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B-1-3. Slow no Wake Zone; Chapter 19 & 20 Storm water; Wetland Protection Ordinance Y t 4 E3 �1 0� 9 w CITY OF ClIANIIASSEN S Chanhassen isa Community for Life-Providing for Today and Planning for Tomorrow 4' H AS MEMORANDUM TO: Kate Aanenson, Community Development Director FROM: Terry Jeffery, Water Resources Coordinator DATE: January 3, 2017 b YSLcit SUBJ: City Code Updates Public Hearing for Section 20-401 through 20-421 and Section 18-63 PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the ordinance amending Chapters 18 and 20 of the Chanhassen City Code." Chanhassen is required by state statute to develop and update a local water management plan. In response to changes in federal, state and local regulations as well as advances in watershed science,we are in the process of updating our local water management plan. Local controls, i.e. City Code, are part of the local water management plan. This report is intended to summarize activities related to three articles of Chanhassen City Code: Article III of Chapter 6, "Watercraft Operating Regulations"; Article VII of Chapter 19, "Surface Water Management"; and Article VI of Chapter 20, "Wetland Protection." The changes to chapters 19 and 20 are intended to comply with the aforementioned regulatory requirements and to incorporate emerging practices within watershed and surface water management. WETLAND PROTECTION Chanhassen had adopted a wetland protection ordinance prior to the passage of the MN Wetland Conservation Act(WCA). This wetland alteration permit (WAP)process does not always align well with the timeline for the WCA permitting process. In an effort to eliminate redundancies, staff is suggesting that the WAP process follow the WCA process. PH 952.227.1100• www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Kate Aanenson Wetland Protection, Surface Water Management and Slow No-Wake January 3,2017 Page 2 Staff has also been evaluating the impact the three disparate buffer rules for the watershed organizations with authority in Chanhassen will have on our current buffer rules. It appears that any effort to make our buffer rules compliant with all other sets of rules will further complicate an already complicated array of buffer COMPARATIVE DISTANCES EXISTING- requirements and may result in more BUFFERS ONLY variance requests. The attached code update, to provide an example, shows the effect of 75 80 bringing our buffer rules into alignment with =- z5 50 50 Minnehaha Creek Watershed District 40 s 40 2r 40 20 E 20`• (MCWD) and Carver County WMO. This CHAN MCWD RPBCWD CCWMO would not be compliant with the Riley Entity Purgatory Wetland Protection Rule. •MANAGE CLASS I ■MANAGE CLASS II MANAGE CLASS III •MANAGE CLASS IV Figure 1. Existing average buffer widths for various wetland Both watershed districts have exempted classification by regulatory entity. existing single family residences from the rule, instead opting for alternate minimum buffer requirements. Figure 1 shows the current buffer distances for each entity with authority in Chanhassen. It must be noted that this does not include setbacks from the buffer for primary and secondary structures. No watershed organizations require a setback from the buffer. However, this is not realistic from a planning and site plan perspective. For instance, if a builder is allowed to construct a home up to the buffer edge there will be no opportunity for the future homeowner to install a deck,patio or other appurtenant structure commonly associated with residential construction. For this reason, Chanhassen as well as every other municipality staff is aware of, requires some setback from wetland buffers. With this in mind, under existing rules, the cumulative encumbrances are as shown in Figure 2. This shows the combined distance of the COMPARATIVE TOTAL DISTANCES- buffer and requisite setback from that buffer EXISTING for the various entity. As was stated earlier, no watershed organization required setbacks r 80 80 A 75 from the buffer. It is for this reason that only 8, " 60 50 46.5 r ----- -- 50 50 50 the Chanhassen encumbrance changes. s 1 _ 4° 30 20_ 40 20 CHAN• MCWD RPEICWD CCWMO In all cases, except for manage classification Entity II in the Riley Purgatory Bluff Creek •MANAGE CLASS I •MANAGE CLASS II ■MANAGE CLASS III a MANAGE CLASS IV Watershed District(RPBCWD) governed Figure 2.Existing cumulative encumbrance for various wetland wetlands, Chanhassen's total encumbrance is classification by regulatory entity. greater. Staff has pointed this out to staff from Kate Aanenson Wetland Protection,Surface Water Management and Slow No-Wake January 3,2017 Page 3 both MCWD and RPBCWD and requested their opinion about equivalent protections. The MCWD staff felt it would not be equivalent protections as the setback area could be mowed, landscaped, gardened, or subject to other activities. In addition, the first half of the buffer, as measured from the house to the wetland, could have patios, retaining walls,pools, sheds, etc. In other words, the setback, be it primary or secondary, would not be maintained as a well- established, naturally vegetated buffer and would not provide the same water quality and habitat benefits. RPBCWD has not yet made a determination but informal conversations with their staff and managers indicates they have a similar position regarding the equivalencies. If Chanhassen amends the buffer requirements to be compliant with all regulatory entities and reduces the setback to 15 feet for the primary structure and all together eliminates the secondary structure setback, the resulting total encumbrance would be as shown in figure 3. COMPARATIVE TOTAL DISTANCES- Staff believes this would result in compliance PROPOSED with all wetland protection rules of applicable regulatory entities. 90 75 75 80 8_. X55 _ _ _. 60 E _ 50 However, as stated earlier, staff feels this may o= 35` 4D 20 result in variance requests. However, as both CHAN•• MCWD RPBCWD CCWMO RPBCWD and MCWD have exempted existing Entity residential homes by providing alternate ■MANAGE CLASS I ■MANAGE CLASS II r MANAGE CLASS III ■MANAGE CLASS IV minimum buffer requirements, this may not be Figure 3.Proposed cumulative encumbrance of buffer and 15' the case. setback. The simple fact remains however,that the various entities rules will be in effect. The difference is in whether the applicant needs to go to the watershed or the city for permissions. Staff will be evaluating three scenarios: 1. Keep our existing buffer rules and the applicant will need to go to the applicable watershed entity for permissions. This also means that the watershed entity will be responsible for enforcement of the buffer rule. 2. Amend our buffer rules to be consistent with some but not all entities as shown in the attached code revision. This has the highest probability of adding to the confusion. 