Loading...
1g. City Code Amendments-Wetland Protection CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.2271170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Jj MEMORANDUM TO: Todd Gerhardt, City Manager Lori Haak, Water Resources coordinator~. May 14, 2007 ~~ FROM: DATE: SUBJ: Amendments to City Code Regarding Chapter 1 and Chapter 20, Article VI, Wetland Protection REQUESTED ACTION Staff recommends the City Council adopt a motion adopting ordinances amending Chapters 1 and 20 of the City Code to bring the code into compliance with the City's Second Generation Surface Water Management Plan. Staff also recommends the City Council adopt a motion approving summary ordinances for Chapters 1 and 20 for publication purposes. A simple majority vote of City Council members present is required to adopt the amendments; however, a 4/5ths majority vote of the City Council is required for approval of the summary ordinances for publication purposes. EXECUTIVE SUMMARY The Planning Commission held a public hearing on December 5, 2006 to review the draft code revisions and ordinances and to receive public comment. At that meeting, the Planning Commission voted 7 to 0 to recommend adoption of ordinances amending Chapters 1,7,13, 18, 19 and 20 of the City Code to bring the code into compliance with the City's Second Generation Surface Water Management Plan. The City Council approved ordinances amending Chapters 1, 7, 13, 18, 19 and 20 on February 12,2007. Two items were retained for further discussion at City Council work sessions: the definition of "impervious surface" (Chapter 1); and the revised wetland ordinance (Chapter 20 with related definitions in Chapter 1). The Council considered additional information on the revised wetland ordinance and has requested staff bring the item back to full council for discussion and a decision. The discussion of the "impervious surface" definition continues at City Council work sessions (currently scheduled for May 29, 2007). The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt May 14, 2007 Page 2 of 3 CHAPTER 20. ARTICLE VI. WETLAND PROTECTION Sections 20-401 through 20-418 (Chapter 20, Article VI, Wetland Protection) are repealed entirely. This allows staff to restructure the wetland protection portion of the code. New Sections 20-401 through 20-421 are adopted in their place. The primary revisions within Article VI are: . Adopting a City Wetland Inventory map that includes the new wetland classifications: Outstanding, Preserve, Manage 1, Manage 2 and Manage 3; . Outlining the requirements for wetland delineations; . Explaining the process for classifying wetlands and appealing existing classifications; . Setting new wetland buffer requirements (eliminating average widths), and revising wetland setbacks; . Allowing accessory structures within the last 50% of the principal structure setback; . Outlining additional protections for wetland buffer strips, including requiring them to be located on the Registered Land Survey and requiring drainage and utility easements over wetlands and buffer strips; and . Adding a requirement for Administrative Wetland Permits for wetland . management activities (vegetation management). This will be similar to the Zoning Permit process currently administered by the Planning Division. Wetland Buffer Widths At the work session on April 23, 2007, City Council discussed wetland buffer widths and wetland buffer setbacks for each wetland classification. Below is a table that outlines this information. The majority of the Council agreed that the buffer and setback requirements for Manage 1, Manage 2 and Manage 3 wetlands should be reduced from staff's recommendation as follows: Principal Structure Accessory Structure Permanent Buffer Percent of Buffer Wetland Setback from Setback from Buffer Strip Minimum Strip in Native Classification Buffer Edge (feet) Edge (feet) Width (feet) Vegetation Outstanding 50 50 50 100% Preserve 40 20 40 100% Manage 1 4Q30 ;u) 15 JG25 100% Manage 2 4Q30 ;u) 15 ~20 Over 50% Manage 3 4Q30 ;u) 15 ;u) 16.5 Over 50% Because the City must remain in compliance with existing regulations that exist at the watershed district level, buffer widths should not be less than 16.5 feet for any wetland. This is the current minimum wetland buffer required by the Minnehaha Creek Watershed District. Todd Gerhardt May 14, 2007 Page 3 of 3 RECOMMENDED ACTION Staff recommends that the City Council adopt the following motions: "The City Council adopts ordinances amending Chapters 1 and 20 of the City Code to bring the code into compliance with the City's Second Generation Surface Water Management Plan." and "The City Council approves the summary ordinances for Chapters 1 and 20 for publication purposes." ATTACHMENTS 1. Summary Ordinances for Chapters 1 and 20. 2. Ordinances amending Chapters 1 and 20. 3. Revisions for language for Chapters 1 and 20. G:\ENG\Lori\Surface Water\2006 SWMP Update\Code Updates\CC 051407\051407 CC Memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO._, AN ORDINANCE AMENDING CHAPTER 1 OF THE CHANHASSEN CITY CODE GENERAL PROVISIONS. The purpose ofthis code amendment is to revise and update Section 1-2 of the City of Chanhassen including: . Adding definitions that appear in the Second Generation Surface Water Management Plan, including: Administrative Wetland Permit; City Wetland Inventory; Manage 1 Wetlands; Manage 2 Wetlands; Manage 3 Wetlands; Minnesota Routine Assessment Method; Outstanding Wetlands; Preserve Wetlands; WCA Agent; Wetland Conservation Act; Wetland Alteration; and Wetland Management Activity. . Removing terms that are no longer used or referenced in the Second Generation Surface Water Management Plan, including: AglUrban wetlands; Natural wetlands; Pristine wetlands; Utilized water body; Water body, utilized; Wetlands, ag/urban; Wetlands, natural; and Wetlands, pristine. A printed copy of Ordinance No. _ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this _ day of 2007, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on ). CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. _, AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE ZONING. The purpose of this code amendment is to revise and update the zoning code of the City of Chanhassen including: . Restructuring the wetland protection article . Establishing a City Wetland Inventory . Establishing five management categories for wetlands . Allowing wetland buffer dedication in exchange for decreased accessory structure setbacks from wetlands . Implementing requirements for wetland delineations and their submittals . Defining the procedures for conducting function and value assessments for unclassified wetlands . Outlining information that must be submitted with a wetland alteration permit application . Setting forth standards for issuance of a wetland alteration permit . Revising the required wetland buffer strips and setbacks for lots created after the codification of this ordinance . Requiring wetland buffer strips and setbacks to be shown on lot surveys . Outlining requirements for wetland buffer strips . Establishing an administrative wetland permit for wetland management activities A printed copy of Ordinance No. _ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this _ day of 2007, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE, GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The following terms within Section 1-2 of the City Code, City of Chanhassen, Minnesota and their definitions, are hereby repealed: AglUrban wetlands. Natural wetlands. Pristine wetlands. Utilized water body. Water body, utilized. Wetlands, ag/urban. Wetlands, natural. Wetlands, pristine. Section 2. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended to include the following terms and their definitions: Administrative Wetland Permit means authorization to perform an activity that is classified as a Wetland Management Activity. Securing an Administrative Wetland Permit does not exempt the permittee from obtaining any and all other necessary permits (e.g., United States Army Corps of Engineers, Minnesota Pollution Control Agency). (20) City Wetland Inventory means the official City Wetland Inventory Map depicting the approximate location and extent of wetlands within Chanhassen. A copy of this map shall be maintained on the City's GIS database, with both hard and electronic copies being made available for public review upon request. (20) Manage 1 wetlands means high-quality wetlands that should be protected from development and other pressures of increased use, including indirect effects of development. Maintaining natural buffers will help to retain the significant function these wetlands provide. In the event that 1 impacts to these wetlands cannot be avoided, replacement ratios for mitigation should exceed the state-required minimums. (20) Manage 2 wetlands means wetlands that provide medium functional levels and the wetland extent should be maintained. These wetlands often provide optimal restoration opportunity. (20) Manage 3 wetlands means wetlands that have been substantially disturbed and have the lowest functions and values. (20) Minnesota Routine Assessment Method (or MnRAM) means Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. (20) Outstanding wetlands means wetlands that are classified as Outstanding Resource Value Waters by the State of Minnesota. (20) Preserve wetlands means exceptional and highest-functioning wetlands, or those sensitive wetlands receiving conveyed stormwater runoff that have yet retained a medium level of vegetative diversitylintegrity. These wetlands are those that should be preserved in (or improved to) their most pristine or highest functional capacity with wide, natural buffers, in perpetuity. (20) WCA agent means the city staff member responsible for the administration of the Minnesota Wetland Conservation Act. (20) Wetland Conservation Act (or WCA) means the Wetland Conservation Act of 1991, as amended (M.S. S 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (20) Wetland alteration means draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland. (20) Wetland management activity means planting seed or live plant material, burning, chemically treating, removing topsoil or utilizing other means for the sole purpose of managing native plant communities and/or eradicating invasive, nonnative vegetation. (20) Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _, 200_, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Sections 20-401 through 20-418 of the City Code, City of Chanhassen, Minnesota, are hereby repealed. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding sections to be numbered 20-401 through 20-421, which shall read as follows: ARTICLE VI. WETLAND PROTECTION. Sec. 20-401. Findings intent; rules adopted by reference. (a). Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this ordinance to establish a policy of sound stewardship through coordination of regulations that conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. (b). The intent of this ordinance is to avoid alteration and destruction of wetlands. When this is not feasible, mitigation must be provided to recreate the function and value of the lost or altered wetlands. (c). This ordinance is adopted in part to implement the Wetland Conservation Act of 1991, as amended (M.S. ~ 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (d). This ordinance incorporates by reference the act and the rules. Terms used in this ordinance which are defined in the act or the rules have the meanings given there. Sec. 20-402. Purpose. The purpose of this ordinance is to assure the general health, safety, and welfare of the residents through preservation and conservation of wetlands and sound management of development by: 1 (1). Conducting an inventory and classification of all wetlands within the city and maintaining a comprehensive set of official city maps depicting the approximate location and extent of wetlands. (2). Establishing wetland regulations that are coordinated with water quantity and water quality goals and policies of the Chanhassen Surface Water Management Plan. (3). Requiring sound management practices that will protect, conserve, maintain, enhance and improve the functions and values of wetlands within the community. (4). Requiring measures designed to maintain and improve water quality in streams and lakes. (5). Protecting and enhancing the scenic value of wetlands. (6). Restricting, controlling and mitigating the harmful effects of development on wetlands. (7). Allowing only development that is planned to be compatible with wetland protection and enhancement. (8). Providing standards for the alteration of wetlands when alteration is allowed. (9). Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization. (10). Obtaining protective easements over or acquiring fee title to wetlands as appropriate. Sec. 20-403. No net loss. (a). To achieve no net loss of wetland, except as provided under sections 20-417 and 20-418 of this ordinance or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, excavate, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. (b). Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located. (c). All activities within the City shall comply with the Wetland Conservation Act of 1991, as amended (M.S. g 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). Where the requirements of City Code differ from those requirements, the more restrictive shall apply. Sec. 20-404. Official wetland map. (a). The City shall maintain the official City Wetland Inventory, which is hereby adopted by reference. An electronic copy of this map shall be maintained on the City's Geographic 2 Information System (GIS) database, with both hard and electronic copies being made available for public review upon request. (b). The City Wetland Inventory shall identify each basin as one of four management categories: Preserve, Manage 1, Manage 2, and Manage 3. These classifications will be determined using Figure 1.1 "Wetland Management Classification Process Flowchart for Basic Wetland Protection" from Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. (c). The presence or absence of a wetland on the City Wetland Inventory does not represent a definitive determination as to whether a jurisdictional wetland that would be covered by this ordinance is present. Wetlands identified during a site-specific delineation, but not identified by the City Wetland Inventory, are still subject to the provisions of this ordinance. (d). The City Wetland Inventory does not depict delineated wetland boundaries and shall not be used as such. (e). The City Wetland Inventory shall be amended to include any wetlands discovered during the site review process. Sec. 20-405. WetIand delineation. (a). It is the responsibility of the project applicant to determine whether a wetland exists on a subject property. It is the responsibility of the applicant to complete a wetland delineation and submit sufficient documentation of the wetland boundary to the city in a Wetland Delineation Report. Wetland delineations shall be completed by, or under the direct supervision of, a Certified Wetland Delineator. Three (3) hard copies of the Wetland Delineation Report must be submitted to the city's WCA agent. Additionally, an electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city's GIS database. Wetland delineations shall be valid for three years. Wetland delineations completed more than three (3) years prior may be confirmed and/or updated by a qualified wetland professional through a site visit and submittal of a summary of the findings, a copy of the old delineation and a map depicting both the original and revised wetland boundaries, where applicable. (b). Wetland delineations do not need to be completed for properties adjacent to a proposed development that is under separate ownership. However, sufficient information must be presented to demonstrate that any proposed activities shall not directly or indirectly impact adjacent basins. The applicant shall review readily available information including, but not limited to, the City Wetland Inventory, National Wetland Inventory maps, topographic maps, soil survey maps, and recent and historic aerial photographs in preparing this assessment. Sec. 20-406. WetIand classification. (a). All wetlands delineated under section 20-405 of this ordinance that have not been previously classified shall be classified using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. 