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12. Wetland Ordinance AmendmentsCITY OF /a CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Kate Aanenson, Planning Director DATE: March 23, 1994 SUBJ: Amendments to the Wetland Ordinance Background Roger Knutson, the City Attorney, has prepared an ordinance. The city adopted a new wetland ©rdinan amendments will bring the city into full compliance w In addition, the ordinance changes the septic system make it consistent with the shoreland regulations. Staff recommends that the City Protection Ordinance. Attachments approval of the amendments the proposed "amendments to the Wetland 1. Memo from Diane Dosetelle dated February 14, 1994 2. Proposed Wetland Ordinance Amendment 3. Existing Chanhassen Wetland Ordinance 4. Planning Commission minutes dated March 2, 1994 Action by City WOW NW Endors Modifie - Date Dp Date Submitted to Commtssl6tt p -� d � Counul idments to the city's existing wetland on December 14, 1992. The proposed the Wetland Conservation Act of 1991. tback from 150 to 75 feet, which will has summarized the changes to the MEMORANDUM I L 1 Ll CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Kate Aanenson, Sr. Planner ' FROM: Diane Desotelle, Water Resources Coordinator DATE: February 14, 1994; Amended March 14, 1994 ' SUBJ: Wetland Protection Ordinance Amendment Summary ' 1. The main purpose for the amendment is 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 t Rules have the meanings given there. 2. 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. 3. Mitigation of wetlands will be performed at a replacement ratio required by state law. 4. Section 20 -413 (b) describes the technical evaluation panel that is described fully in the Act. 5. The list of exemptions have been removed since they are fully described in the Act. ' g bng\diane \wetlands \wc"rdamend.94 MEMORANDUM CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 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: Seca 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 10896 r12/17/93 1 i 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; (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. 10896 r12/17/93 2 Ll L (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. I 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. 10896 3 r12/17/93 it (6) Mitigation, through the buffer strip, shall provide landscaping for nesting and food for wildlife habitat. The buffer strip landscape shall 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 10896 r12/17/93 4 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. Jf 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) required by The applicant for a wetland alteration permit shall furnish the information 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 10896 r12/17/93 4 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: 1 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. 1 SECTION 12 . This ordinance shall be effective immediately upon its passage and I publication. PASSED AND ADOPTED this day of Council of the City of Chanhassen. , 1993, by the City I ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1993). 10896 r12/17/93 5 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 180 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING WETLANDS ' THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1 . Chapter 20, Article VI of the Chanhassen City Code is amended in its entirety to read: ' ARTICLE VI. WETLAND PROTECTION Sec. 20 -401. FINDINGS AND INTENT. (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. Sec. 20 -402. PURPOSE. The purpose of this Article 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 all wetlands within the City and maintenance of a comprehensive set of official City maps delineating wetlands. (2) Establishment of wetland regulations that are coordinated with flood protection and water quality programs under the Chanhassen Surface Water Management Plan. (3) Requiring sound management practices that will protect, conserve, maintain, enhance, and improve the present quality of wetlands within the community. 263 X11/30/92 (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 and controlling the harmful effects of land ' 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) Mitigating the impact of development adjacent to wetlands. ' (10) Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization. (11) Obtaining protective easements over or acquiring fee title to wetlands as appropriate. ' Sec. 20 -403. DELINEATION OF WETLANDS. , 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. ' A wetland is land that meets the definition of "wetlands" set forth in this Ordinance. Wetland boundaries and wetland types as established by officially adopted City maps shall be prima facie evidence of the location and type of wetland. The official maps shall be developed and maintained by the Planning Department. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to ' supply detailed information for review supporting the applicant's position. The applicant shall provide appropriate technical information, including but not limited to, topographical survey ' and soil data deemed necessary for the City to determine the exact wetland boundary. The Planning Director shall make a determination to maintain the officially designated wetland boundary or if the boundaries need to be corrected on City plans ' and maps based upon the data that is supplied. Data for vetland determination shall be certified by a registered engineer, surveyor, or a qualified wetland consultant. The applicant may , appeal the Planning Director's determination of the wetland boundary and type to the City Council. ' This Article establishes three (3).wetland types and one body type: 263 2 01/30/92 Wetlands. Pristine Wetlands that exist in a natural state and have special and unusual qualities worth protecting at a high level are called Pristine. These qualities include: outstanding vegetation community, native species population, rare or unusual species present, and habitat for rare wildlife species. ' Utilized Utilized water bodies created for the specific purpose of surface water runoff retention and /or water quality improvements. These water bodies are not to be classified as wetlands even if they take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. 1 Sec. 20 -404. NO NET LOSS. To achieve no net loss of wetland, except as provided under Section 20 -416 of this Ordinance, or authorized by a wetland alteration permit issued by the City, a person may not drain, grade, fill, burn, 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, will be fully mitigated so that there is no net loss of wetlands. Sec. 20 -405. STANDARDS. The following standards apply to all lands within and abutting a wetland: 1 263 (1) Septic and soil absorption system must be a setback minimum of one hundred fifty (150) feet from the ordinary high water mark of the wetland. (2) The lowest ground floor elevation is three (3) feet above ordinary high water mark of the wetland. (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six 3 X11/30/92 I'] Wetlands. Aq/Urban Wetlands that have been influenced by agricultural or urban - (residential, commercial, or industrial) land usage are called Ag /Urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degradation. As a result of these influences there is a loss of plant species diversity, overcrowding and domination by invasive species such as reed canary grass, and reduction in wildlife habitat. 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 wetlands are characterized by a diversity of plant species with mixed dominance of species. Other key factors include: presence of natural indicator species, good wildlife habitat, and being aesthetically pleasing. Wetlands. Pristine Wetlands that exist in a natural state and have special and unusual qualities worth protecting at a high level are called Pristine. These qualities include: outstanding vegetation community, native species population, rare or unusual species present, and habitat for rare wildlife species. ' Utilized Utilized water bodies created for the specific purpose of surface water runoff retention and /or water quality improvements. These water bodies are not to be classified as wetlands even if they take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. 1 Sec. 20 -404. NO NET LOSS. To achieve no net loss of wetland, except as provided under Section 20 -416 of this Ordinance, or authorized by a wetland alteration permit issued by the City, a person may not drain, grade, fill, burn, 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, will be fully mitigated so that there is no net loss of wetlands. Sec. 20 -405. STANDARDS. The following standards apply to all lands within and abutting a wetland: 1 263 (1) Septic and soil absorption system must be a setback minimum of one hundred fifty (150) feet from the ordinary high water mark of the wetland. (2) The lowest ground floor elevation is three (3) feet above ordinary high water mark of the wetland. (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six 3 X11/30/92 I'] Buffer ' Strip 20 -100' 10 -30' 0 -20' Of Buffer Strip ' Minimum Average Width 50' 20' 10' 0' % of Native Vegetation in Buffer Strip Entire Entire Optional Optional 263 4 r11/30/92 t (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. (5) The City's Best Management Practices Handbook shall be followed. t Bee. 20-406. w'ETLAND BU71►ER STRIPS AND SETBACKS, (a) For lots created after December 14, 1992 (date of ' ordinance adoption), a buffer str p shall be maintained abutting all wetlands. Buffer strip vegetation shall be established and maintained in accordance to the following requirements. Plant ' species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the City. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland edge. The buffer strips and structure setbacks shall meet the following standards: , Wetland Type Pristine Natural Ag /Urban Utilized , Principal 100' 40' 40' 0' Structure measured measured Setback from the from the '. outside edge outside edge of the of the buffer strip* buffer strip* , Buffer ' Strip 20 -100' 10 -30' 0 -20' Of Buffer Strip ' Minimum Average Width 50' 20' 10' 0' % of Native Vegetation in Buffer Strip Entire Entire Optional Optional 263 4 r11/30/92 t 1 1 1 n AG /URBAN WETLAND ILLUSTRATION COE DUFFER STREET WETUM � �� i FRakr v m I PROM WETLAND a Wn AND sUFFEM STUD (AIERAGE 10' DEATH) The dimensions of the buffer strips may be adjusted by the City based upon the quality of the wetland, local topographic conditions, and the type and design of development being proposed. The table above provides minimum and maximum dimensions for the buffer strip. The use of a meandering buffer strip to maintain a natural appearance, is encouraged. Structure setbacks are also described in the table. On single family subdivisions in the RSF district, the applicant must demonstrate that each lot provides sufficient area to accommodate the applicable front yard setback, 60 x 60' deep building pad, and a thirty (30) foot rear yard area. All of these elements must be provided outside of designated wetland and buffer strip areas. (b) For lots of record on (date of ordinance adoption) within wetland areas and for lands abutting a wetland area, the following minimum provisions are applicable unless alternative plans are approved by the City under a wetland alteration permit: Setback Principal Structure r 100' 75' 75• Utilized . Of The City may approve reduced wetland setbacks as outlined in subparagraph (a) above. 263 5 r11/30/92 agree to a substitute analysis. Sec. 20 -408. PERMIT REQUIRED. I Drainage, grading, filling, burning, 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. (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 263 6 r11/30/92 J . � r 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; the degree or ' (2) Minimizing the impact by limiting magnitude of the wetland activity and its implementation;- ' (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and , (5) Compensating for the impact by replacing or providing substitute wetland resources or environments. , A wetland alteration permit shall not be issued unless the proposed development complies within the provisions of the Mitigation Section of this ordinance, as well as the standards, ' intent, and purpose of this Article. If the City determines that the required calculations in a particular instance are needlessly burdensome because of the area and nature of a proposal, it may agree to a substitute analysis. Sec. 20 -408. PERMIT REQUIRED. I Drainage, grading, filling, burning, 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. (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 263 6 r11/30/92 J . � r 1 if the City determines that there is no reasonable alternative. (5) Discharge of storm water runoff in a manner that impacts the wetland. . Sec. 20 -409. FILLING. ' When a wetland alteration permit is issued allowing filling in a wetland, the following standards shall be followed: ' (1) Filling must be consistent with the Chanhassen Surface Water Management Plan. (2) 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. (3) Only fill free of chemical pollutants and organic wastes may be used. ' (4) Filling shall be carried out so as to minimize the impact on vegetation. (5) Filling in wetland areas will not be permitted during waterfowl breading season or fish spawning season, unless it is determined by the City that the wetland is not used for waterfowl breeding or fish spawning. (6) Filling in wetland areas will be required to be mitigated in accordance with the requirements of this Article. Sec. 20 -410. DREDGING /BZCAQATION /GRADING. When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed: (1) The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the 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 dredged area shall be limited to the minimum required for the proposed action. (5) Disposal of the dredged material is prohibited within the wetland area. 1 263 F r11/30/92 1 (6) Disposal of any dredged material shall include proper erosion control and nutrient retention measures. (7) Dredging in any wetland area is prohibi ted 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) Dredging in wetland areas will be required to be ' mitigated in accordance with the requirements of this Article if the activity results in a loss of functional wetland. Dredging to create water quality improvement ' basins may be allowed by the City where reasonable alternatives are not available or where the wetland is of low quality and.designated for this purpose by the Chanhassen Surface Water Management Plan. Sec. 20 -411. STORK WATER RUNOFF. when a wetland alteration permit is water runoff to discharge directly into standards shall be followed: issued allowing storm , a wetland, the following (1) An increase over the natural volume of storm water runoff from a development 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 existing wetlands. The restrictions on runoff set out below shall not be exceeded. Since the total increase in runoff which can be permitted is limited, the City, when considering permit applications, shall consider, in addition to the following, apportionment of increased runoff opportunity to all wetland property within the surrounding wetland area. (2) 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 habitat or increase turbidity. Sheet flow and other overland drainage of runoff shall be encouraged. (3) The allowed total increased runoff, in combination with the total fill allowed, shall not cause total natural flood storage or nutrient stripping capacity of the wetland to be reduced in a manner inconsistent with requirements established by the Chanhassen Surface Water Management Plan. Sec. 20 -412. MITIGATION. (a) Mitigation Intent Where wetland alteration is approved and mitigation is required, mitigation must result in an improvement to the wetland function and 263 8 X11/30/92 V - 1 L value. Mitigation plans must address water quality, improvement, and maintenance of pre- existing 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. Mitigation will not always be based solely on an acre to acre replacement, but may be based on replacement of habitat units (HU) through the use of habitat ' evaluation procedures. when significant improvements in the wetland value and function result, acre for acre surface area replacement may not be required. (b) Mitigation Standards Mitigation of wetlands for function and value should be restored, created, and enhanced to have the following characteristics: ' (1) Relatively stable water levels subject to natural fluctuations. (2) Pretreatment of inflow waters to improve quality. (3) High level of upland /lowland intermingling. (4) A ratio of open water to aquatic vegetation between 1:1 and 1:2. i (5) High degree of intermingling of open water and aquatic vegetation. ' (6) High level of plant species diversity. (7) Restoration of native plant species in upland and lowland areas. (8) Undisturbed upland /lowland edge (i.e., buffer). ' (9) Meandered wetland edge. (10) Irregular bottom contours - mix of shallow and deep water. (11) Shallow side and bottom slopes - preferable 10:1 to 30:1 around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability. ' (c) Mitigation-Techniques (1) Mitigation will be performed at a ratio required by state law. 263 9 r11/UM 263 (6) Mitigation shall maintain or enhance the wetland hydrological balance through the following: (2) The City will use the Habitat Evaluation - Flooding of previously drained wetland basins Procedures (HEP) to determine Habitat Units (HUs) - Creation of new wetlands to be replaced. (3) Mitigation should always result in an improvement prior to it entering the wetland to improve water to the wetland function and value. The wetland Water Management Plan. function and value will include improvement of (8) Mitigation, through the buffer strip, shall water quality, maintaining hydrological balance, wildlife habitat. The buffer strip landscape shall and provision of wildlife habitat. , (4) Mitigation will not always be based solely on an herbaceous plants) to encourage wildlife diversity acre to acre replacement, but may be based on and provide visual variety. replacement of habitat units (HU) through the use of habitat elevation procedures (appendix) at a ratio of 2:1. When significant improvements in the wetland value result, direct surface area ' replacement on a 2:1 basis may not be required. The City Council will determine when wetland impact will be allowed and the nature of mitigation which will be acceptable. (5) Mitigation shall provide a buffer strip as set forth in this Article. 263 (6) Mitigation shall maintain or enhance the wetland hydrological balance through the following: ' - Restoration of deteriorated wetlands - Flooding of previously drained wetland basins - Creation of new wetlands - Enhancement of existing wetlands (7) 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. (8) 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. (9) Wetland mitigation should be undertaken on -site. If this is not feasible, mitigation should occur locally within the sub- watershed. If this is not possible, mitigation should occur outside the rub - watershed, 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 10 X11/30/92 I it u P, 1 u n 1 fund. The mitigation performed off -site shall meet the above.requirements (10) The City may determine that the public interest is best served by requiring off -site wetland mitigation. This determination will be made based upon the City of Chanhassen's Surface Water Management Plan. When this situation arises or when the applicant is unable to restore wetlands on -site, the City will require payment into the dedicated Wetland Mitigation Banking Fund. This fund shall be used solely to create new and /or expand and improve existing wetlands according to the priorities outlined in this Article. The City Council shall establish the fee structure on an annual basis. Fees shall be based upon the average price for similar property elsewhere in the City. (d) Construction Management and Long Term Wetland Maintenance (1) The permit holder shall follow the City's best - management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat. (2) The permit holder shall conduct a monitoring program and evaluation until construction is completed. A letter of credit from the permit holder shall be held to ensure compliance similar to any other public improvement. The City will ensure that the permit holder is delivering the wetland that was promised. The permit holder shall demonstrate compliance with the designed wetland as -built plans. Where feasible, the City shall require the permit holder to satisfy long term management requirements. Bee. 20 -113. APPLICATION AND ISSUANCE OF PERMIT. 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 Planning 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. 