil
Cellseriatiell Serviee. 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
320.1(b )(2)(1988).
Wetlands means those areas ef the 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 !.JlriI21, 1995 add date of adoption of new ordinance.
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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.
4. General exemptions. This section shall not apply to the following:
a. The e8flGtruetiefl er maiRteflaflee ef rfublic or semi-public draiflage faeilities,
sedimeRtatiefl peflds, er eresiefl eeRtrel faeilities streets, utilities, and trails.
B. The maiRteflaflee efJloolie er semiJlHBlie faeilities iflelHdiflg streets, Htilities afld trails.
e. Where the eity eeHfleil ':iaives these reqHiremeflts for the eeflstruetiefl ef Jloolie afld semi
Jloolie Htilities er trails, ','<"hether BHik BY a JlHBlie agefley er Jlrivate develeJler, tIhe city
eeHf1eil 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 eeHfleil
shall held a Jloolie heariflg Before deelariflg sHeh a ':iaiver. The eity shall fletify the
preperty e'Nflem 'Nithifl 350 iQQ feet efthe BHffor at least tefl days Before the heariflg. In
waiving these requirements, the city eeHflGil shall follow the following standards~ in
sHBseetiefl (e) efthis seotiefl.
(l) 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 planning commission and the environmental
and natural resources commission shall make a recommendation to the
city council. The planning commission shall hold a public hearing for the
waiver. The city staff shall notify the property owners within five hundred
(500) feet ofthe buffer at least ten davs before the hearing.
(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
7
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 (IS) feet wide.
(g} Mitigation actions must be met as specified in item 8 below (mitigation
and restoration of buffers ).
(2) The city may allow public or semi-public Jlrivate trails in buffers. Trails must be
approved by staff and are subject to the following guidelines:
U!2 Trails shall not be installed when endangered or threatened species are
found to be present in the buffer.
(b) The trail shall net be constructed of impervious materials. /\n ele'iated
beard'Nalk shallllet be eOllsidered all i1llj3ervieHs sHffaee.
(c) Buffers shall be expanded, where Jlessible, 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. after eompletillg the trail.
~ 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
by trail construction activities.
ill Trail must be constructed with sustainable design methods.
(g} Trail may provide one access point to the wetland but should be no more
than four four (4) feet wide.
(h) Boardwalks are 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.
ill Trails or boardwalks shall not be constructed entirelv around the wetland.
ill Mitigation actions must be met as specified in item 8 below (mitigation
and restoration of buffers ).
9, StruetHres, vegetatiell alld maiBtellallee ackiities alld Jlraetiees ill eKistellee ell the
effceti'ie date efthe erdillallee frem 'Nhieh this seetioll deri'ies. !. eeBtraetor er e'Nller
may remedel, feeellstruet er reJllace affeeted struetHres ifthe lle?i eellstruetiell dees llet
talce HJl mere bHffer lalld thall the struetHfe Hsed before the remedelillg, reeellstruetiell er
replaeemeBt.
8
e, Where this seetiefl weHld deITY all reasefla13le Hse ef a let ef reeerd. Ifl sHeh ease, the
e'c:fler er eemracter shall eeflstruet _y lmildiflg te ma)[imize the setsaek [rem a sHffer.
Federal, Dtate er watershed distriot rules afld regHlatieflG shall apply. fJteratiefls te a
sHf'fer shall se the miflimHm fleeessary te allwc: for the reaseflasle Hse efthe JlreJlerty.
Where feasisle, the eity may reqHire the mitigatiefl ef aflY alteratiefl ef a sHffer.
fC. Additions to a house, garage, deck, drivewav using the existing straight-edge setbacks to
a wetland if the following apply:
ill Propertv is zoned or currentlv being used as single familv residential.
ill There is no other reasonable alternative than encroachment toward the wetland
with the addition.
ill The house, garage, deck or driveway is a minimum of twenty-five (25) feet from
the wetland edge.
ill Addition does not cause degradation ofthe wetland, stream, or the existing buffer.
ill Mitigation actions must be met as specified in item 8 below (mitigation and
restoration of buffers).
d. Non-chemical control and removal of noxious weeds within the buffer. Removal plan to
be approved by staff.
e. Planting native plants within the wetland buffer; planting plan to be approved by staff.