3 (b). A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland. An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland. (c). MnRAM 3.0 assessments have been completed by the City as a component of the City Wetland Inventory. Applicants; however, may appeal the determination, and submit a request to change the classification. To do so, the applicant must submit an electronic copy of the MnRAM for each affected basin to the WCA agent. The forms must be filled out by a qualified wetland scientist. The WCA agent will consult with the technical evaluation panel to determine if a change in the classification is warranted. In all cases, the burden to demonstrate the need for a change in classification lies with the applicant. Sec. 20-407. Permit required. No person shall drain, excavate in the permanent or semipermanent flooded areas of open water wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20-417 of this chapter requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (a). Construction of new streets and utilities. (b). Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. (c). Installation of boardwalks and docks. Docks shall meet the additional requirements in Chapter 6, Article II of the Chanhassen City Code. (d). Discharge of untreated stormwater runoff into wetlands. (e). Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches. Sec. 20-408. Exemptions from earth work permit requirements. Earth work completed in accordance with an approved wetland alteration permit is exempt from the requirement to obtain a separate earth work permit. Sec. 20-409. Permit application requirements and decisions. (a). A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or 4 activity complies with the purposes, intent and other provisions of this ordinance. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this ordinance. Such conditions may, among other matters, limit the size, kind or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland functions and values; establish required monitoring procedures and maintenance activities; stage the work over time; require the alteration of the site design to ensure buffering; and/or require the provision of a performance security. (b). Any projects seeking a wetland alteration permit subject to this ordinance will be required to submit the following: (1). A wetland alteration permit application (2). A site/grading plan of the entire property (3). Existing and proposed drainage areas to wetlands (4). A wetland delineation report in accordance with section 20-405 (5). Wetland classification information in accordance with section 20-406 for each wetland on property (6). Buffer strip plan meeting the criteria of section 20-411 (c) and (d) (7). Submittals required by the Wetland Conservation Act (8). Topographic data (9). Other information as required by the city (c). Decisions made under this ordinance that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under Minnesota Rules 8420.0250, after administration appeal rights under the official controls have been exhausted. Staff costs to the city associated with appeals shall be borne by the applicant. (d). The city council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources management. Decisions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. Unless otherwise designated, the city's representative on the technical evaluation panel shall be the WCA agent. (e). The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including but not limited to those required by watershed districts, Minnesota Department of Natural Resources, United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work. Sec. 20-410. General standards. (a). The following standards apply to all lands within and abutting a wetland: 5 (1). Septic and soil absorption system must be a setback minimum of 75 feet from the ordinary high water mark of the wetland. (2). The lowest ground floor elevation of a principal structure is three feet above the 100- year flood elevation of the wetland. (3). Access across a wetland shall be by means of a boardwalk or elevated structure and only upon approval of a wetland alteration permit. Wetland crossings must also be in conformance with all other state regulations. (4). Docks and boardwalks shall be elevated a minimum of six inches above the ordinary high water mark. Docks and boardwalks shall only be permitted to cross wetlands in instances where a wetland is riparian to a lake. (5). The erosion and sediment control goals and policies within the city's Surface Water Management Plan shall be met. (6). Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by Chanhassen City Code. (b). When a wetland alteration permit is issued allowing wetland alteration, the following standards shall be followed: (1). The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. (2). It shall be located as to minimize the impact on vegetation. (3). It shall not adversely change water flow. (4). The size of the altered area shall be limited to the minimum required for the proposed action. (5). The disposal of any excess material is prohibited within remaining wetland areas. (6). The disposal of any excess material shall include proper erosion control and nutrient retention measures. (7). Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (8). Alterations to wetland areas shall be mitigated in accordance with the requirements of this ordinance if the activity results in a loss of wetland area and/or function and value of the wetland. (9). Dedicated buffers in accordance with section 20-411. Sec. 20-411. Placement of structures. (a). For lots created on or after (date of codification), a buffer strip shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council. Buffer strip vegetation shall be established and maintained in accordance with the following requirements. If the buffer strip is disturbed, native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. A minimum of one wetland buffer monument 6 is required per lot abutting the wetland edge. The maximum spacing between monuments is 300 feet. (b). The following table provides the minimum standards required for each wetland classification. Principal Structure Accessory Structure Permanent Buffer Percent of Buffer Wetland Setback from Setback from Buffer Strip Minimum Strip in Native Classification Buffer Edge (feet) Edge (feet) Width (feet) Vegetation Outstanding 50 50 50 100% Preserve 40 20 40 100% Manage 1 30 15 25 100% Manage 2 30 15 20 Over 50% Manage 3 30 15 16.5 Over 50% I I I STRI:.&:I 31. MANAGE 3 WETLAND ILLUSTRATION PRINCIPAL STRUCTURE SETBACK t BUFFER CK). ~/W I I I I I I I HOME 15' , \ \ ACCESSORY STRUCTURE SETBACK (c). For lots created on or after (date of codification), principal structures and accessory structures shall maintain minimum setbacks from the wetland buffer as outlined in subparagraph (b) above. (d). If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before (date of codification), the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved. 7 (e). For lots of record before (date of codification), property owners may establish wetland buffer strips in compliance with subparagraph (b) above in exchange for a decreased setback for structures. A wetland buffer agreement describing the precise location and extent of the buffer strip, as well as the restrictions for activities within the buffer strip, shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the buffer strip dedication. 1. Following the recording of the wetland buffer agreement with the county recorder's office, accessory structures may be placed within the last 20 feet or 50% of the existing principal structure wetland setback, whichever is less. (f). In addition to the requirements above, wetland buffer strips for wetland mitigation areas and those counted as Public Value Credit (PVC) shall also conform to the minimum standards as set forth by the Wetland Conservation Act. (g). The locations of buffer strips and wetland setbacks shall be surveyed and included on the Certificate of Survey. A Certificate of Occupancy shall not be issued unless this task is completed and approved by City staff. (h). Retaining walls and fences may be located within wetland setbacks. Neither retaining walls and fences nor the land alteration that takes place as part of construction shall encroach into the required buffer strips. Sec. 20-412. Buffer strips required. (a). Before release of final plat, the applicant must submit to the WCA agent a drainage and utility easement for protection of the wetland and approved buffer strip. The easement must describe the boundaries of the wetland and the wetland buffer strips (b). Building structures, paving, mowing, introducing non-native