3. Change our rules to meet the most restrictive entity rules. This will keep permitting authority with the city and provide a uniform set of buffer standards throughout all of Chanhassen. Other changes include: 1. Clarification about what is considered an impact such that it is consistent with all jurisdictional agencies. Regardless of how buffers are handled, it is staffs contention Kate Aanenson Wetland Protection,Surface Water Management and Slow No-Wake January 3,2017 Page 4 that Local Government Unit(LGU)responsibilities for the administration of the WCA should remain with the city. 2. Clarification about submittal requirements for wetland delineations and wetland alteration applications. 3. Reconciliation with Minnesota Rules references. The following code revisions primarily occur to chapters 19 and 6 and will be vetted to the public at a yet to be determined date in front of the City Council. Changes to the surface water management section of code, as well as precious changes to Chapter 4, will result in some small ancillary changes to chapter 18 and will be addressed in this memorandum. SURFACE WATER MANAGEMENT Article VII of Chapter 19 addresses erosion prevention, sediment control, and permanent stormwater management. The revisions will divide land disturbing activities into three(3) categories: new development, re-development, and linear transportation projects and will set thresholds and performance standards for each. Currently, Chanhassen City Code has no minimum threshold for determining when permanent stormwater management practices need to be implemented. Instead, Code reads that anytime there is a site plan or subdivision that the performance standards must be met. The change will also have a volume reduction requirement consistent with the Minimum Impact Design Standards (MIDS) which is, in turn, consistent with the National Pollution Discharge Elimination System Municipal Separate Storm Sewer System (MS4)permit. Where possible,the Code revisions endeavor to be consistent with all four watershed district rules. The significant changes are as follows: 1. Clearly defined thresholds for when the standards must be met. a. Land disturbance 1 acre or more. This is consistent with the NPDES Construction permit. b. Addition of Y2 acre of new or fully reconstructed impervious surface. This is consistent with the MS4 permit. c. Land disturbance of% acre or more AND drains to impaired or special water. This is a result of anti-degradation and TMDL compliance. Addition of 10,000 square feet of new or fully reconstructed impervious surface and drains to a special or impaired water. This is a result of anti-degradation and TMDL compliance. d. Subdivision creating four(4) or more new lots of record. 2. Volume reduction requirement consistent with the Minimum Impact Design Standards. This is generally 1.1 inches off new impervious surface. Water quality standards remain unchanged. Kate Aanenson Wetland Protection,Surface Water Management and Slow No-Wake January 3,2017 Page 5 3. The use of the more robust Atlas 14 climatological dataset rather than the Technical Paper 40. 4. The inclusion of flexible treatment options for restricted sites. 5. Topsoil management requirements consistent with Carver County rules. 6. Requirements for inspections and maintenance of private and public systems. Engineering staff will be updating the Standard Details and Specification Manual to incorporate clear guidance for developers, land owners, and consultants. These will be included as an appendix in the updated local water management plan. As the current National Pollution Discharge Elimination System permits focuses on volume reduction, which is consistent with current surface water management science, Chanhassen modified how Surface Water Management connection fees are calculated and collected. This will result in changes to Section 18-63 of city code as shown in the attachment. Changes will also be required for Section 20-109 to make site plan review consistent with current rules. Staff is recommending that these code updates take place as soon as possible with the remaining changes to surface water management and wetland protection code taking place concurrent with the Surface Water Management Plan update. SLOW-NO WAKE Section 6-49 of Chanhassen City Code addresses special slow-no wake restrictions. In 2005, the special restrictions for slow-no wake were imposed upon Lake Susan and Lotus Lake. Staff recommended that the special restrictions be applied to all recreational lakes at that time. It was decided to apply them only to the two aforementioned lakes. In June of 2014, the area saw extended precipitation and the result was record high water levels on Lake Minnewashta and near record elevations on Lake Riley. These events prompted the Minnesota Department of Natural Resources to issue emergency slow no wake for all area lakes. City staff heard from several homeowners about the damage the high water levels and on-going recreational activities were causing to their property. City staff also heard from residents that were concerned that the emergency restriction was unwarranted and interfered with their planned activities. Eden Prairie has already adopted a slow-no wake ordinance for Lake Riley. Their ordinance does not go into effect until Chanhassen updates our ordinance. Staff has met with the Lake Minnewashta Preservation Association (LMPA) and presented the proposed changes to them. In addition, staff made the draft available for the LMPA to make available on their web page and via email. Staff has not received any comments based upon this distribution. Staff is recommending that the ordinance be adopted as shown in the attached document. Kate Aanenson Wetland Protection,Surface Water Management and Slow No-Wake January 3,2017 Page 6 SCHEDULE The Local Water Management Plan must be adopted no sooner than January 1, 2016 but before December 31, 2018. It is staff's intention to approximate the comprehensive plan update schedule, this includes any local controls to be updated, and included, as part of the Local Water Management Plan update: Article VII of Chapter 19 and Article VI of Chapter 20. The comprehensive plan schedule is for adoption at the end of 2017. Section 18-63 shall be updated as soon as possible so it is consistent with code revisions made earlier in 2016 to Chapter 4. Staff is requesting a motion from the Planning Commission supporting the proposed changes to Chapter 18 to be brought to City Council at the earliest available meeting. Staff has had several conversations with Eden Prairie staff It is the desire of Eden Prairie to have the slow-no wake amendment in place for the 2017 boating season. Chanhassen staff agrees with this goal and will bring the proposed amendment before on City Council prior to the Memorial Day weekend. ATTACHMENTS 1. City Code- Slow-no wake areas 2. City Code- Erosion and sediment control 3. City Code - Site Plan Review 4. City Code—Wetland Protection g:\eng\terry\code\code revisions\memojlanningcommission 2017jan3_formatted Sec.6-49.