Ordinance 202CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 202
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE,
CONCERNING WETLAND PROTECTION
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 20-401 of the Chanhassen City Code is amended to read:
Sec. 20-401. Findings, Intent, and Incorporation 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 article to establish a policy of sound stewardship through coordination of
• regulations which 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 article is to avoid alteration and destruction of wetlands.
When this is not feasible, mitigation must be provided to recreate the lost or altered
wetlands value and function.
(c) This ordinance is adopted in part to implement the Wetland Conservation
Act of 1991 (Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules
of the Minnesota Board of Water and Soil Resources (Minn. 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.
SECTION 2. Section 20-404 of the Chanhassen City Code is amended to read:
Sec. 20-404. No Net Loss.
To achieve no net loss of wetland, except as provided under Section 20-416 of
this article, or authorized by a wetland alteration permit issued by the City, a person may
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not drain, grade, fill, 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.
SECTION 3. Section 20-405, subparagraph (1) of the Chanhassen City Code is
amended to read:
(1) Septic and soil absorption system must be a setback minimum of seventy-
five (75) feet from the ordinary high water mark of the wetland.
SECTION 4. Section 20-407 of the Chanhassen City Code is amended to read:
Sec. 20-407. Wetland Alteration.
An applicant for a wetland alteration permit shall adhere to the following principles
in descending order of priority:
(1) Avoiding the direct or indirect impact of the activity that may destroy or
diminish the wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
0(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland activity and its implementation;
(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the activity; and
(5) Replaces unavoidable impacts to the wetlands by restoring or creating
substitute wetland areas having equal or greater public value as set forth
in Minnesota Rules 8420.0530 to 8420.0630.
A wetland alteration permit shall not be issued unless the proposed development
complies within the provisions of the Mitigation Section of this article, as well as the
standards, intent, and purpose of this article.
SECTION 5. Section 20-408 of the Chanhassen City Code is amended to read:
Sec. 20-408. Permit Required.
Drainage, grading, filling, removal of healthy native vegetation, or otherwise
altering or destroying a wetland of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit includes, but is not limited to:
• (1) Construction of new streets and utilities.
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(2) 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.
(3) Installation of boardwalks.
(4) Creation of sedimentation and water quality improvement basins if part of
a mitigation project, or used to restore or improve the function and value
of the wetland. These basins may not be created in "pristine" wetlands and
may only be created in "natural' wetlands if the City determines that there
is no reasonable alternative.
(5) Discharge of stormwater runoff in a manner that impacts the wetland.
SECTION 6. Section 20-412(a) of the Chanhassen City Code is amended to read:
(a) Mitigation intent. Where wetland alteration is approved and mitigation
is required, 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 state law to achieve
replacement of the wetland function and value.
• SECTION 7. Section 20-412(c) of the Chanhassen City Code is amended to read:
(c) Mitigation techniques.
(1) Mitigation will be performed at a ratio required by state law.
(2) Mitigation should always result in an improvement to the wetland
function and value. The wetland function and value will include
improvement of water quality, maintaining hydrological balance, and
provision of wildlife habitat.
(3) Mitigation shall provide a buffer strip as set forth in this article.
(4) Mitigation shall maintain or enhance the wetland hydrological
balance through the following:
(a) Restoration of partially drained wetlands.
(b) Creation of new wetlands.
(5) Mitigation shall provide for pretreatment of water prior to it entering
the wetland to improve water quality if required by the Chanhassen
• Surface Water Management Plan.
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(6) Mitigation, through the buffer strip, shall provide landscaping for
nesting and food for wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity of native flora (i.e.,
• trees, shrubs, grasses, herbaceous plants) to encourage wildlife
diversity and provide visual variety.
(7) Wetland mitigation should be undertaken on -site. If this is not
feasible, mitigation should occur locally within the subwatershed. If
this is not possible, mitigation should 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, the applicant shall be responsible for contributing
into the City's wetland mitigation fund. The mitigation performed off -
site shall meet the above requirements.
SECTION 8. Section 20-413 of the Chanhassen City Code is amended to read:
Sec. 20-413. Application and Issuance of Permit.
(a) The applicant for a wetland alteration permit shall furnish the information
required by the City including, but not limited to, a site plan, topographic data,
hydrological data, and habitat evaluation procedures for the review of a wetland
alteration permit application. The planing director shall use discretion regarding the level
and complexity of information required to review the request. 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 article. The Council may establish
reasonable conditions which are specifically set forth in the permit to ensure compliance
with requirements contained in this article. 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 function and value; establish
required monitoring procedures and maintenance activity; state the work over time;
require the alteration of the site design to ensure buffering; require the provision of a
performance security.
