4. Wetand ordinance 1
CITYOF
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iv CHANHASSEN
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I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City Admintst?stot
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1 Er,E be PwA
MEMORANDUM Aie'•
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TO: Planning Commission r Si: i = --- "�
a._ cd to Commissiori
FROM: Jo Ann Olsen, Senior Planner .?:;)seis ----,.......-
DATE: October 27, 1992 # a I
1 SUBJ: Wetland Ordinance
1 As part of the Surface Water Management Program, the city reviewed the existing wetland
ordinance. For some time, the city has wanted to update the wetland ordinance and propose
I changes where there have been weaknesses in its effectiveness. We also wanted to include
"state -of- the -art" understandings of methods to improve wetland protection while taking a more
reasoned approach. To begin the review of the wetland ordinance, a subcommittee was formed.
I The subcommittee consisted of members of the Surface Water Management Program Task Force,
members from the original Wetland Committee, who were responsible for the existing wetland
ordinance, staff and the city's consultant, Frank Svoboda. Part of this process also included
1 having all of the city wetlands mapped. The wetland inventory was performed by two wetland
experts hired by the city. Each wetland was located on the aerial/topography plans and then each
wetland was site visited to locate the ordinary high water mark and to determine the
1 characteristics of the wetland.
The draft wetland ordinance was completed by the subcommittee and then presented to the
I SWMP Task Force for their comments. The draft being presented to the Planning Commission
contains the most recent changes made by the SWMP Task Force. The proposed wetland
I ordinance has also been reviewed by the City Attorney.
The draft wetland ordinance is attached to this cover memo and should be reviewed in detail.
I What is being proposed, in certain aspects, has not been done before, and as a result we are once
again at the forefront of wetland protection. During this whole process, we have worked with
the new state law (Wetland Conservation Act - WCA) and what the regulatory rules may be. We
I have also used the knowledge of wetland experts to incorporate new means of protecting
wetlands. The new state law and rules are not yet finalized and may be significantly revised.
The changes could result in the addition of regulatory agencies having a say in local wetland
1 enforcement. Our ordinance is consistent with the intent of the law and many of its provisions.
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Planning Commission
October 27, 1992
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Depending upon what is finally adopted, we may need to amend the ordinance at some point in
' the future. For the interim, we believe it is very important to adopt our ordinance and show
that local governments can effectively administer wetland regulations. The following is a
summary of some of the major changes to the wetland ordinance.
' 1. CHANGE THE CLASSIFICATION OF WETLANDS.
' Currently, our wetland ordinance has two classifications of wetlands; Class A (types 3 -8, Circular
39) and Class B (types 2, Circular 39). Essentially, Class B wetlands were allowed to be altered
with mitigation and Class A wetlands were typically required to remain untouched. One of the
problems with just the two classifications was that the wetlands were not just "good" or "bad"
wetlands. Also, many times a Class B wetland would be allowed to become a storm water pond,
but still be under wetland regulations. This caused several problems and misunderstandings.
' What we are proposing is three classifications of wetlands; Pristine, Natural and Ag/Urban. We
have also added a definition of utilized which is not protected as a wetland.
' Pristine - High valued wetlands which have few visible signs of significant impact
by agriculture or urbanization. Pristine wetlands are considered to be areas which
all development is prohibited and for which the greatest amount of protection will
' be provided. Should not receive untreated surface water drainage.
• Natural - High to moderate valued wetlands that have suffered from some impact
but which offer or can be improved to offer high wetland values and functions.
May be impacted by development only when the city finds there to be no
reasonable or prudent alternatives. Wetland mitigation must be designed to offer
improved value and function. Should not receive additional amounts of untreated
surface water drainage from projects being considered for approval.
t • Ag/Urban - Moderate to low valued wetlands. May be impacted by development
contingent upon the provision of mitigation/replacement plans. The city
encourages the provision of replacement/mitigation plans that serve to improve
value and function to allow reclassification to natural wetland status. May directly
receive surface water drainage.
• 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.
These definitions of wetlands fit in with how we have been working with wetlands. A pristine
wetland is a unique and rare wetland which under no means should be altered. The city has two
pristine wetlands located near the old Assumption Seminary. These wetlands will have increased
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Plannin g Commission 1
October 27, 1992
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setbacks, buffer strips and now that we know where they are, we can influence off -site impacts.
A natural wetland is what we have in the past called "good" wetlands with little or no previous 1
alteration and ones which should be protected. An ag/urban wetland is similar to the Class B
wetland, one which has experienced alteration, and has the potential to either be improved to a
Natural classification, is a good candidate for a storm water pond with reclassification to utilized
or can remain as is. The fourth classification is utilized. This classification is not a wetland, but
rather a storm water pond or some other similar use. A utilized water body will not be protected
as a wetland with a setback, buffer strip and regulated uses. We have added this classification
to prevent the problems we have had in the past with wetlands being altered to accommodate
storm water retention yet still having to meet the wetland regulations. We also have cases where
storm water ponds are created and then take on wetland characteristics. There were
misunderstandings whether these ponding areas should now be protected as a wetland. This
prevented the ponding areas from being maintained without complications.