vegetation, cutting, filling, dumping, disposing of yard waste, fertilizing, or tampering with the monuments within buffer strips is prohibited. (c). Additional wetland impacts shall not be allowed for the creation of buffer strips. (d). The use of meandering buffer strips to maintain a natural appearance is encouraged (e). Where roadways are constructed next to a wetland, a buffer strip shall be maintained. (f). Where acceptable natural vegetation exists in a wetland and adjacent buffer strip, the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation. A wetland and/or buffer strip has acceptable vegetation if it is dominated by native tree, shrub, or grass species, and has not been used for agricultural production in the last five years. (g). The WCA agent may deny the use of existing vegetation for the use of buffer strips if: 8 1. It is dominated by any species on the state noxious weed list as defined by Minnesota Statutes, Section 18.76-18.88. These species include species such as leafy spurge, spotted knapweed, purple loosestrife, and common and glossy buckthorn; 2. It is present on unstable slopes, has significant bare soil, displays a history of erosion problems, is prone to gully formation, or does not function for sediment and nutrient removal; 3. Any areas were used for agricultural production in the last five years; or 4. The buffer strip is disturbed or altered. (h). If an area is deemed to be unacceptable in its current state, wetland buffer landscaping plan must be submitted to the WCA agent. This plan shall include at a minimum: 1. A plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing. Existing buffer strips shall be identified and marked to prevent accidental disturbances. 2. A specification as to what seed mixture will be used, or what trees and/or shrubs will be planted and their locations. 3. A verification that all seed stock and tree species are native to Minnesota and are of local ecotypes. 4. A detailed specification that identifies the project schedule, materials, installation or seeding instructions, and costs. 5. A maintenance schedule that describes the activities that will occur for at least the first two (2) years. This should include a schedule of mowing and spot spraying for weeds if an area is seeded. Plans that call for periodic burning shall have additional details and must have special permission prior to installation. 6. A detail of all Best Management Practices (BMPs) and erosion control plans. 7. A plan identifying the locations of buffer strip markers. (i). The city may, at their discretion, require a cash escrow or letter of credit up to 110% of the cost to reestablish the buffer strip should it not be successful, not be maintained, or otherwise require city intervention to maintain the ordinance requirements. Sec. 20-413. Wetland alteration. (a). An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied or, through imposition of conditions of approval, will comply with all of the requirements of the Wetland Conservation Act. (b). A wetland alteration permit shall not be issued unless the proposed development complies with this article. (c). When a wetland alteration permit is issued allowing wetland alteration, the alteration must be consistent with the city's Surface Water Management Plan and the Wetland Conservation Act. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a portion of the wetland remains, unless exempted under section 20-417. Sec. 20-414. Wetland management activities. 9 Prior to commencement of a wetland management activity, an administrative wetland permit must be obtained for the activity in accordance with section 20-415. Sec. 20-415. Administrative wetland permit. (a). Applications for administrative wetland permits shall be made on a form supplied by the city. A fee shall be paid as set forth in Chanhassen City Code. The WCA agent shall review applications to ensure proposed activities are in compliance with the Wetland Conservation Act and the requirements of this ordinance and are consistent with approved and/or accepted wetland management practices. (b). At the time of application, a person or company making an application for an administrative wetland permit will be required to supply the following information: (1). Location of wetland; (2). Area of wetland to be managed; (3). Name, address and telephone number of the party responsible for management activity; (4). Name, address and telephone number of person or persons performing the management activity; (5). Date of management activity; (6). A list of the type of management activities to be performed at such time; (7). An explanation of the rationale for performing the management activity; (8). Information regarding the management activities being used and their effects on humans, plants and wildlife, especially non-target species; and (9). A signed consent from all property owners owning property containing or abutting wetland to be treated. (c). The following activities shall be determined exempt from the provisions listed in subpart (b) above: (1) Federal, state or local government staff or contractors during the course of conducting maintenance activities; and (2) Metropolitan Mosquito Control District during the course of conducting mosquito control activities. (d). Activities for which administrative wetland permits are approved shall not contribute to nuisances as defined in the Chanhassen City Code. (e). The WCA agent may deny the administrative wetland permit if it does not comply with subpart (d) above, is not in compliance with the Wetland Conservation Act and/or is not consistent with approved and/or accepted wetland management practices. Sec. 20-416. Mitigation. (a). Mitigation intent. Where a wetland alteration permit is approved and mitigation is required pursuant to City Code and the Wetland Conservation Act, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological 10 balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value. (b). Mitigation standards. The functions and values of mitigation wetlands shall be achieved through wetland restoration, creation and/or enhancement. The mitigation standards found in Minnesota Rules 8420.0550 shall be followed. (1). Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this ordinance. (2). Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules 8420.0541. (3). Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation may occur locally within the subwatershed. If this is not possible, then mitigation may occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on site, or if the city deems it necessary to perform mitigation off-site, then the applicant shall be responsible for providing off-site mitigation within the major subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank. (d). Construction management and long term wetland maintenance. (1). The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat. (2). The wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen. The purpose of the annual report is to describe actual wetland management, restoration or creation activities completed during the past year as well as activities planned for the upcoming year. The annual report shall include all the information required of annual monitoring reports by Minnesota Rules 8420.0620 subpart 2. The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules 8420.0610. Submission shall continue for at least five years or until the replacement wetland is deemed by the Technical Evaluation Panel (TEP) to be fully functional. Where feasible, the city shall require the wetland alteration permit holder to satisfy long-term management requirements. (e). Mitigation Surety. To ensure that the proposed wetland replacement occurs, the city shall hold either a cash escrow or letter of credit equal to 110% of the current value of wetland credits on the open market. An additional escrow account shall be established to ensure that the required monitoring occurs. The monitoring escrow shall be set at 110% of the current average monitoring expense as performed by an independent consultant. The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed. The remaining escrow amount will be returned and the letter of credit 11 terminated upon completion of the monitoring and approval by the Technical Evaluation Panel (TEP). Any interest earned by holding of a cash escrow shall be the property of the city. (f). Within the Minnehaha Creek