-Slow-no wake areas. (a) No person shall operate a watercraft in any marked slow-no wake areas in excess of slow-no wake speed. Slow-no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources.The location and boundaries of each slow-no wake area established are shown on that certain map entitled Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city hall. The map and all notations, references and data thereon are hereby incorporated by reference into this article and shall have the same force and effect as if fully set forth and described herein. (b) Emergency slow-no wake areas may be established by resolution of the city council and shall be marked in accordance with the appropriate regulations of the state department of natural resources and posted at all public accesses. (c) Special slow-no wake restrictions. (1) Lotus Lake: All persons shall operate watercraft at a slow-no wake speed on Lotus Lake whenever the water elevation meets or exceeds the 100-year predicted level flood elevation for Lotus Lake of 896.8 MSL as set forth in tho 1994 Surface Water Management Plan.The slow-no wake surface zoning shall remain in place until the water elevation drops below the 100-year flood elevation of 896.8 MSL for three consecutive days. --- •- - -- - - - - - - - restriction, notice will be given: a. On a sign posted at tho public access. b. On the City of Chanhasccn web page. c. On the City of Chanhassen Clean Water Hotline. c. In an e mail format to known representatives on Lotus Lake. g. To the public by othor appropriate moans determined by council. (2) Lake Susan: All persons shall operate watercraft at a slow-no wake speed on Lake Susan whenever the water elevation exceeds 882.5. The slow-no wake surface zoning will remain in place until the water level drops below 882.5 for 72 hours three consecutive days. erg a. On a sign posted at the public access. f. To the Carver County Sheriffs Department. (3) Lake Riley:All persons shall operate watercraft at a slow-no wake speed on Lake Riley whenever the water elevation meets or exceeds the 100-year flood elevation for Lake Riley of 866.0 MSL. The slow-no wake surface zoning shall remain in place until the water drops below the 100-year predicted level of 866.0 MSL for three consecutive days. Page 1 (3) Lake Minnewashta: All persons shall operate watercraft at a slow-no wake speed on Lake Minnewashta whenever the water elevation meets or exceeds the 100-year flood elevation for Lake Minnewashta of 944.8 MSL. The slow-no wake surface zoning shall remain in place until the water drops below the 100-year flood elevation of 944.8 MSL for three consecutive days. (d) Upon the placement of a slow-no wake restriction, notice will be given: (1) On a sign posted at the public access. (2) On the City of Chanhassen web page. (3) On the City of Chanhassen Clean Water Hotline (4) On the Community Cable Access Channel. (5) In an e-mail to representative of applicable lake association if known. (6) To the Carver County Sherriff's Department. (7) In the case of Lake Riley, in a communication to the Public Works Director for the City of Eden Prairie (8) To the public by other means as may be deemed appropriate by council. (de) Watercraft utilized by resource management, emergency and enforcement personnel, when acting in the performance of their assigned duties, shall be exempt from the provisions of this section. (f) Part(c)shall not apply to float planes during takeoff or landing but shall apply while taxiing. (Ord. No. 73, § 5.06, 7-11-83; Ord. No. 356, § 7, 12-8-03; Ord.No.418, § 1,5-8-06; Ord.No. 419, § 1, 5-22-06) Page 2 Sec. 18-62.-Erosion and sediment control. (a) The development shall conform to the topography and soils to create the least potential for soil erosion. (b) The smallest practical increment of land shall be exposed at any one time during development. (c) Detailed requirements for each plat shall be set forth in the development agreement. (d) Subdivision development shall conform to the city's surface water management plan and section 19- 145 of the Chanhassen City Code. (Ord. No. 33-D, § 6.7,2-25-85; Ord.No. 178, § 1, 10-26-92; Ord. No. 318, § 1,4-23-01; Ord. No.443, §§ 1,2,2-12-07; Ord.No. 524, § 2, 6-27-11) Sec. 18-63.-Surface water management. (a) All subdivisions shall comply with the city's most recent surface water management plan dated August 2896, which is incorporated herein by this reference. (b) In accordance with the city's surface water management plan as a condition of subdivision approval, subdividers shall pay a - - :-- ' - - - - e--• surface water management connection charge. The charge shall be based upon the gross area of the subdivision less the area to be dedicated to the city for ponding, parks and wetland, and right-of-way for state highways, county roads, and local arterial roadways. The connection charges per acre : - :-- • -•- - - ---• • are outlined in subsection 4-30(c)3. The subdivision will be given a credit for on-site stormwater gaatity improvements that are designed to treat reduce runoff volume from the subdivision to NURP standards_. The credit will be calculated using the following formula: The per acre water quality - used to calculate credits The per acre surface water management connection fee will be multiplied by twenty-five percent of the percentage of 1.1 inch of runoff from all impervious surface that is abstracted. The charge for lots oversized due to individual on-site sewage disposal and water systems will be reduced to the charge that would be imposed on a one-half-acre lot.An additional charge will then be imposed if the lot is further subdivided less a credit for the charge previously paid. The charge shall be paid in cash before the subdivision is approved by the city unless the city and subdivider agree that the charge may be assessed against the property. - e-'• e".•- -et. •-• - " "• - e . being zoned to a clarification with a higher charge. (c) Within the Bluff Creek Overlay(BCO)District,meet the additional purpose, intent and standards of the BCO District. (Ord.No. 33-D, § 6.8,2-25-85; Ord.No. 225, § 1, 10-24-94; Ord.No. 286, § 2, 12-14-98; Ord. No. 324, § 20, 7-9-01; Ord.No. 389, § 1, 1-10-05; Ord.No. 443, §§ 3,4, 2-12-07) Page 1 DIVISION 6.-SITE PLAN REVIEW Footnotes: ---(5)--- Editor's note—Ordinance No. 119, adopted Feb. 12, 1990, amended former div. 6 in its entirety to read as set out in§§20-106-- 20-121. Prior to amendment, div. 6 contained §§20-106 -20-108, which pertained to site plan review and derived from Ord. No. 80,Art. Ill, §§6(3-6-1-3-6-4), adopted Dec. 15, 1986. Sec.20-106.