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 263 11 r11/30/92 f ' U 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, stage the work over time, require the alteration of the site design to ensure buffering, require the provision of a performance security. Sec. 20 -414. INBPRCTION 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. Bee. 20 -415. EZPIRATION AND RENEWAL OF PERXIT. (a) Unless otherwise specified by the City Council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one (1) year after the date the Council approves the permit application. (b) The permittee shall provide written notice to the City twenty -four (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 after receipt of notice of completion. (c) If the permittee fails to commence work on the development within the time specified in this section, 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. (d) 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 of an extension shall state the reasons the permittee requires an extension. Bee. 20 -416. RYEMPTIONB. Activities exempted by Minnesota Statutes 103G.2241 from State Wetlands Protection shall be exempted from the provisions of this Article. However, certificates of exemption must be obtained from the City and filed with the County Recorder prior to starting work. The statutory exemptions include, but are not limited to: (1) Activities necessary to repair and maintain existing public or private drainage systems as long as wetlands .a 263 12 M1/30/92 that have been in existence for more than twenty (20) years are not drained. (2) Activities authorized under, and conducted in accordance with, an applicable general permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Clean Water Act, United States Code, Title 33, Section 1344, except that nationwide permit in Code of Federal Regulations, Title 33, Section 330.5, paragraph (a), clause (14), limited to when a new road crosses a wetland, and all of clause (26). (3) Placement, maintenance, repair, enhancement, or replacement of utility or utility -type service, including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio ser•+ce or communications if: - the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible; and - the proposed project significantly modifies or alters less than one -half acre of wetland. (4) Activities associated with routine maintenance of utility and pipeline rights -of -way, provided the activities do not result in additional intrusion into the wetland. (5) Alteration of a wetland associated with the operation, maintenance, or repair of an interstate pipeline. (6) Activities associated with routine maintenance of existing public highways, roads, streets, and bridges, provided the activities do not result in additional intrusion into the wetland and do not result in the draining or filling, wholly or partially, of a wetland. (7) Emergency repair and normal maintenance and repair of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and do not result in the draining or filling, wholly or partially, of a wetland. . (8) Normal maintenance and minor repair of structures causing no additional intrusion of an existing structure into the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland. (9) Development projects and ditch improvement projects in the state that have received preliminary or final plat 263 13 01/30/92 approval, or infrastructure that has been installed, or having local site plan approval, conditional use permits, or similar official approval by the City or other approving governmental body or agency after August 1, 1987.' Bec. 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 III of this Code. Bec. 20 -418. ENFORCIMNT PROCEDURES. (a) Violation of Article VI, Wetland Protection, or of the terms of a permit issued thereunder shall be a misdemeanor punishable by ninety (90) days in jail and a seven hundred dollar ($700.00) fine. (b) Any person who alters a wetland in violation of Article VI, 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. (c) Wetland reviews conducted by the City shall be coordinated with State of Minnesota Wetland Protection Statutes and rules. be (d) Notice of requested wetland alteration permits shall mailed to all property owners located within 500 feet of the requested activity. Notification requirements established by State of Minnesota Wetland Protection Statutes and official rules shall be coordinated with City approvals. Section 2 : Section 20 -1 of the Chanhassen City Code is- amended by deleting the following definitions: Class A Wetlands means wetland types 3 4, 5, 6, 7, and 8. In 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. Class B Wetlands means type 2 wetlands not adjoining a public waters designated as lake or pond nor within the 100 -year floodplain of a stream designed as public waters. Wetland Ty2es means classifications of wetlands as defined in U.S. Department of Interior, Fish and Wildlife Service, Circular 39 "Wetlands of the U.S._1956 ". 