Watershed District, 1: 1 mitigation is required for excavation within wetlands. Sec. 20-417. Exemptions and no loss determinations. (a). Activities exempted by Minnesota Rules 8420.0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this ordinance. However, certificates of exemption or no loss must be obtained from the city prior to starting work. (b). A person conducting an activity in a wetland under an exemption shall ensure that: (1). Appropriate erosion and sediment control measures are taken to prevent sediment discharges from the site; (2). The activity does not block fish activity in a watercourse; and (3). The activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices as listed in part 8420.0112, and water resource protection requirements established under M.S. Ch. 103H. Sec. 20-418. Variances. Variances from the requirements of this ordinance may be granted in accordance with the variance provisions of Article II, Division 3 of this chapter so long as the variances do not violate the Wetland Conservation Act and rules adopted under the Act. Sec. 20-419. Expiration and renewal of permit. (a). Unless otherwise specified by the city council, the permittee shall begin and complete the development authorized by the wetland alteration permit within one year after the date the council approves the permit application. (b). The permittee shall provide written notice to the city 24 hours prior to the commencement and completion of the permitted project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion. (c). If the permittee fails to commence work within the time specified in this section, the permit shall be void. The permittee may make a written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension. If the council does not extend the permit, the holder of the void permit may apply for a new permit. Sec. 20-420. Inspection of work. The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. 12 Sec. 20-421. Enforcement procedures. (a). Violation of this article, wetland protection, or of the terms of a permit issued thereunder shall be a misdemeanor. (b). Any person who alters a wetland in violation of this article shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee. The city council may require the violator to restore the wetland or take other mitigative measures. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _, 200_, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) 13 CHAPTER 1, GENERAL PROVISIONS. Sec. 1-2. Rules of construction and definitions. Administrative Wetland Permit means authorization to perform an activity that is classified as a Wetland Management Activity. Securing an Administrative Wetland Permit does not exempt the permittee from obtaining any and all other necessary permits (e.g., United States Army Corps of Engineers, Minnesota Pollution Control Agency). (20) .1g/Urban wetlands see Wetlands, ag/urban. Best Management Practices (BMPs) means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (19) (20) City Wetland Inventory means the official City Wetland Inventory Map depicting the approximate location and extent of wetlands within Chanhassen. A copy of this map shall be maintained on the City's GIS database, with both hard and electronic copies being made available for public review upon request. (20) Manage 1 wetlands means high-quality wetlands that should be protected from development and other pressures of increased use, including indirect effects of development. Maintaining natural buffers will help to retain the significant function these wetlands provide. In the event that impacts to these wetlands cannot be avoided, replacement ratios for mitigation should exceed the state-required minimums. (20) Manage 2 wetlands means wetlands that provide medium functional levels and the wetland extent should be maintained. These wetlands often provide optimal restoration opportunity. (20) Manage 3 wetlands means wetlands that have been substantially disturbed and have the lowest functions and values. (20) Minnesota Routine Assessment Method (or MnRAM) means Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. (20) Natural 'l,'etlEl1'lds see Wetlands, lwtural. Outstanding wetlands means wetlands that are classified as Outstanding Resource Value Waters by the State of Minnesota. (20) Page 1 of3 Preserve wetlands means exceptional and highest-functioning wetlands, or those sensitive wetlands receiving conveyed stormwater runoff that have yet retained a medium level of vegetative diversity/integrity. These wetlands are those that should be preserved in (or improved to) their most pristine or highest functional capacity with wide, natural buffers, in perpetuity. (20) Pristine ';:etltmds see Wetlands, pristine. Utilized water body see Water body, utilized. Water body, utilized. Utilized '.vater bodies created for the specific purpose of surface water runoff retention and/or \vater quality improvements. These '.vater bodies are not to be classified as wetlands even if they take on wetland characteristics. '1'/ etland alteration permits shall not be required to undertake '.'.'ork on these water bodies. (20) WCA agent means the city staff member responsible for the administration of the Minnesota Wetland Conservation Act. (20) Wetland Conservation Act (or WCA) means the Wetland Conservation Act of 1991, as amended (M.S. ~ 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (20) Wetland alteration means draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland. (20) Wetland management activity means planting seed or live plant material, burning, chemically treating, removing topsoil or utilizing other means for the sole purpose of managing native plant communities and/or eradicating invasive, nonnative vegetation. (20) Wetlands, ag/urbEm. 'Netlands that have been influenced by agricultural or urban (residential, commercial, or industrial) land usage are called ag/urban. Influences include: oyernutrification, soil erosion and sedimentation, and '.vater quality degradation. ,^~s a result of these influences there is a loss of plant species diversity, overcrovlding and domination by invasive species such as reed canary grass, and reduction in '.vildlife habitat. (20) Wetlands, natural. Natural wetlands are still in their natural state and typically show little sign of impact from surrounding land usage. The vegetative community of these '.vetlands is characterized by a diversity of plant species '.'lith mixed dominance of species. Other key factors include: presence of natural indicator species, good \vildlife habitat, and being aesthetically pleasing. (20) Wetlands, pristine. \Vetlands that exist in a natural state and have special and unusual qualities 'North protecting at a high level are called pristine. These qualities include: Page 2 of 3 outstanding vegetation community, nati'.'e species population, rare or unusual species present, and habitat for rare '.vildlife species. (20) Page 3 of 3 CHAPTER 20, ZONING. Repeal Sections 20-401 through 20-418. ARTICLE VI. WETLAND PROTECTION. Sec. 20-401. Findings intent; rules adopted by reference. (a). Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this ordinance to establish a policy of sound stewardship through coordination of regulations that conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. (b). The intent of this ordinance is to avoid alteration and destruction of wetlands. When this is not feasible, mitigation must be provided to recreate the function and value of the lost or altered wetlands. (c). This ordinance is adopted in part to implement the Wetland Conservation Act of 1991, as amended (M.S. ~ 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (d). This ordinance incorporates by reference the act and the rules. Terms used in this ordinance which are defined in the act or the rules have the meanings given there. Sec. 20-402. Purpose. The purpose of this ordinance is to assure the general health, safety, and welfare of the residents through preservation and conservation of wetlands and sound management of development by: (1). Conducting an inventory and classification of all wetlands within the city and maintaining a comprehensive set of official city maps depicting the approximate location and extent of wetlands. (2). Establishing wetland regulations that are coordinated with water quantity and water quality goals and policies of the Chanhassen Surface Water Management Plan. (3). Requiring sound management practices that will protect, conserve, maintain, enhance and improve the functions and values of wetlands within the community. Page 1 of 14 (4). Requiring measures designed to maintain and improve water quality in streams and lakes. (5). Protecting and enhancing the scenic value of wetlands. (6). Restricting, controlling and mitigating the harmful effects of development on wetlands. (7). Allowing only development that is planned to be compatible with wetland protection and enhancement. (8). Providing standards for the alteration of wetlands when alteration is allowed. (9). Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization. (10). Obtaining protective easements over or acquiring fee title to wetlands as appropriate. Sec. 20-403. No net loss. (a). To achieve no net loss of wetland, except as provided under sections 20-417 and 20- 418 of this ordinance or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, excavate, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. (b). Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located. (c). All activities within the City shall comply with the Wetland Conservation Act of 1991, as amended (M.S. S 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). Where the requirements of City Code differ from those requirements, the more restrictive shall apply. Sec. 20-404. Official wetland map. (a). The City shall maintain the official City Wetland Inventory, which is hereby adopted by reference. An electronic copy of this map shall be maintained on the City's Geographic Information System (GIS) database, with both hard and electronic copies being made available for public review upon request. Page 2 of 14 (b). The City Wetland Inventory shall identify each basin as one of four management categories: Preserve, Manage 1, Manage 2, and Manage 3. These classifications will be determined using Figure 1.1 "Wetland Management Classification Process Flowchart for Basic Wetland Protection" from Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. (c). The presence or absence of a wetland on the City Wetland Inventory does not represent a definitive determination as to whether a jurisdictional wetland that would be covered by this ordinance is present. Wetlands identified during a site-specific delineation, but not identified by the City Wetland Inventory, are still subject to the provisions of this ordinance. (d). The City Wetland Inventory does not depict delineated wetland boundaries and shall not be used as such. (e). The City Wetland Inventory shall be amended to include any wetlands discovered during the site review process. Sec. 20-405. Wetland delineation. (a). It is the responsibility of the project applicant to determine whether a wetland exists on a subject property. It is the responsibility of the applicant to complete a wetland delineation and submit sufficient documentation of the wetland boundary to the city in a Wetland Delineation Report. Wetland delineations shall be completed by, or under the direct supervision of, a Certified Wetland Delineator. Three (3) hard copies of the Wetland Delineation Report must be submitted to the city's WCA agent. Additionally, an electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city's GIS database. Wetland delineations shall be valid for three years. Wetland delineations completed more than three (3) years prior may be confirmed and/or updated by a qualified wetland professional through a site visit and submittal of a summary of the findings, a copy of the old delineation and a map depicting both the original and revised wetland boundaries, where applicable. (b). Wetland delineations do not need to be completed for properties adjacent to a proposed development that is under separate ownership. However, sufficient information must be presented to demonstrate that any proposed activities shall not directly or indirectly impact adjacent basins. The applicant shall review readily available information including, but not limited to, the City Wetland Inventory, National Wetland Inventory maps, topographic maps, soil survey maps, and recent and historic aerial photographs in preparing this assessment. Sec. 20-406. Wetland classification. (a). All wetlands delineated under section 20-405 of this ordinance that have not been previously classified shall be classified using the results from the Minnesota Routine Page 3 of 14 Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future verSIOns. (b). A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland. An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland. (c). MnRAM 3.0 assessments have been completed by the City as a component of the City Wetland Inventory. Applicants; however, may appeal the determination, and submit a request to change the classification. To do so, the applicant must submit an electronic copy of the MnRAM for each affected basin to the WCA agent. The forms must be filled out by a qualified wetland scientist. The WCA agent will consult with the technical evaluation panel to determine if a change in the classification is warranted. In all cases, the burden to demonstrate the need for a change in classification lies with the applicant. Sec. 20-407. Permit required. fat.- No person shall drain, excavate in the permanent or semipermanent flooded areas of open water wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20-417 of this chapter requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (a). Construction of new streets and utilities. (M). Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. (c~). Installation of boardwalks and docks. Docks shall meet the additional requirements in Chapter 6, Article II of the Chanhassen City Code. (d~). Discharge of untreated stormwater runoff into wetlands. (e4). Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches. (b). The city must be notified at least five business days prior to the use of any form of treatment of 'wetlands to control nuisance vegetation including chemically treating, burning, mo\ving or biologically treating wetlands. (1). At the time of notification, a person or company '.vill be required to supply the following information: Page 4 of 14 a. Location of wetland; b. Area of 'Hetland to be treated; c. Name, address and telephone number of the party responsible for treatment; d. Name, address and telephone number of person or persons performing the treatment; e. Date of treatment; f. l.. list of the type of treatments to be used at such time; g. .^.. statement indicating an understanding of the treatment being applied and its effect on humans, plants and \vildlife; and h. A signed consent from all property owners o'.vning property containing or abutting wetland to be treated. (c). The following activities shall be determined exempt from the pro'lisions listed in subpart (b) above: (1) Federal, state or local government staff or contractors during the course of conducting maintenance activities; and (2) Metropolitan Mosquito Control District during the course of conducting mosquito control activities. Sec. 20-408. Exemptions from earth work permit requirements. Earth work completed in accordance with an approved wetland alteration permit is exempt from the requirement to obtain a separate earth work permit. Sec. 20-409. Permit application requirements and decisions. (a). A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purposes, intent and other provisions of this ordinance. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this ordinance. Such conditions may, among other matters, limit the size, kind or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland functions and values; establish required monitoring procedures and maintenance activities; stage the work over time; require the alteration of the site design to ensure buffering; and/or require the provision of a performance security. (b). Any projects seeking a wetland alteration permit subject to this ordinance will be required to submit the following: (1). A wetland alteration permit application (2). A site/grading plan of the entire property (3). Existing and proposed drainage areas to wetlands Page 5 of 14 (4). A wetland delineation report in accordance with section 20-405 (5). Wetland classification information in accordance with section 20-406 for each wetland on property (6). Buffer strip plan meeting the criteria of section 20-411 (c) and (d) (7). Submittals required by the Wetland Conservation Act (8). Topographic data (9). Other information as required by the city (c). Decisions made under this ordinance that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under Minnesota Rules 8420.0250, after administration appeal rights under the official controls have been exhausted. Staff costs to the city associated with appeals shall be borne by the applicant. (d). The city council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources management. Decisions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. Unless otherwise designated, the city's representative on the technical evaluation panel shall be the WCA agent. (e). The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including but not limited to those required by watershed districts, Minnesota Department of Natural Resources, United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work. Sec. 20-410. General standards. (a). The following standards apply to all lands within and abutting a wetland: (1). Septic and soil absorption system must be a setback minimum of 75 feet from the ordinary high water mark of the wetland. (2). The lowest ground floor elevation of a principal structure is three feet above the 100-year flood elevation of the wetland. (3). Access across a wetland shall be by means of a boardwalk or elevated structure and only upon approval of a wetland alteration permit. Wetland crossings must also be in conformance with all other state regulations. Page 6 of 14 (4). Docks and boardwalks shall be elevated a minimum of six inches above the ordinary high water mark. Docks and boardwalks shall only be permitted to cross wetlands in instances where a wetland is riparian to a lake. (5). The erosion and sediment control goals and policies within the city's Surface Water Management Plan shall be met. (6). Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by Chanhassen City Code. (b). When a wetland alteration permit is issued allowing wetland alteration, the following standards shall be followed: (1). The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. (2). It shall be located as to minimize the impact on vegetation. (3). It shall not adversely change water flow. (4). The size of the altered area shall be limited to the minimum required for the proposed action. (5). The disposal of any excess material is prohibited within remaining wetland areas. (6). The disposal of any excess material shall include proper erosion control and nutrient retention measures. (7). Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (8). Alterations to wetland areas shall be mitigated in accordance with the requirements of this ordinance if the activity results in a loss of wetland area and/or function and value of the wetland. (9). Dedicated buffers in accordance with section 20-411. Sec. 20-411. Placement of structures. (a). For lots created on or after (date of codification), a buffer strip shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council. Buffer strip vegetation shall be established and maintained in accordance with the following requirements. If the buffer strip is disturbed, native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. A minimum of one wetland buffer monument is required per lot abutting the wetland edge. The maximum spacing between monuments is 300 feet. (b). The following table provides the minimum standards required for each wetland classification. Page 7 of 14 Principal Structure Accessory Structure Permanent Buffer Percent of Buffer Wetland Setback from Setback from Buffer Strip Minimum Strip in Native Classification Buffer Edge (feet) Edge (feet) Width (feet) Vegetation Outstanding 50 50 50 100% Preserve 40 20 40 100% Manage 1 4() 30 ~15 J025 100% Manage 2 4() 30 ~15 ~20 Over 50% Manage 3 4() 30 ~15 ~16.5 Over 50% MANAGE 3 WETLAND ILLUSTRATION PRINCIPAL STRUCTURE SETBACK I I I S~t 31' t BUFFER oo'lvw I I I I I I I 15' at1' , \ \ ACCESSORY STRUCTURE SETBACK (c). For lots created on or after (date of codification), principal structures and accessory structures shall maintain minimum setbacks from the wetland buffer as outlined in subparagraph (b) above. (d). If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before (date of codification), the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved. (e). For lots of record before (date of codification), property owners may establish wetland buffer strips in compliance with subparagraph (b) above in exchange for a decreased setback for structures. A wetland buffer agreement describing the precise location and extent of the buffer strip, as well as the restrictions for activities within the Page 8 of 14 buffer strip, shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the buffer strip dedication. 1. Following the recording of the wetland buffer agreement with the county recorder's office, accessory structures may be placed within the last ~ 15 feet or 50% of the existing principal structure wetland setback, whichever is less. (t). In addition to the requirements above, wetland buffer strips for wetland mitigation areas and those counted as Public Value Credit (PVC) shall also conform to the minimum standards as set forth by the Wetland Conservation Act. (g). The locations of buffer strips and wetland setbacks shall be surveyed and included on the Certificate of Survey. A Certificate of Occupancy shall not be issued unless this task is completed and approved by City staff. (h). Retaining walls and fences may be located within wetland setbacks. Neither retaining walls and fences nor the land alteration that takes place as part of construction shall encroach into the required buffer strips. Sec. 20-412. Buffer strips required. (a). Before release of final plat, the applicant must submit to the WCA agent a drainage and utility easement for protection of the wetland and approved buffer strip. The easement must describe the boundaries of the wetland and the wetland buffer strips (b). Building structures, paving, mowing, introducing non-native vegetation, cutting, filling, dumping, disposing of yard waste, fertilizing, or tampering with the monuments within buffer strips is prohibited. (c). Additional wetland impacts shall not be allowed for the creation of buffer strips. (d). The use of meandering buffer strips to maintain a natural appearance is encouraged (e). Where roadways are constructed next to a wetland, a buffer strip shall be maintained. (t). Where acceptable natural vegetation exists in a wetland and adjacent buffer strip, the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation. A wetland and/or buffer strip has acceptable vegetation if it is dominated by native tree, shrub, or grass species, and has not been used for agricultural production in the last five years. (g). The WCA agent may deny the use of existing vegetation for the use of buffer strips if: Page 9 of 14 1. It is dominated by any species on the state noxious weed list as defined by Minnesota Statutes, Section 18.76-18.88. These species include species such as leafy spurge, spotted knapweed, purple loosestrife, and common and glossy buckthorn; 2. It is present on unstable slopes, has significant bare soil, displays a history of erosion problems, is prone to gully formation, or does not function for sediment and nutrient removal; 3. Any areas were used for agricultural production in the last five years; or 4. The buffer strip is disturbed or altered. (h). If an area is deemed to be unacceptable in its current state, wetland buffer landscaping plan must be submitted to the WCA agent. This plan shall include at a mInImum: 1. A plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing. Existing buffer strips shall be identified and marked to prevent accidental disturbances. 2. A specification as to what seed mixture will be used, or what trees and/or shrubs will be planted and their locations. 3. A verification that all seed stock and tree species are native to Minnesota and are of local ecotypes. 4. A detailed specification that identifies the project schedule, materials, installation or seeding instructions, and costs. 5. A maintenance schedule that describes the activities that will occur for at least the first two (2) years. This should include a schedule of mowing and spot spraying for weeds if an area is seeded. Plans that call for periodic burning shall have additional details and must have special permission prior to installation. 