Ordinance 047argo
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AR
AN ORDINANCE AMENDING ORDINANCE NO. 47,
THE CITY'S ZONING ORDINANCE, BY ADDING
WETLAND PROTECTION REGULATIONS
It is hereby ordained by the Chanhassen City Council
as follows:
Section 1. Ordinance No. 47 is amended by adding Section
28 to read as follows:
28.1 STATEMENT OF FINDINGS AND INTENT: Wetlands are a valuable
resource. They help maintain water quality, serve to minimize
problems with flooding and erosion, serve as sources of food and
habitat for a variety of fish and wildlife and are an integral
part of the community's natural landscape providing the aesthetic
benefits of open space and a natural separation of land uses.
It is the intent of this ordinance to establish a program of sound
stewardship through regulations that strive toward zero degradation
of the wetlands by conserving, protecting and enhancing these
environmentally sensitive resources.
28.2 STATEMENT OF PURPOSE: The purpose of this ordinance is
to assure the protection of the general health, safety and welfare
of the residents and the protection of the wetland resources of
the City, for now and in the future, through preservation and
conservation of wetlands and sound management of development by:
1. Establishment of wetland regulations.
2. Requiring proper erosion control practices.
3. Requiring sound management practices that will protect,
conserve, maintain, enhance and improve the present quality
of wetlands within the community.
4. Requiring improved water quality in streams and lakes with
its attendant increase in recreational use and value.
5. Protecting and enhancing the scenic value of the community.
6. Restricting and controlling the harmful effects of land
development which adversely affect wetlands.
7. Reducing the need for piped storm water improvements.
8. Preventing rapid runoff from developed areas.
9. Preventing pollution from gas, oil, salt, fertilizer, sand
and silt.
10. Allowing only development that is compatible with wetland
protection and enhancement.
11. Providing standards for the alteration of wetlands.
12. Controlling development outside of the wetland areas that
• may be detrimental to wetlands.
•
13. Prohibiting dumping of waste in wetlands.
14. Restricting the placement of structures within wetland areas.
15. Drawing attention to the function of wetlands and the impact
of urbanization upon wetlands.
28.3 ESTABLISHMENT OF WETLAND AREAS: Lands lying within a wetland
area shall be subject to the requirements established herein,
as well as restrictions and requirements established by other
applicable city ordinances and regulations. Nothing in Section
28 of this ordinance shall be construed to allow anything otherwise
prohibited in the zoning district where the wetland area is located.
The wetland map, entitled "Chanhassen Wetland Map" dated May 22,
1984 is hereby adopted as prima facie evidence of the wetland
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areas and an official copy is on file in the office of the City
Clerk. Land within the wetland areas shall be classified as Class
A wetland or Class B wetland as delineated on the map.
28.4 Determination of Wetland Area. An applicant for development
which may be in a wetland area shall be obligated to bring this
to the City's attention. If required by the City, the applicant
shall provide appropriate technical information, including but
not limited to, topographic survey and soil data deemed necessary
for the City to determine the exact wetland boundary. The City
Council may exempt land from the wetland regulations if it finds
that the land is not in fact a wetland. The City Council shall
make necessary interpretations concerning the wetland area based
upon the wetland map, the definition of "wetlands" contained herein
0 and the intent and purpose of this ordinance.
28.5 DEFINITIONS:
1. Council: The City Council of the City of Chanhassen.
2. Development: The construction, installation or alteration
of any structure; the extraction, clearing or modification
of terrestrial or aquatic vegetation or land; the alteration
of the course, current or cross section of any water body
or water courses; platting property.
3. Ordinary High Water Mark: A mark delineating the highest
water level which has been maintained for a sufficient period
of time to leave evidence upon the landscape. It is commonly
that point where the natural vegetation changes from predomin-
ately aquatic to predominately terrestrial.
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• 4. Person: Any individual, firm, corporation, partnership,
association or other private or governmental entity.