-Purpose. It is the intent of this division to serve the public interest by promoting a high standard of development within the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified development,the city seeks to accomplish the following: (1) Implement the comprehensive plan. (2) Maintain and improve the city's tax base. (3) Mitigate to the extent feasible adverse impacts of one land use upon another. (4) Promote the orderly and safe flow of vehicular and pedestrian traffic. (5) Preserve and enhance the natural and built environment. (6) Within the HO districts, meet the additional purpose, intent and standards of the HC districts. (7) Within the BCO district, meet the additional purpose, intent and standards of the BCO district. (Ord. No. 119, 2-12-90; Ord.No. 212, § 3, 7-11-94; Ord.No. 286, § 5, 12-14-98) Sec.20-107.-Approval required. Without first obtaining site and building plan approval it shall be unlawful to do any of the following: (1) Construct a building. (2) Move a building to any lot within the city. (3) Expand or change the use of a building or parcel of land or modify a building,accessory structure or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking. (Ord.No. 119, 2-12-90) Sec.20-108.-Exceptions. Notwithstanding the provisions of section 20-107, the following shall not require site or building plan approval: (1) Construction or alteration of a single-or two-family residential building or accessory building on a lot zoned for residential use; Page 1 (2) Enlargement of a building by less than ten percent of its gross floor area, provided that there is no variance involved and also provided that the community development director has conducted an administrative review pursuant to section 20-113; (3) Changes in the leasable space of a multitenant building where the change does not intensify the use or require additional parking beyond the capacity of the site; (4) Construction of buildings for agricultural uses on land zoned and utilized for agricultural purposes; (5) Moving a residence or accessory building to any lot zoned A-2, PUD-R, RR or RSF; provided that the lot and structure siting comply with all applicable zoning ordinance standards. (Ord.No. 119, 2-12-90; Ord.No. 377, § 14, 5-24-04) Sec.20-109.-Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review,the applicant shall attend a conference with city staff.The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; (2) The application fee; (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. (4) General: a. Name of project. b. Name, address and telephone number of applicant, engineer, and owner of record. c. Legal description (certificate of survey will be required). d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. g. Existing zoning and land use. h. Tabulation box indicating: 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. Page 2 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom,warehouse, etc. (5) Site and building plan: a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations, direction of drainage pre-and post- development and ccdimcntation and ctormwatcr retention pondcstormwater best management practices. Plans shall include runoff and storage calculations for tcn year and 100 y or eventsas required by Chapter 19, Article VII — Surface Water Management. If stormwater is proposed to be routed to existing stormwater pendsbest management practices, documentation shall be provided to demonstrate that the downstream pef4 receiving BMP and the conveyance is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines,turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic-control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet,whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images,artistic renderings,or site elevations which depict the visual impact of the proposed development's design, landscaping,street layout,signage, pedestrian ways, lighting, buildings,or other details that affect land use within the city shall be submitted.Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. Page 3 p. Erosion prevention and sediment control plan consistent with Chapter 19. (6) Within the HC districts, the application shall also include: a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5,the appropriate access boulevard(north or south of Highway 5), and any other appropriate arterial or collector roadways. c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density(number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord.No. 203, § 2, 5-9-94; Ord.No. 212, § 4, 7-11-94; Ord.No. 286, § 6, 12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15, 5-24-04; Ord. No. 474, § 3, 10-13- 08) Sec.20-110.-Standards. In evaluating a site and building plan, the planning commission and city council shall consider its compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas; (4) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; Page 4 c. Materials,textures,colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage,sound and sight buffers, preservation of views,light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (7) Within the HC districts, consistency with the purpose, intent and standards of the HC districts. (8) Within the BCO district, consistency with the purpose, intent and standards of the BCO district. (Ord.No. 119,2-12-90; Ord.No. 212, § 5, 7-11-94; Ord.No. 286, § 7, 12-14-98) Sec.20-111.-Public hearing. Upon receipt of a completed application, a date shall be set for review of the site plan before the planning commission. The review will be held no less than ten days after mailed notice is sent to the owner of properties located wholly or partially within 500 feet of the site, as reflected in the records of the county auditor. The community development director may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. Following the hearing or any continuance thereof, the planning commission shall make a recommendation. The site plan shall be forwarded to the city council with the planning commission's recommendation for review on the next available agenda. Final approval of the site plan requires a simple majority vote of the city council. (Ord.No. 119,2-12-90; Ord.No. 377, § 16, 5-24-04) Sec.20-112.-Multiple applications. Any site and building plan application which is accompanied by a request for a conditional use permit or for a rezoning amendment to this division shall be considered by the planning commission concurrently with the conditional use permit or rezoning application. (Ord. No. 119, 2-12-90) Sec.20-113.-Administrative approvals. Minor site plan and building alterations which do not involve a variance,which are consistent with the intent of the approval relative to all aspects of the site and building plans and which are not accompanied by other matters requiring consideration by the planning commission or city council, may be approved by the community development director.The director is not authorized to approve the principal construction of new buildings or alterations to existing buildings that would add more than ten percent to the existing gross floor area. If any application is processed administratively,the community development director shall render a decision within 30 days and shall serve a copy of the decision upon the applicant by mail. Any person aggrieved by a decision of the community development director may appeal the decision to the planning commission in the manner specified in section 20-109 of this division. (Ord. No. 119, 2-12-90; Ord.No. 377, § 17, 5-24-04) Page 5 Sec. 20-114.