6. A detail of all Best Management Practices (BMPs) and erosion control plans. 7. A plan identifying the locations of buffer strip markers. 8. An electronic copy of plans in a format compatible with the City GIS database. (i). The city may, at their discretion, require a cash escrow or letter of credit up to 110% of the cost to reestablish the buffer strip should it not be successful, not be maintained, or otherwise require city intervention to maintain the ordinance requirements. Sec. 20-413. Wetland alteration. (a). An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied or, through imposition of conditions of approval, will comply with all of the requirements of the Wetland Conservation Act. (b). A wetland alteration permit shall not be issued unless the proposed development complies with this article. (c). When a wetland alteration permit is issued allowing wetland alteration, the alteration must be consistent with the city's Surface Water Management Plan and the Wetland Page 10 of 14 Conservation Act. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a portion of the wetland remains, unless exempted under section 20- 417. Sec. 20-414. Wetland management activities. Prior to commencement of a wetland management activity, an administrative wetland permit must be obtained for the activity in accordance with section 20-415. Sec. 20-415. Administrative wetland permit. (a). Applications for administrative wetland permits shall be made on a form supplied by the city. A fee shall be paid as set forth in Chanhassen City Code. The WCA agent shall review applications to ensure proposed activities are in compliance with the Wetland Conservation Act and the requirements of this ordinance and are consistent with approved and/or accepted wetland management practices. (b). At the time of application, a person or company making an application for an administrative wetland permit will be required to supply the following information: (1). Location of wetland; (2). Area of wetland to be managed; (3). Name, address and telephone number of the party responsible for management activity; (4). Name, address and telephone number of person or persons performing the management activity; (5). Date of management activity; (6). A list of the type of management activities to be performed at such time; (7). An explanation of the rationale for performing the management activity; (8). Information regarding the management activities being used and their effects on humans, plants and wildlife, especially non-target species; and (9). A signed consent from all property owners owning property containing or abutting wetland to be treated. (c). The following activities shall be determined exempt from the provisions listed in subpart (b) above: (1) Federal, state or local government staff or contractors during the course of conducting maintenance activities; and (2) Metropolitan Mosquito Control District during the course of conducting mosquito control activities. (d). Activities for which administrative wetland permits are approved shall not contribute to nuisances as defined in the Chanhassen City Code. (e). The WCA agent may deny the administrative wetland permit if it does not comply with subpart (d) above, is not in compliance with the Wetland Conservation Page 11 of 14 Act and/or is not consistent with approved and/or accepted wetland management practices. Sec. 20-416. Mitigation. (a). Mitigation intent. Where a wetland alteration permit is approved and mitigation is required pursuant to City Code and the Wetland Conservation Act, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value. (b). Mitigation standards. The functions and values of mitigation wetlands shall be achieved through wetland restoration, creation and/or enhancement. The mitigation standards found in Minnesota Rules 8420.0550 shall be followed. (1). Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this ordinance. (2). Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules 8420.0541. (3). Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation may occur locally within the subwatershed. If this is not possible, then mitigation ,au occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on site, or if the city deems it necessary to perform mitigation off-site, then the applicant shall be responsible for providing off-site mitigation within the major subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank. (d). Construction management and long term wetland maintenance. (1). The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat. (2). The wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen. The purpose of the annual report is to describe actual wetland management, restoration or creation activities completed during the past year as well as activities planned for the upcoming year. The annual report shall include all the information required of annual monitoring reports by Minnesota Rules 8420.0620 subpart 2. Page 12 of 14 The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules 8420.0610. Submission shall continue for five years or until the replacement wetland is deemed by the Technical Evaluation Panel (TEP) to be fully functional. Where feasible, the city shall require the wetland alteration permit holder to satisfy long-term management requirements. (e). Mitigation Surety. To ensure that the proposed wetland replacement occurs, the city shall hold either a cash escrow or letter of credit equal to 110% of the current value of wetland credits on the open market. An additional escrow account shall be established to ensure that the required monitoring occurs. The monitoring escrow shall be set at 110% of the current average monitoring expense as performed by an independent consultant. The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed. The remaining escrow amount will be returned and the letter of credit terminated upon completion of the monitoring and approval by the Technical Evaluation Panel (TEP). Any interest earned by holding of a cash escrow shall be the property of the city. (f). Within the Minnehaha Creek Watershed District, 1:1 mitigation is required for excavation within wetlands. Sec. 20-417. Exemptions and no loss determinations. (a). Activities exempted by Minnesota Rules 8420.0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this ordinance. However, certificates of exemption or no loss must be obtained from the city prior to starting work. (b). A person conducting an activity in a wetland under an exemption shall ensure that: (1). Appropriate erosion and sediment control measures are taken to prevent sediment discharges from the site; (2). The activity does not block fish activity in a watercourse; and (3). The activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices as listed in part 8420.0112, and waterresource protection requirements established under M.S. Ch. 103H. Sec. 20-418. Variances. Variances from the requirements of this ordinance may be granted in accordance with the variance provisions of Article II, Division 3 of this chapter so long as the variances do not violate the Wetland Conservation Act and rules adopted under the Act. Sec. 20-419. Expiration and renewal of permit. (a). Unless otherwise specified by the city council, the permittee shall begin and complete the development authorized by the wetland alteration permit within one year after the date the council approves the permit application. Page 13 of 14 (b). The permittee shall provide written notice to the city 24 hours prior to the commencement and completion of the permitted project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion. (c). If the permittee fails to commence work within the time specified in this section, the permit shall be void. The permittee may make a written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension. If the council does not extend the permit, the holder of the void permit may apply for a new permit. Sec. 20-420. Inspection of work. The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. Sec. 20-421. Enforcement procedures. (a). Violation of this article, wetland protection, or of the terms of a permit issued thereunder shall be a misdemeanor. (b). Any person who alters a wetland in violation of this article shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee. The city council may require the violator to restore the wetland or take other mitigative measures. Page 14 of 14