[. Removal oftrees, 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 planning commission eity eeHfleil shall hold a public hearing for the
variance. sefore apJlre':iflg a variaflee. The city staff shall notify the property owners
within five hundred 500 ~ feet of the buffer at least ten days before the hearing.
c. The city may require the applicant to mitigate any buffer akeratiefl with the approval of a
variance, including but not limited to, implementing one or more of the strategies as
listed in item f. d.. (alternative average buffer).
&c Te appre':e a '.'ariafloe, the oeHfloil mHst make the folle'Niflg fifldiflgs:
B Striet emofcemeflt weHld eaHse HfldHe hardshiJl seeaHse ef eireHffistaflees HfliqHe
te the preperty Hflder oeflsideratiefl. The term "HfldHe hardship" as Hsed ifl
grafltiflg a ':ariaflee meaflS the e?:fler efthe JlreJlerty ifl qHestiefl eaflflet JlHt it te a
reasefla13le Hse ifHsed Hflder eeflditiefls allw::ed sy the effieial eefltrels; the Jllight
9
efthe lafldwl:fler is ooe te eirGHffiGtaflees HfliqHe te his JlreJlerty, flet ereated BY
the laflde':if1er; afld the variaflee, if graf1ted, '.,<,ill flet alter the essefltial eharaeter ef
the 10Gality. EGeflomiG Geflsideratiefls alefle are flet afl HfldHe hardship if
reaGeflaBle HGe for the JlfGJlerty e)[ists Hflder the terms efthiG seetiefl.
;!j The ':ariaflGe 'NeHld Be ifl keepiflg with the spirit afld iRteflt efthis seGtiefl.
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:
ill All stormwater must be treated to the following water quality standards prior to
discharge to a Class A+, Class A Class B and Class C wetlands: 90% sediment
removal and 60% phosphorus removal.
ill Stormwater must not infiltrate into a wetland at a rate greater than one (l) inch.
ill Stormwater must be treated before being discharged into a wetland.
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. Minimum buffers. The following are the minimum required buffer widths and structure
BHildiflg fOHfldatiofl setbacks:
Buffer
Wetland Classes
Class A;! Utilitv
Class A +-+ & Streams Class Eo?- Class C-4- Class 5
-l-OO-ft. -lOO ft. ~ ~. (f.4
200-lOO ft. I OO~ ft. 75~ ft. 50'W--ft. 10Q ft.
*
/\ verage BHffer ,::idth-
Minimum Buffer Width
BHildiflg YeHfldatiefl
Structure Setback From
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Outer Edge of Buffer
10
[. Alternative average buffers. Recognizing that there are instances where, because of the
unique physical characteristics of a specific parcel of land, alternative buffers may be
necessary to allow for the reasonable use of the land.
Q) The alternative average buffer standards set forth below may be applied based on
an assessment ofthe following:
U!2 Undue hardship would arise from not allowing the alternative, or would
otherwise not be in the public interest.
(Q} Size of parcel.
(0 Configuration of existing roads and utilities.
(4} Percentage of parcel covered by wetland.
(~ Configuration of wetlands on the parcel.
<D Will not cause degradation ofthe wetland or stream.
(g} Will ensure the protection or enhancement of portions of the buffer which
are found to be the most ecologicallv beneficial to the wetland or strearn.
ill The following are the alternative average buffer widths and structure bHildillg
fOHfldatiell setbacks:
Buffer
Wetland Classes
Class A
& Streams
Class B
Minimum Buffer Width
75 ft.
50 ft.
Alternative Avg. Buffer Width*
100 ft.
75 ft.
Structure Setback From
10 ft.
10 ft.
Outer Edge of Buffer
*No more than 10 percent of the wetland buffer area mav be used for averaging.
ill The appropriateness of using the alternative average buffers will be evaluated as
part ofthe review ofthe contractor or owner's development application. The
alternative average buffer used must be within the spirit and intent ofthis code
and must meet requirements set forth by the city to include, but are not limited to,
the following strategies:
U!2 Restoration of buffer to native plantings. Submittal of a buffer restoration
plan drafted bv a professional experienced in wetland restoration
including:
II
L Existing vegetation.
2. Restoration methods.
3. Maintenance procedures proposed during first three years of
establishment.
4. Erosion control measures.
.i. List of plants to be planted.
6. Oualifications of contractor. Only contractors with experience and
success restoring wetland buffers or natural vegetation shall be
approved.
7. Maintenance agreement which states that the owner will maintain
the buffer to its improved state.
lL Cash escrow or letter of credit to cover 150 percent of the required
work.