-Conditions. The planning commission, city council or community development director may impose conditions in granting approval to site and building plans to promote the intent of this division and to protect adjacent properties. (Ord. No. 119, 2-12-90; Ord.No. 377, § 18, 5-24-04) Sec. 20-115.-Specific project. Site and building plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in compliance with the plans and specifications approved by the planning commission, city council or director of planning. (Ord.No. 119,2-12-90) Sec.20-116.-Architectural standards. (a) It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the community development director and shall show the following: (1) Elevations of all sides of the building; (2) Type and color of exterior building materials; (3) A typical floor plan; (4) Dimensions of all structures; and (5) The location of trash containers and of heating, ventilation and air conditioning equipment. (b) The use of unadorned, prestressed concrete panels and concrete block shall not be permitted. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. The use of metal on building exteriors shall be limited to trim detailing and/or to buildings using metal and glass curtain walls. Architectural metal roof (standing seam and similar) systems and canopies may also be allowed. (c) All rooftop or ground-mounted mechanical equipment and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. Low profile,self-contained mechanical units which blend in with the building architecture may be exempt from the screening requirement. (d) Underground utilities shall be provided for all new and substantially renovated structures. On sites where, through design on topography, rooftop mechanical systems are highly visible from off-site locations, structural screening will be required. (e) Within the HC districts, the standards for the HC districts shall apply in addition to the standards specified in this division. (Ord.No. 119, 2-12-90; Ord.No. 212, § 6, 7-11-94; Ord.No. 377, § 19, 5-24-04) Sec. 20-117.-Reserved. Page 6 Editor's note—Section 3 of Ord.No. 153, adopted Nov. 4, 1991,repealed former§ 20-117, which pertained to the maintenance of sites and landscaping and derived from Ord. No. 119, adopted Feb. 12, 1990. Sec. 20-118.-Reserved. Editor's note—Ord.No. 377, § 20, adopted May 24,2004,repealed § 20-118,which pertained to retaining walls and derived from Ord.No. 119, adopted Feb. 2, 1990; and Ord.No. 212, § 7, adopted July 11, 1994. Sec.20-119.-Reserved. Editor's note—Section 3 of Ord.No. 153, adopted Nov. 4, 1991,repealed former§ 20-119, which pertained to a landscaping financial guarantee and derived from Ord. No. 119, adopted Feb. 12, 1990. Sec.20-120.-Maintenance of site. It shall be the obligation of the owner to maintain the site in a manner consistent with the approved site and building plan. Unapproved alterations are in violation of this division. (Ord.No. 119,2-12-90) Sec.20-121.-Reserved. Sec. 20-122.-Site plan permit. (a) The terms and conditions of approval of the site plan shall be embodied in a permit signed by the property owner and the city. The permit shall be recorded against the title to the property. (b) A letter of credit or cash escrow shall be required to ensure satisfactory installation of site improvements in an amount equal to 110 percent of the value of the required improvements. The developer is obligated to install and complete all such improvements at his or her own expense and under the supervision and inspection of the city. The guarantee shall be provided prior to recording the site plan permit and shall be valid until the improvements are inspected and approved by the city. (c) Procedures for the reduction or release of security shall include: (1) Requests for reductions of letters of credit must be submitted to the city in writing by the developer or their engineer. (2) The city shall verify completion of the improvements. (3) Any reduction shall be subject to city approval. (Ord. No. 161, § 1, 1-13-92; Ord. No. 612, § 4, 12-14-15) Secs. 20-123-20-200.- Reserved. Page 7 ARTICLE VI.-WETLAND PROTECTION n Footnotes: ---(9)--- Editor's note—Ord. No. 449, §§ 1, 2, adopted May 14, 2007, repealed the former Art. VI., §§20-401- 20-418, and enacted a new Art. \/I as set out herein. The former Art. \/I pertained to similar subject matter. See the Code Comparative Table for full derivation. Sec.20-401.-Findings intent; rules adopted by reference. (a) Wetlands help maintain water quality,serve to reduce flooding and erosion,act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this article to establish a policy of sound stewardship through coordination of regulations that conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. (b) The intent of this article is to avoid alteration and destruction of wetlands. When this is not feasible, mitigation must be provided to recreate the function and value of the lost or altered wetlands. (c) This article is adopted in part to implement the Wetland Conservation Act of 1991,as amended (M.S. §103F.612 et seq.),and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (d) This article incorporates by reference the act and the rules.Terms used in this article which are defined in the act or the rules have the meanings given there. (Ord.No. 449, § 2, 5-14-07) 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 of all wetlands within the city and maintaining a comprehensive set of official city maps depicting the approximate location and extent of wetlands. (2) Establishing wetland regulations that are coordinated with water quantity and water quality goals and policies of the Chanhassen Surface Water Management Plan. (3) Requiring sound management practices that will protect, conserve, maintain, enhance and improve the functions and values of wetlands within the community. (4) Requiring measures designed to maintain and improve water quality in streams and lakes. (5) Protecting and enhancing the scenic value of wetlands. (6) Restricting, controlling and mitigating the harmful effects of development on wetlands. (7) Allowing only development that is planned to be compatible with wetland protection and enhancement. Page 1 (8) Providing standards for the alteration of wetlands when alteration is allowed. (9) Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization. (10) Obtaining protective easements over or acquiring fee title to wetlands as appropriate. (Ord. No. 449, § 2, 5-14-07) Sec.20-403.-No net loss. (a) To achieve no net loss of wetland,except as provided under sections 20-417 and 20-418 of this article or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, excavate, 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 must be fully mitigated so that there is no net loss of wetlands. (b) Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located. (c) All activities within the city shall comply with the Wetland Conservation Act of 1991,as amended(M.S. §103F.612 et seq.),and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420,as amended).Where the requirements of City Code differ from those requirements,the more restrictive shall apply. (Ord. No.449, § 2, 5-14-07) Sec.20-404.