5. Structure: Buildings, fences (except strand wire agricultural
fences), sheds, advertising signs, portable structures, stock
piles, docks, boardwalks, culverts and hard surface parking
areas.
6. Wetland Types: Classifications of Wetlands as defined in
U.S. Department of Interior, Fish and Wildlife Service, Circular
39, "Wetlands of the U.S. 1956".
7. Wetland Watershed: That area of land from which water drains
into a Class A or Class B wetland.
8. Class A Wetlands: Wetland types 3, 4, 5, 6, 7 and 8. In
the case of wetlands adjoining a public waters designated
as lake or pond this class shall also include type 2 wetlands.
Type 2 wetlands shall also be deemed a class A wetland when
adjoining a stream designated as public waters to the extent
that it encroaches upon the 100 year floodplain of the stream.
9. Class B Wetlands: Type 2 wetlands not adjoining a public
waters designated as lake or pond nor within the 100 year
floodplain of a stream designated as public waters.
28.6 PROHIBITED USES IN CLASS A WETLANDS: The following uses
are prohibited in Class A wetlands:
1. Disposal of waste material including, but not limited to,
sewage, demolition debris, hazardous and toxic substances,
and all waste that would normally be disposed of at a solid
• waste disposal site or into a sewage disposal system or sanitary
sewer.
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2. Solid waste disposal sites, sludge ash disposal sites, hazardous
• waste transfer or disposal sites.
3. Septic or soil absorption systems.
4. Sedimentation basins for construction projects.
5. Open storage.
6. Animal feedlots.
7. The planting of any species of the genus Lythrum.
8. Operation of motorized craft of all sizes and classifications.
28.7 PROHIBITED USES IN CLASS B WETLANDS: The following uses
are prohibited in Class B wetlands:
1. Disposal of waste material including, but not limited to,
sewage, demolition debris, hazardous and toxic substances,
and all waste that would normally be disposed of at a solid
is
waste disposal site or into a sewage disposal system or sanitary
sewer.
2. Solid waste disposal sites, sludge ash disposal sites, hazardous
waste transfer or disposal sites.
3. Animal feedlots.
4. The planting of any species of the genus Lythrum.
28.8 ACTIVITIES REQUIRING A WETLAND ALTERATION PERMIT: The follow-
ing activities are prohibited in the Wetland area indicated unless
the City Council issues a wetland alteration permit allowing the
activity:
1. Scientific research projects in a Class A or Class B wetland
which alter the wetland.
2. Public works in a Class A or Class B wetland except for
emergency public works which shall not require a wetland
alteration permit.
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3. Creation of ponds or dams and alterations of the natural
drainage ways or water courses of a Class A or Class B wetland.
4. Removal from Class A wetland of trees or vegetation except
hay, crops and diseased and storm damaged trees and vegetation
which shall not require a wetland alteration permit.
5. Docks, walkways and boardwalks, within a Class A or B wetland.
6. Installing or replacing drain tile or ditches in a Class
A wetland. Repairing existing drain tile, in a Class A wetland
if the property has not been in active agricultural use during
the 12 months preceding the enactment of this ordinance.
7. Development in any Class A wetland or within 200 feet of
a Class A wetland which is within the wetland's watershed.
8. Septic or soil absorption systems in a Class B wetland.
i9. Sedimentation basins in a Class B wetland.
—" 10. Any structure in a Class A or B wetland except for minor
expansion and additions to single family detached dwellings
existing on the date this ordinance is enacted which shall
not require a wetland alteration permit.
11. Digging, dredging, filling in a Class A or B wetland.
12. Advertising signs in a Class A or B wetland.
28.9 WETLAND ALTERATION PERMIT GUIDELINES: No wetland alteration
permit shall be issued unless the Council determines that the
proposed development complies with the following guidelines, as
well as the intent and purpose of this ordinance. In reviewing
wetland alteration proposals reference shall be made to United
States Department of Agriculture Soil Conservation Service under
• Runoff, Erosion and Sediment Control Handbook and Technical Field
Guide. If the City Council determines that the required calculations
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in a particular instance are needlessly burdensome because of
the area and nature of a proposal, it may agree to a substitute
analysis.