QD Manage 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 management plan drafted bv a
professional experienced in wetland restoration including:
L Target weeds.
2. Appropriate management techniques.
;1 Management schedule.
4. Potential erosion and reseeding if management will create large
areas of dead vegetation.
5. Cash escrow or letter of credit to cover 150 percent of the required
work.
W Reduction in stormwater runoff and/or improvement of quality of
stormwater runoff entering wetland or strearn. This mav be achieved
through the following strategies or other staff approved best management
practices for dealing with stormwater. These practices to be located
outside of the wetland buffer.
I. Reduce amount of pavement on site (i.e. fewer parking stalls,
narrower drivewavs, shared parking with other businesses ).
2. Use pervious pavement such as pavers or porous asphalt.
12
3. Use turf pavers or modified turf areas for overflow parking.
4. Install rain garden or infiltration basin.
5. Install rock trench or rock pit.
6. Install filter strip of grass or native vegetation.
7. Install surface sand filter or underground filter.
8. Install native plantings on site to reduce fertilizer use and improve
infiltration.
9. Install green roof on building.
10. Install grit 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 grading or building permit
including, but not limited to, the following:
ill Grading.
ill Sequencing.
ill Vehicle tracking platforms.
ill Additional silt fences.
ill Additional sediment control.
h. Buffer measurement. Buffers shall be measured horizontally from wetland edge, not
across the buffer landscape. On slopes greater than 18% the buffer width shall be
increased to 10 feet bevond the apex ofthe slope. Extension of the buffer for steep slopes
shall apply 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.
1. The city does not allow the construction of stormwater drainage facilities, sedimentation
ponds, infiltration basins, and rain water gardens within the buffer, except as allowed in
general exceptions.
J. The minimum buffer widths shall apply to all wetlands, including those created, restored,
relocated, replaced or enhanced.
k. Buffer shall remain in natural state with naturalized or native vegetation.
I. Where the watershed district has approved a wetland filling permit. The city shall require
mitigation for any disturbed buffer land.
13
m.. Landowners interested in restoring their buffer to native plants should submit a
restoration plan as specified in item 6.f.3. a. (restoration of buffer to native plantings) to
city staff for approval.
7. Fefleiflg 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.
b. Before grading or startiflg 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 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. All erosion control measures must be maintained and inspected to ensure compliance and
protection of wetlands, streams, and buffers. The contractor or owner shall be
responsible for all erosion/sedimentation breaches within the buffer and shall restore
impacted areas to conditions present prior to grading or construction activities.
d. When platting or subdividing property, the plat or subdivision must show the wetland
boundaries as approved by the watershed district.
~ After completion of grading or construction the contractor or owner mav remove the
erosion control measures only after inspection and approval by the city and watershed
district to ensure the areas affected have been established per requirements.
f. It is the responsibility ofthe owner to alleviate any erosion occurring after completion of
grading or construction, inspection by the city and watershed district, and removal of
erosion control measures.
8. Mitigation and restoration of buffers. The city requires mitigation when a property owner or
contractor has altered 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
follewillg actions below ifl deseefldiflg erder ef Jlrefereflee.
a. Reducing or avoiding the impact by limiting the degree or amount ofthe action, such as
by using appropriate technology.
b. Rectifying the impact by repairing, rehabilitating or restoring the '::eedlafld 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 tWOefle-to-one ratio.
e. Monitoring the impact and taking appropriate corrective measures.
14
f. Where the city requires restoration or replacement, the owner or contractor shall replant
the buffer with native vegetation. at-a similar deRsity te the atf1eHRt Before akeratieR 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 strategies as listed in item f.3. (alternative average buffer)
9. Wetland buffer mitigation suretv required. The applicant shall post a wetland buffer mitigation
surety with the city, such as a cash deposit or letter of credit, of one hundred and fifty (150)
percent of estimated cost for mitigation. Funds will be held by the city until successful
completion of restoration. Wetland buffer mitigation suretv does not include other sureties
required pursuant to any other provision of city code or city directive.
ill Enforcement. The citv reserves the right to inspect the site at anv time for compliance with this
ordinance.
lL The citv shall be responsible for the enforcement ofthis ordinance. Anv person who fails to
comply with or violates any section ofthis ordinance shall be deemed guilty of a misdemeanor
and, upon conviction, shall be subiect to punishment in accordance with section 1-15. All land
use building and grading permits shall be suspended until the developer has corrected the
violation. Each day that a separate violation exists shall constitute a separate offense.
15