The four classifications will simplify enforcement of wetland regulations and should be easily
understandable to all who are involved. These definitions can also be translated into the "circular
39" and cowardin wetland classification system used by other agencies. The wetland inventory
provides one of the four designations for each wetland. The wetland maps and informational
sheets will be available at the Planning Commission meeting. We suggest that you find a
wetland near you and see what you think it should be and then we will look at it at the Planning
Commission meeting.
2. WETLAND BUFFER STRIPS AND SETBACKS 1
Currently, the wetland ordinance requires a 75' setback for structures. There is no regulation on
what can take place within the 75' setback. One of the problems we have had with the current
wetland ordinance is that we could require a structure to be 75' from a wetland edge, but the area
within the setback could be altered (such as a manicured lawn area) so that the wetland was not 1
really being protected. One of the ways we felt could improve this situation was to require an
undisturbed buffer area around the wetland. A buffer strip would provide habitat and food for
wildlife and would provide an additional "trap" for sediment and nutrients. The buffer strip is
being required in addition to the setback. Staff felt the setback could be reduced from 75' since
we will now be getting a buffer strip which will better protect the wetland than just a setback.
The setback and buffer strip are different for each classification of wetland. There is also a
requirement for all or a portion of the buffer strip to be vegetated with native vegetation, if such
does not already exist. 1
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Planning Commission
October 27, 1992
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I Pristine Natural ARJUrban Utilized
Structure
Setback 100' 40' 40' 0'
I measured measured
from the from the
, outside edge outside edge
I of the buffer of the buffer
yard* yard*
1 Buffer Strip* 20 -100' 10 -30' 0 -20' 0'
Buffer Strip
1 Minimum Average
Width 50' 20' 10' 0'
1 % of Native entire entire optional optional
Vegetation **
in Buffer
1 Strip
I * The dimensions of the buffer strips shall be determined 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
I 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
I sufficient area to accommodate the applicable front yard setback, 60' x 60' building pad,
and a 30 foot rear yard area. All of these elements must be provided outside of
designated wetland and buffer strip areas.
1 ** Native Vegetation:
Restore disturbed areas in appropriate native ecosystem including native trees and
1 shrubs.
4. For development approved prior to (date of ordinance adoption) within
1 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:
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Plannin g Commission I
October 27, 1992
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TABLE OF WETLAND CLASSIFICATIONS
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Pristine Natural AQ/Urban Utilized
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Setback
1 Principal 100' 75'* 75' 0'
Structure
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For development approved prior or to the adoption of the new wetland ordinance, the existing
setback of 75' with, no buffer strip, is required (except for pristine wetlands).
3. MITIGATION
The current ordinance does not address mitigation. We have always required mitigation on at I
least a one to one ratio for any alteration approved as part of the wetland alteration permit. The
mitigation required by the city always resulted in a wetland of equal or better function and value. I
In doing, this Chanhassen was ahead of its time. Although the verdict is still out on what type
of mitigation is the best (and if any mitigation actually "replaces" a natural wetland) a lot of
progress has been made with mitigation. The new state law (WCA) is also influencing mitigation I
requirements. We have addressed the new wetland technology and the new state law
requirements.
Currently, the interim state law requires a one to one ratio in area for mitigation. With the
implementation of the final rules, this could be changed to two to one. What we have done in
the past, and want to continue to do, is to not just look at mitigation in area but to take function
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and value into consideration. Any mitigation must result in an improvement to 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 1
procedures (see attached). If significant improvements in the wetland value and function result,
acre for acre surface area replacement may not be required. The wetland ordinance also goes
into detail on mitigation standards and techniques.
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4. MISCELLANEOUS
There have been several changes to the format of the ordinance to make it more understandable.
We have emphasized our intent to "avoid ", "minimize" and "mitigate ". This is referred to as
"sequencing" of wetland impact decisions under the state law. 1
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1 Planning Commission
October 27, 1992
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I PLANNING COMMISSION UPDATE
The Planning Commission reviewed the proposed wetland ordinance on November 4, 1992. The
Planning Commission recommended a few minor changes to the ordinance and then unanimously
recommended approval of the wetland ordinance. The changes recommended by the Planning
Commission are included in the attached draft for City Council review.
1 RECOMMENDATION
I Staff recommends the City Council approve first reading of the Wetland Ordinance as shown in
Attachment #1.
1 Attachments
1. Wetland Ordinance dated November 17, 1992
1 2. Planning Commission minutes dated November 4, 1992
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. '
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. 1
(3) Requiring sound management practices that will protect,
conserve, maintain, enhance, and improve the present
quality of wetlands within the community.