-Official wetland map. (a) The city shall maintain the official city wetland inventory, which is hereby adopted by reference. An electronic copy of this map shall be maintained on the city's geographic information system (GIS) database, with both hard and electronic copies being made available for public review upon request. (b) The city wetland inventory shall identify each basin as one of four management categories: Preserve, Manage 1, Manage 2, and Manage 3. These classifications will be determined using Figure 1.1 "Wetland Management Classification Process Flowchart for Basic Wetland Protection"from Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. (c) The presence or absence of a wetland on the city wetland inventory does not represent a definitive determination as to whether a jurisdictional wetland that would be covered by this article is present. Wetlands identified during a site specific delineation, but not identified by the city wetland inventory, are still subject to the provisions of this article. (d) The city wetland inventory does not depict delineated wetland boundaries and shall not be used as such. (e) The city wetland inventory shall be amended to include any wetlands discovered during the site review process and/or wetland areas created for mitigation purposes. (Ord. No. 449, § 2, 5-14-07) Sec.20-405.-Wetland delineation. Page 2 (a) {a}- ---lt is the responsibility of the project applicant to determine whether a wetland exists on a subject property. It is the responsibility of the applicant to complete a wetland delineation and submit sufficient documentation of the wetland boundary to the city in a wetland delineation report. Wetland delineations shall be completed by,or under the direct supervision of, a certified wetland delineator. Wetland delineations shall be consistent with the 1987 Corps of Engineers Wetland Delineation Manual as updated, any applicable regional supplements, and Board of Water&Soil Resources guidance. (b) Required submittals: a. Three Two hard copies of the wetland delineation report, consistent with the current St. Paul District of the United States Army Corps of Engineers guidance, must be submitted to the city's WCA agent. b. One electronic form of the wetland delineation report. The preferred format is Portable Digital Format (PDF)although other formats may be acceptable. c_AelditieFhaAn electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city's GIS database in applicable county coordinates for the application to be considered complete. Any subsequent boundary adjustments must be updated by applicant. d. A wetland alteration permit application. e. The Minnesota Interagency Water Resources Application Form February 2014 as updated. f. Additional supporting documentation as may be required by the city and/or the technical evaluation panel. Wetland delineations shall be valid for three years. Wetland delineations completed more than three years prior may be confirmed and/ormust be updated by a qualified wetland professional through a site visit, plot sampling and submittal of a summary of the findings including new data sheets, a copy of the old delineation and a map depicting both the original and revised wetland boundaries,where applicable. (c) (b) Wetland delineations do not need to be completed for properties adjacent to a proposed development that is under separate ownership. However,sufficient information must be presented to demonstrate that any proposed activities shall not directly or indirectly impact adjacent basins. The applicant shall review readily available information including,but not limited to,the city wetland inventory, national wetland inventory maps, topographic maps, soil survey maps, and recent and historic aerial photographs in preparing this assessment. (Ord. No. 449, § 2, 5-14-07) Sec.20-406.-Wetland classification. (a) All wetlands delineated under section 20-405 of this article that have not been previously classified shall be classified using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions(MnRAM Version 3.0), or future versions. (b) A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland. An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland. (c) MnRAM 3.0 assessments have been completed by the city as a component of the city wetland inventory. Applicants, however, may appeal the determination, and submit a request to change the classification. To do so,the applicant must submit an electronic copy of the MnRAM for each affected basin to the WCA agent.The forms must be filled out by a qualified wetland scientist. The WCA agent will-may consult with the technical evaluation panel to determine if a change in the classification is Page 3 warranted. In all cases,the burden to demonstrate the need for a change in classification lies with the applicant. (d) All mitigation areas shall be considered to have a management class at least equal to the highest quality wetland it replaced regardless of the MnRAM results. If sequencing flexibility was granted then the manaqemen class shall be no less than one tier greater than the replaced wetland. (Ord. No. 449, § 2, 5-14-07) Sec.20-407.-Permit required. No person shall drain, excavate in •- . . -. . -••• _ • - -• _-- - _ - _ .. - - - wetaands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city consistent with the Minnesota Rules Chapter 8420. Draining, grading, excavating,filling, removing healthy native vegetation,placement of structures,or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20- 417 of this article 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 watercourses. 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,-and-docks, or other structures. Docks shall meet the additional requirements in section 20-920 Structures, Boats and Waterways of this Code. (4) Discharge of untreated stormwater runoff into wetlands. Newly created discharge points must have been treated prior to discharge into the wetland. (5) Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches. (6) The removal of vegetation through chemical or physical means. (Ord. No. 449, § 2, 5-14-07; Ord. No. 522, § 6, 5-23-11) Sec.20-408.-Exemptions from earth work permit requirements. Earth work completed in accordance with an approved wetland alteration permit is exempt from the requirement to obtain a separate earth work permit. (Ord. No. 449, § 2, 5-14-07) Sec.20-409.-Permit application requirements and decisions. (a) A wetland alteration permit for sequencing or wetland replacement shall not be issued without having been • _ _ __ _ __ _ _ _ •_ __ ••• . _ - : approved by the city council following t he :: - . - - - -. . . - • - - -- -• - - e- •• .