263 14 X11/30/92 Wetland Watershed means that,area of land from which water drains into a Class A "or Class B` wetland. Section 3 . Section 20 -1 of the Chanhassen City Code is amended by adding the following definitions: Buffer Stric means an area of nondisturbed ground cover abutting a wetland left undisturbed to filter sediment, materials, and chemicals. Habitat Evaluation Procedures (HEP) is a species - habitat data management system for impact assessment developed by the U.S. Fish and Wildlife Service. Its purpose is to document predicted impacts to fish and wildlife from proposed land and water resource development projects. Habitat quality for selected key species is described by an index, the Habitat Suitability Index (HSI). Habitat Suitability Index (HSI) is a fish or wildlife species- specific index value rating the ability of key habitat components to supply essential life requirements for the species. Index value ranges between 0 to 1.0. Habitat Units (HUI Habitat Suitability Index (HSI) multiplied by the area of habitat being evaluated. HU's are used for comparing habitat quality from one wetland to the next or for measuring the effectiveness of mitigation. HU's integrate both quality and quantity of habitat. Principal Structure The main building as distinguished from an accessory building or structure. Vegetation. Native -Native vegetation is the pre- settlement group of plant species native to the North American continent which were not introduced as a result of European settlement. Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) have a predominance of hydric soils; (2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances support a prevalence of such vegetation. 263 15 r11/30/92 r (4) wetlands does not include types 3 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are 2 -1/2 or more acres in size. Utilized Utilized water bodies created for the specific purpose of surface water runoff retention and /or water quality improvements. These water bodies are not to be classified as wetlands even if they take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. Wetlands. Aa /Urban Wetlands that have been influenced by agricultural or urban (residential, commercial, or industrial) land usage are called Ag /Urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degradation. As a result of these influences there is a loss of plant species diversity, overcrowding and domination by invasive species such as reed canary grass, and reduction in wildlife habitat. 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 wetlands are characterized by a diversity of plant species with mixed dominance of species. Other key factors include: presence of natural indicator species, good wildlife habitat, and being aesthetically pleasing. , Wetlands, Pristine Wetlands that exist in a natural state and have special and unusual qualities worth protecting at a high level are called Pristine. These qualities include: outstanding vegetation community, native species population, rare or unusual species present, and habitat for rare wildlife species. Section 4 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 14th day of December , 1992. ATTEST: C'-.-i� - Don Ashworth, Clerk /Manager Donald J. 2 , Mayor (Published in the Chanhassen Villager on December 24 , 1992.) ' 263 16 X11/30/92 t Planning Commission Meeting - March 2, 1994 I Harberts: I'll move approval that the Planning Commission recommends to the City Council approval of resolution that is attached to the staff report finding Modification No. 13 to the Redevelopment and Tax Increment Financing Plans consistent with the city's comprehensive plan. Scott: Is there a second? 1 t Mancino: Second. Harberts moved, Mancino seconded that the Planning Commission approve the resolution that is attached to the staff report (Attachment #3) finding Modification No. 13 to the Redevelopment and Tax Increment Financing Plans consistent with the city's comprehensive plan. All voted in favor and the motion carried unanimously. PUBLIC HEARING: AMENDMENT TO THE CITY CODE TO BRING THE WETLAND ORDINANCE INTO COMPLIANCE WITH THE WETLAND CONSERVATION ACT. Kate Aanenson presented the staff report on this item. Mancino: But it doesn't really say that. It says greater than or equal to 1:1 but not exceeding 2:1. Aanenson: Well this is out of the—ordinance of the State law and so that's what the State law language has to read. Mancino: So that means 2:1. Aanenson: But in layman's terms. Scott: No. Mancino: But that doesn't mean 2:1. It means between 1:1 and 2:1. Scott: That means 1.1 to 1 or something. That's not double mitigation. Ledvina: But not exceeding 2:1. Mancino: I have gotten the impression that, and I hadn't read anything that it was 2:1 now 109 f Planning Commission Meeting - March 2, 1994 1 but it isn't. Scott: Is there any reason why we can't be, why we can't say that this means mitigation of 2:1 will be required? I mean I think it's pretty silly to have this kind of language in there if it means you do 1.01 to 1 and that's it. That ain't 2:1. If we're serious about it, we should change that. Ledvina: But we don't necessarily want to limit them to 2:1 as a maximum. They could do 5:1. What's wrong with that? Harberts: So you're saying a minimum of 2:1? Scott: No. Ledvina: Or I mean a maximum. Mancino: Yeah, maybe it's a minimum of 2:1. 