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(4) Requiring measures designed to maintain and improve
water quality in streams and lakes.
1 (5) Protecting and enhancing the scenic value of wetlands.
(6) Restricting and controlling the harmful effects of land
1 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.
1 (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
11 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
11 boundary or if the boundaries need to be corrected on City plans
and maps based upon the data that is supplied. Data for wetland
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:
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Wetlands. Ag /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. ,
Sec. 20 -404. NO NET LOSS.
To achieve no net loss of wetland, except as provided under 1
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) 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 1
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
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1 (6) to eight (8) inches above the ground level,
whichever is greater.
1 (4) Access across a wetland shall be by means of a
boardwalk and only upon approval of a wetland
alteration permit.
1 (5) The City's Best Management Practices Handbook shall be
followed.
II Sec. 20 -406. WETLAND BUFFER STRIPS AND SETBACKS.
(a) For development approved after (date
II of ordinance adoption), a buffer strip shall be maintained
abutting all wetlands. Buffer strip vegetation shall be
established and maintained in accordance to the following
I 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
II 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:
II
Wetland Type Pristine Natural Act /Urban Utilized
II Principal 100' 40' 40' 0'
Structure measured measured
Setback from the from the
11 outside edge outside edge
of the of the
buffer strip* buffer strip*
II
Buffer
II Strip 20 -100' 10 -30' 0 -20' 0'
Buffer Strip
I Minimum
Average Width 50' 20' 10' 0'
1 % of Native
Vegetation in
Buffer Strip Entire Entire Optional Optional
II
II
II
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AG /URBAN WETLAND ILLUSTRATION
BUFFER 7 1
( s - 1 :/ VIEnAND
(
00'11/W I HOME
FRONT YARD I BUFFER
SEM 40' )
( I 1 10'
1 I 1
0' EA
WETLAND BUFFER STRIP
(MIERAGE 10' DEPTH)
1
The dimensions of the buffer strips may be adjusted by the City 1
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 1
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 development approved prior to (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:
Pristine Natural Ag /Urban Utilized
Setback
Principal 100' 75' 75' 0'
Structure 1
The City may approve reduced wetland setbacks as outlined in
subparagraph (a) above.
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Sec. 20 -407. WETLAND ALTERATION.
An applicant for a wetland alteration permit shall adhere to
1 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
1 magnitude of the wetland activity and its
implementation;
(3) Rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
1 (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
1 agree to a substitute analysis.
Sec. 20 -408. PERMIT REQUIRED.
' 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
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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. 1
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. 1
(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 1
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 /EXCAVATION /GRADING.
When a wetland alteration permit is issued allowing 1
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.
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Disposal of any dredged material shall include proper
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erosion control and nutrient retention measures.
' (7) Dredging in any wetland area is prohibited during
waterfowl breeding season or fish spawning season,
11 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
11 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. STORM WATER RUNOFF.
When a wetland alteration permit is issued allowing storm
water runoff to discharge directly into a wetland, the following
standards shall be followed:
(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
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value. Mitigation plans must address water quality, 11
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 1:2 and 1:2.
(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.
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(2) The City will use the Habitat Evaluation
Procedures (HEP) to determine Habitat Units (HUs)
' to be replaced.
(3) 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.
(4) 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 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.
(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 it 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
sub- 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
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fund. The performed mitigation erformed off -site shall meet
g
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
(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 1
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.
Sec. 20 -413. APPLICATION AND ISSUANCE OF PERMIT. 1
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
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ensure 4u
compliance with requirements contained in this Article.
P
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. INSPECTION OF WORM.
The City may cause inspection of work for which a wetland
' alteration permit is issued, at the applicant's expense, to be
made periodically during the course of such work and shall cause
final inspection to be made following the completion of the work.
Sec. 20 -415. EXPIRATION AND RENEWAL OF PERMIT.
(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.
11 (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
11 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.
Sec. 20 -416. EXEMPTIONS.
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
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1
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
service or communications if:
- the impacts of the proposed project on the 1
hydrologic and biological characteristics of the
wetland have been avoided and minimized to the
extent possible; and 1
- 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, 1
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. 1
(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
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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. ENFORCEMENT 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.
(d) Notice of requested wetland alteration permits shall be
1 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
11 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 Types means classifications of wetlands as defined
in U.S. Department of Interior, Fish and Wildlife Service,
Circular 39, "Wetlands of the U.S. 1956 ".
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1
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 Strip 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 (HU). 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 1
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.
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1
4 wetlands does not include types 3, 4, and 5 wetlands,
( ) yP � �
as defined in United States Fish and Wildlife Service
1 Circular No. 39 (1971 edition), not included within the
definition of public waters, that are 2 -1/2 or more
acres in size.
1 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, Acs /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.
1
Section 4. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1992.
1 ATTEST:
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1992.)
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