-e the additional--requirement of Minnesota Rules Chapter 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 and the Minnesota Wetland Conservation Act.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 functions and values, Page 4 establish required monitoring procedures and maintenance activities,stage the work over time, require the alteration of the site design to ensure buffering, and/or require the provision of a performance security. (b) Any projects seeking a wetland alteration permit subject to this article will be required to submit the following: (1) A wetland alteration permit application; (2) The applicable sections of the Joint Application Form for Activities Affecting Water Resources in Minnesota (23) A site/grading plan of the entire property; (34) Existing and proposed drainage areas to wetlands; (45) A wetland delineation report in accordance with section 20-405; (66) Wetland classification information in accordance with section 20-406 for each wetland on property; (67) Buffer strip plan meeting the criteria of subsections 20-411(c)and (d); (78) Submittals required by the Wetland Conservation Act; (69) Topographic data; (P1 0) Other information as required by the city. (c) Decisions made under this article that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources as prescribed under Minnesota Rules Chapter 8420.0250,after administration appeal rights under the official controls have been exhausted. Staff costs to the city associated with appeals shall be borne by the applicant. (d) The city council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources management. Decisions under this article 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 Chapter 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. Unless otherwise designated, the city's representative on the technical evaluation panel shall be the WCA agent. (e) The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including, but not limited to those required by watershed districts, Minnesota Department of Natural Resources, United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work. (Ord. No. 449, § 2, 5-14-07) Sec.20-410.-General standards. (a) The following standards apply to all lands within and abutting a wetland: (1) Septic and soil absorption system must be a setback minimum of 75 feet from the ordinary high water mark of the wetland. (2) The lowest ground floor elevation of a principal structure is three feet above the 100-year flood elevation of the wetland. Page 5 (3) Access across a wetland shall be by means of a boardwalk or elevated structure and only upon approval of a wetland alteration permit. Wetland crossings must also be in conformance with all other state regulations. (4) Docks and boardwalks shall be elevated a minimum of six inches above the ordinary high water mark. Docks and boardwalks shall only be permitted to cross wetlands in instances where a wetland is riparian to a lake and shall be located so as to require the least distance to cross the wetland. (5) The erosion and sediment control goals and policies within the city's surface water management plan shall be met. (6) Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by this Code. (b) When a wetland alteration permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. (3) It shall not adversely change water flow. (4) The size of the altered area shall be limited to the minimum required for the proposed action. (5) The disposal of any excess material is prohibited within remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. (9) Dedicated buffers in accordance with section 20-411. (Ord.No. 449, § 2, 5-14-07) Sec.20-411.-Placement of structures. (a) For lots created on or after May 14, 2007, a buffer strip shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council. Buffer strip vegetation shall be established and maintained in accordance with the following requirements. If the buffer strip is disturbed, native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. Ata minimum of one wetland buffer monument is required pe let-abuttifIg-4he wetland cdgcwhere a lot line intersects a wetland buffer and at any significant point of deflection.The maximum spacing between monuments is 389-200 feet. (b) The following table provides the minimum standards required for each wetland classification. Page 6 PrincipaliJrii i Wetland Structure Permanent Buffer Permanent Buffer Percent of Buffer Strip Average Width I Strip Minimum 1 Strip in Native Classification Setback from Buffer Edge(feet) (feet) i Width(feet) ! Vegetation Seminary 5925 50100 50 40g94 Fen Preserve 4015 75 40 100% Manage 1 5915 60 2-530 400.94 j Manage 2 3915 40 20 Over 50% Manage 3 3015 20 4-6410 over_50% 1 MANAGE 3 WETLAND ILLUSTRATION I PRINCIPAL STRUCTURE SETBACK SIV BUFFER SIREET y I I WETLAND (—s1 —� EDGE I 30' I ( aa1vw---oFRcier mai ' Za 15 II I 1 15.5' I I I % I ma 0'EALT I ACCESSORY STRUCTURE I SETBACK I IWETLAND BUFFER STRIP Page 7 Manage 3 Wetland (c) For lots created on or after May 14, 2007, principal structures, including any structure required by code,and accec,ory structures shall maintain minimum setbacks from the wetland buffer as outlined in subsection 20-411(b). (d) If buffer strips and setbacks were approved in conjunction with a site plan or subdivision befere- y 11, 2007, the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved. (e) For lots of record before May 14, 2007, property owners may establish wetland buffer strips in compliance with subsection 20-411(b) in exchange for a decreased setback for structures. A wetland buffer agreement describing the precise location and extent of the buffer strip, as well as the restrictions for activities within the buffer strip, shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the buffer strip dedication. (f) In addition to the requirements above, wetland buffer strips for wetland mitigation areas and those counted as public value credit(PVC), shall also conform to the minimum standards as set forth by the Wetland Conservation Act. (g) The locations of buffer strips,buffer monuments,and wetland setbacks shall be surveyed and included on the certificate of survey.A certificate of occupancy shall not be issued unless this task is completed and approved by city staff. (h) nor the land alteration that takes place as part of construction shall encroach into the required buffer (Ord.No. 449, § 2, 5-14-07) Sec.20-412.