1 Ledvina: Or not saying that. I agree that in most applications it's a 1:1 mitigation. But what this says is it's not exceeding 2:1 which means that the maximum. I Aanenson: This is Diane's summary though. What you have to do is read it out of the ordinance... ' Mancino: So Matt you would like to see, not having a maximum of 20 Ledvina: Yeah. Why take the upper ceiling off. Mancino: And maybe a minimum should be 2:1. Harberts: Well if you look on page 3 Matt, Section 7. It says mitigation will be performed at a ratio required by State law. Aanenson: Right, there you go. Harberts: Does that take care o fit? Scott: But what's the State law? Is the State law what we see there? That's not 2:1. Aanenson: We're getting hung up on Diane's summary comments. I think what we need to 110 1 f Planning Commission Meeting - March 2, 1994 do is leave her comments ... I think what Diane's saying is that's kind of how the lay people are interpreting right now 2:1 but the State, what it says in the ordinance that we're adopting, that Diane pointed out, is mitigation shall be as followed by State law. Go by Roger's. Mancino: Can you be more aggressive than State law? Harberts: I think you'd have to have some very strong rationale. Otherwise you're going to be exactly consistently defending it. Aanenson: There's a criteria that it has to be placed on site... Ledvina: And we are reducing the setback from 150 to 75 feet. Aanenson: Correct. Ledvina: For septic. Aanenson: Right. Yeah, because it wasn't consistent with the house setback and you allowed the house to go 75 feet. But then we said for the septic they had to be 150 so for some reason, when we looked at, that was originally in the wetland ordinance and when we rewrote it, of course we just left it in without thinking about what it came up to down the line... Ledvina: Okay. t Scott: Well, are we ready for a motion? Mancino: I move that we accept, that we approve, that we adopt the proposed amendment to the Wetland Protection Ordinance. Harberts: Second. Mancino moved, Harberts seconded that the Planning Commission recommend to adopt the proposed amendments to the Wetland Protection Ordinance. All voted in favor and the motion carried unanimously. Scott: Now can I congratulate you on your appointment? I'd like to, on behalf of the Planning Commission congratulate Kate Aanenson as being appointed our new Planning Director and since Paul is not yet cold in his grave, I didn't want to do this at the beginning of the meeting. But anyway, and I'm pretty excited too about Paul's. I had a chance to talk 111 E d Planning Commission Meeting - March 2, 1994 1 to the Human Resources person from Aurora I think it's called, and I did my best to dissuade her from hiring him but obviously others had gotten there before. Ledvina: Aurora, is that? Aanenson: Auburn. Scott: Auburn. It's a town of about 35,000, near Seattle and Paul's got family out there and I guess his parents are going to relocate to that area. But anyway, are there any Administrative things that we need to, because I know everybody would like to get out of here. Aanenson: I just wanted to touch on, you were at the meeting Joe. On Monday night the City Council, you'll see Spinnaker's Wharf back. They tabled it. They wanted to see... What they decided on that is they felt it should go the traditional subdivision. Either coming in with the PUD with the 11,000 square foot minimum... which is already in place, or doing just a standard subdivision. Scott: And the direction was quite clear from the, they got kind of tied up in some ancillary stuff but I just made a quick comment and just said the reason why we sent it up is not that we didn't know what to do with it. We wanted some direction from them. Did they want to see 5,000 square foot minimum lots or 11,000? And we wanted direction if they wanted to change the ordinance. But they didn't and that's why it's back. Farmakes: By the way, this is the Boyer development. I was at the open houses here which are the ones that they had in Minnetonka. It's a $400,000.00 house. On 5,000 square feet. Harberts: And were they selling? Farmakes: Only one was left. , Scott: There's a market for it. Aanenson: And the other one was the Harstad one that you saw on Minnewashta and Kings Road. They also, the applicant did meet with us a couple days prior to the City Council meeting and he's leaning toward the direction that we had recommended. Mancino: Oh the park? ' Aanenson: With the park and the lot sizes and the reconfiguration so he asked that it be tabled instead of denied. You'll be seeing that back. 112 1 1 t r Planning Commission Meeting - March 2, 1994 Farmakes: Are you going to get to the Minutes? Scott: Yeah. So this is our Administrative Section here. Anything? Mancino: What are they doing on Highway 5? Aanenson: It's going to the City Council on the 28th. They'll be holding a public hearing. And I don't think at that time they'll, oh. What happens is I have two expiration terms in '94 and one in '95. Diane and Nancy and Joe so I was going to let you draw. Mancino: No we have them. They're up on our thing. I have a list. Scott: Really, what's mine? Mancino: We've got our expiration dates. Aanenson: Oh you do? Could you let us know. Mancino: Yes. APPROVAL OF MINUTES: Chairman Scott noted the Minutes of the Planning Commission meeting dated February 16, 1994 as amended by Jeff Farmakes on page 50, line 12. Changing the words "right attractive" to "bright attractant ". Mancino moved, Farmakes seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 1:05 a.m. Submitted by Paul Krauss Planning Director Prepared by Nann Opheim 113