(b) The Chanhassen 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
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and consider recommendations, if any, made by the technical evaluation panel in making
replacement plan decisions.
(c) Decisions made under this ordinance may be appealed to the Board of
Water and Soil Resources under Minnesota Rules 8420.0250, after administration appeal
rights under the official controls have been exhausted.
SECTION 9. Section 20-416 of the Chanhassen City Code is amended to read:
Sec.20-416. Exemptions.
Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the
provisions of this article. However, certificates of exemption must be obtained from the
City prior to starting work.
SECTION 10. Section 20-417 of the Chanhassen City Code is amended to read:
Sec.20-417. Variances.
Variances from the requirements of this article may be granted in accordance with
the variance provisions of this chapter as regulated by Article II, Division II of this Code
so long as the variances do not violate the Act or the Rules.
SECTION 11. Section 20-418 of the Chanhassen City Code is amended by
deleting subparagraphs (c) and (d) in their entirety.
SECTION 12. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 25th day of April , 1994. by the City
Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Cler Manager E51onald dime , yor
(Published in the Chanhassen Villager on May 19 , 1994).
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Ord. 202, An ordinance amending Chapter 20 of the City Code concerning Wetland Protection
(comply with Wetland Conservation Act of 1991) - Roger prepared - approved by CC April 25,
1994 - Summary published
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY ORDINANCE NO. 202
The wetland ordinance amendment summary is as follows:
-To incorporate the permanent rules of the Wetland Conservation Act of 1991 (Act) and the
accompanying rules of the Minnesota Board of Water and Soil Resources (Rules). Terms
used in this ordinance which are defined in the Act or the Rules have the meanings given there.
-Changes the setback for septic and soil absorption systems was reduced from 150 feet to 75 feet from
the ordinary high water mark of the wetland.
- Mitigation of wetlands will be performed at a replacement ratio required by state law.
- Section 20-413 (b) describes the technical evaluation panel that is described fully in the Act.
-The list of exemptions have been removed since they are fully described in the Act a Surface Water
Management Utility as allowed by Minnesota Statutes 444.075. The Utility will be used to
generate funds used to support planning, construction, property acquisition, maintenance and
related efforts designed to improve the City's programs related to storm water management,
water quality and wetland protection. A formula for establishing fees, credits and exemptions
is provided. An appeal procedure is also established. Fees are to be set by City Council
resolution.
Passed and adopted by the Chanhassen City Council this 25th day of April, 1994.
Don Ashworth
City Clerk/Manager
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY ORDINANCE NO.202
The wetland ordinance amendment
summary is as follows:
- To incorporate the permanent rules
of the Wetland Conservation Act of 1991
(Act) and the accompanying rules of the
Minnesota Board of Water and Soil Re-
sources (Rules). Terms used in this ordi-
nance which are defined in the Act or the
Rules have the meanings given there.
- Changes the setback for septic and
soil absorption systems was reduced from
150 feet to 75 feet from the ordinary high
water mark of the wetland.
- Mitigation of wetlands will be per-
formed at a replacement ratio required
by state law.
- Section 20-413 (b) describes the
technical evaluation panel that is de-
scribed fully in the Act.
- The list of exemptions have been
removed since they are fully described in
the Act a Surface Water Management
Utility as allowed by Minnesota Statues
444.075. The Utility will be used to
generate funds used to support planning,
construction, property acquisition, main-
tenance and related efforts designed to
improve the City's programs related to
storm water management, water quality
and wetland protection. A formula for
establishing fees, credits and exemp-
tions is provided. An appeal procedure is
also established. Fees are to be set by
City Council resdluti�on,
Passed and adopted by the
Chanhassen City Council this 25th day
of April, 1994.
Don Ashworth
City Clerk/Manager
(Published in the Chanhassen Villager
on Thursday, May 19, 1994; No. 2144)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
has full knowledge of the facts herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. 0�,
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a a - _
inclusive, and is hereby acknowledged as bein€
and publication of the Notice:
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Subscribed and sworn before me on
this Ylffa-dayof , 1994
�• '� �r''• GWEN M. RAOUENZ
..li�NOTARY PUBLIC - MINNESOTA
SCOTT COUNTY
`.••f My Gomrnisson Expires Feb. 24, 1999
Notary Public
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Lowest classified rate paid by commercial users for comparable space.. $8.00 per column inch
Maximum rate allowed by law for the above matter...................................$8.00 per column inch
Rate actually charged for the above matter ................................................ $6.89 per column inch