1. Filling. A minimum amount of filling will be allowed when
necessary for the use of property, but only when it will
not have a net adverse effect upon the ecological and hydro-
logical characteristics of the wetland. In determining whether
a proposed development will have a net adverse effect on
the ecological and hydrological characteristics of the wetland,
the Council shall consider, but not limit its consideration
to, the following factors:
(a) Any filling shall not cause total natural flood
storage capacity of the wetland to fall below, or fall below
• further, the projected volume of run-off from the watershed
generated by a S.9 inch rainfall in 24 hours. Since the total
amount of filling which can be permitted is limited,
apportionment of fill opportunities for other properties
abutting the wetland shall be considered.
(b) Any filling shall not cause total natural nutrient
stripping capacity of the wetland to be diminished to an
extent that is detrimental to any area river, lake or stream.
(c) Only fill free of chemical pollutants and organic
wastes may be used.
(d) Filling shall be carried out so as to minimize
the impact on vegetation.
(e) Filling in wetland areas will not be permitted
• during waterfowl breeding season or fish spawning season,
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• unless it is determined by the City that the wetland is not
used for waterfowl breeding or fish spawning.
2. Dredging. Dredging will be allowed only when it will not
have a net adverse effect on the ecological and hydrological
characteristics of the wetlands. Dredging, when allowed,
shall be limited as follows:
(a) It shall be located as to minimize the impact on
vegetation.
(b) It shall not adversely change water flow.
(c) The size of the dredged area shall be limited to
the minimum required for the proposed action.
(d) Disposal of the dredged material is prohibited
within the wetland district unless specifically authorized
• in the wetland alteration permit.
(e) Disposal of any dredged material shall include
proper erosion control and nutrient retention measures.
(f) Dredging in any wetland area is 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.
3. Discharges.
(a) Soil loss from a construction site any part of
which is in a wetland or within 200 feet of the wetland that
is within the wetland watershed shall not exceed a rate of
more than 2 tons per acre per year.
(b) Projected soil loss from a completed construction
• project shall not exceed 0.5 tons per year if any part of
•
it is in a
wetland
or within 200 feet of a wetland that is
within the
wetland
watershed.
4. Storm Water Runoff. A minimum increase in volume of storm
water runoff to a wetland from a development over the natural
volume of runoff may be allowed when necessary for use of
property but only when it will not have a net adverse effect
upon the ecological and hydrological characteristics of the
wetlands. In no case shall the restrictions on runoff set
out below be exceeded. Since the total increase in runoff
which can be permitted is limited, the Council when consider-
ing permit applications shall consider, in addition to the
following, apportionment of increased runoff opportunity
to all wetland property within the surrounding wetland area.
• (a) Storm water runoff from a development may be directed
to the wetland only when free of debris and substantially
free of chemical pollutants and silt, and only at rates which
do not disturb vegetation or increase turbidity. Sheet flow
and other overland drainage of runoff shall be encouraged.
(b) The proposed action shall not cause storm water
runoff on the wetlands to take place at a rate which would
materially exceed the natural rate.
(c) The allowed total increased runoff, in combination
with the total fill allowed, shall not cause total natural
flood storage capacity of the wetland to fall below, or fall
below further, the projected volume of runoff on the whole
developed wetland watershed generated by a 5.9 inch rainfall
• in 24 hours.
• (d) The allowed total increase in runoff, in combination
with the total fill allowed, shall not cause total natural
nutrient stripping capacity of the wetland to fall below,
or fall below further, the projected nutrient production
from the whole developed wetland watershed.
28.10 WETLAND ALTERATION PERMIT PROCEDURES: The applicant shall
furnish information if required by the City including but not
limited to, a site plan, topographic data and hydrological data
for the review of a wetland alteration permit application. A wetland
alteration permit shall not be issued without having been first
reviewed by the Planning Commission and approved by the Council
following the review procedures set forth for conditional use
permits. 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. A permit must be approved
by a 3/5 vote of the Council. The Council may establish reasonable
conditions which are specially set forth in the permit to ensure
compliance with requirements contained in Section 28 of 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,
establish required monitoring procedures and maintenance activity,
stage the work over time, require the alteration of the site design
to ensure buffering, require the provision of a performance security.
The granting of a wetland alteration permit does not abrogate
• the need to obtain permits required by other local, state or federal
agencies.
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• 28.11 TIME OF PERMIT --EXTENSION AND RENEWALS:
1. Unless otherwise specified by the City Council, a permittee
shall begin and complete the development authorized by the
permit within one year after the date the Council approves
the permit application.
2. The permittee shall provide written notice to the City Engineer
24 hours prior to the commencement and completion of the
development project. No project shall be deemed to have been
completed until approved by the City Engineer after receipt
of notice of completion.
3. If the permittee fails to commence work on the development
within the time specified herein, the permit shall be void.
The Council may renew a void permit at its discretion. If
• the Council does not renew the permit, the holder of the
void permit may make original application for a new permit.
4. The permittee may make written application to the 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 for an extension
shall state the reasons the permittee requires an extension.
28.12 INSPECTION: The City Engineer may cause inspection of
the work to be made periodically during the course of such work
and shall cause final inspection to be made following the comple-
tion of the work.
28.13 RESPONSIBILITY: AFFECT: Neither the issuance of a permit
nor compliance with the conditions thereof, nor with the provisions
• of this chapter shall relieve any person from any responsibility
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i otherwise imposed by law for damage to persons or property; nor
• shall the issuance of any permit hereunder serve to impose any
liability on the City or its officers or employees for injury
or damage to persons or property.
28.14 GENERAL DEVELOPMENT REGULATIONS: Within wetland areas
and for lands abutting or adjacent to a horizontal distance of
200 feet, the following minimum general regulations are applicable:
1. Minimum lot area: 15,000 square feet.
2. Minimum structure setback: 75 feet from the ordinary high
water mark.
3. Septic and soil absorption system setbacks: 150 feet from
ordinary high water mark.
4. Lowest ground floor elevation: 3 feet above ordinary high
• water mark.
5. No development shall be allowed which may result in unusual
road maintenance costs or utility line breakages due to soil
limitation, including high frost action.
6. These regulations may be changed as part of a planned unit
development.
•
28.15 Variance: The City Council may grant a variance from the
requirements of Section 28 of this ordinance in accordance with
the general variance provisions of this Ordinance. In addition,
a variance may be granted based upon mitigative measures proposed
by the applicant to recreate, to an equal or greater degree, the
environmental and hydrological function of the wetland area that
is proposed to be altered.
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• 28.16 ENFORCEMENT: In addition to criminal prosecution, the
City may institute injunctive proceedings to correct any violation
of this ordinance. The City may require the complete restoration
of a wetland to its prior natural state at the violator's expense.
28.17 SEVERABILITY: Every section, provision or part of this
ordinance is separable from every other section, provision or
part of this ordinance, and if any section, provision or part
thereof shall be held invalid by any court of competent jurisdiction,
it shall not affect any other section, provision or part of this
ordinance.
28.18 PENALTY: Violators of this ordinance shall be guilty of
a misdemeanor and shall be punishable by a fine not to exceed
$700 or by imprisonment for a period of not to exceed 90 days.
• Each day that a violation continues shall constitute a separate
offense.
Section 2. Effective Date. This ordinance shall take
•
effect and be enforced from and after its passage and publication
in the City's official newspaper.
Adopted this 23rd day of July, 1984.
CITY OF CHA HASSEN /
/S � f
�//1�BY: l.?
Its Mayor
ATTEST: Z,
Its City Clerk/Manager
(Published Summary Ordinance in the Carver County Herald
on August 15, 1984).
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