-Buffer strips required. (a) It shall be the preference of the City that wetlands and associated buffers are placed into outlots dedicated to the City. They may also be placed into a drainage and utility,conservation or preservation easement. Before release of final plat, the applicant must submit to the WCA agent a drainage and utility easement, conservation easement, preservation easement, or outlot dedicated in a plat for protection of the wetland and approved buffer strip. The Any easement must describe the boundaries of the wetland and the wetland buffer strips. (b) Building structures, paving, mowing, introducing non-native vegetation, cutting, filling, dumping, disposing of yard waste,or fertilizing;within buffer strips or tampering with the buffer monuments within buffertrips is prohibited. (c) Additional wetland impacts shall not be allowed for the creation of buffer strips. (d) The use of meandering buffer strips to maintain a natural appearance is encouraged. (e) Where roadways are constructed next to a wetland, a buffer strip shall be maintained. (f) Buffers shall be comprised of native vegetation free of noxious and invasive plant species. Staff may determine that some level of invasive weeds is acceptable when it is clear that reasonable vegetation management would not result in the desired state.Where acceptable natural native vegetation exists Page 8 in a wetland and adjacent buffer strip,the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation. A wetland and/or buffer strip has acceptable vegetation if it is dominated by native tree, shrub, or grass species, and has not been used for agricultural production in the last five years. (g) The WCA agent may deny the use of existing vegetation for the use of buffer strips if: (1) It is dominated by any species on the state noxious weed list as defined by M.S. § 18.76-18.88. These species include species such as leafy spurge, spotted knapweed, purple loosestrife, and common and glossy buckthorn; (2) It is present on unstable slopes, has significant bare soil, displays a history of erosion problems, is prone to gully formation, or does not function for sediment and nutrient removal; (3) Any areas were used for agricultural production in the last five years;or (4) The buffer strip is disturbed or altered. (h) If an area is deemed to be unacceptable in its current state, a wetland buffer landscaping plan must be submitted to the WCA agent. This plan shall include at a minimum a: (1) Plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing. Existing buffer strips shall be identified and marked to prevent accidental disturbances. (2) Specification as to what seed mixture will be used, or what trees and/or shrubs will be planted and their locations. (3) Verification that all seed stock and tree species are native to Minnesota and are of local ecotypes. (4) Detailed specification that identifies the project schedule, materials, installation or seeding instructions, and costs. (5) Maintenance schedule that describes the activities that will occur for at least the first two years. This should include a schedule of mowing and spot spraying for weeds if an area is seeded and expected performance standards. Plans that call for periodic burning shall have additional details and must have special permission prior to installation. (6) Detail of all best management practices (BMPs)and erosion control plans. (7) Plan identifying the locations of buffer strip markers. (+$) - - - =-, -e.' - - A cash escrow or letter of credit up to 110 percent of the cost to reestablish the buffer strip should it not be successful, not be maintained, or otherwise require city intervention to maintain the ordinance requirements shall be required as a condition of permit approval. (Ord.No. 449, § 2, 5-14-07) Sec.20-413.-Wetland alteration. (a) An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied or, through imposition of conditions of approval, will comply with all of the requirements of the Wetland Conservation Act. (b) A wetland alteration permit shall not be issued unless the proposed development complies with this article. (c) When a wetland alteration permit is issued allowing wetland alteration, the alteration must be consistent with the city's surface water management plan and the Wetland Conservation Act. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a portion of the wetland remains, unless exempted under section 20-417. Page 9 (Ord. No. 449, § 2, 5-14-07) Sec.20-414.-Wetland management activities. Prior to commencement of a wetland management activity, an administrative wetland permit must be obtained for the activity in accordance with section 20-415. (Ord. No. 449, § 2, 5-14-07) Sec.20-415.-Administrative wetland permit. (a) Applications for administrative wetland permits shall be made on a form supplied by the city. A fee shall be paid as set forth in this Code. The WCA agent shall review applications to ensure proposed activities are in compliance with the Wetland Conservation Act and the requirements of this article and are consistent with approved and/or accepted wetland management practices. (b) At the time of application, a person or company making an application for an administrative wetland permit will be required to supply the following information: (1) Location of wetland; (2) Area of wetland to be managed; (3) Name, address and telephone number of the party responsible for management activity; (4) Name,address and telephone number of person or persons performing the management activity; (5) Date of management activity; (6) A list of the type of management activities to be performed at such time; (7) An explanation of the rationale for performing the management activity; (8) Information regarding the management activities being used and their effects on humans, plants and wildlife, especially non:target species; and (9) A signed consent from all property owners owning property containing or abutting wetland to be treated. (c) The following activities shall be determined exempt from the provisions listed in subsection 20-415(b): (1) Federal, state or local government staff or contractors during the course of conducting maintenance activities; and (2) Metropolitan Mosquito Control District during the course of conducting mosquito control activities. (d) Activities for which administrative wetland permits are approved shall not contribute to nuisances as defined in this Code. (e) The WCA agent may deny the administrative wetland permit if it does not comply with subsection 20- 415(d), is not in compliance with the Wetland Conservation Act and/or is not consistent with approved and/or accepted wetland management practices. (Ord.No.449, § 2, 5-14-07) Sec.20-416.-Mitigation. (a) Mitigation intent.Where a wetland alteration permit is approved and mitigation is required pursuant to city code and the Wetland Conservation Act-_mitigation Mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and Page 10 maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value. (b) Mitigation standards. The functions and values of mitigation wetlands shall be achieved through wetland restoration,creation and/or enhancement.The mitigation standards found in Minnesota Rules Chapter 8420.9550-0522 through 8420.0528 shall be followed except as noted. (1) Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this article. (2) Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules Chapter 8420.05410522. (3) Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation may occur locally within the subwatershed. ' •= =o = • --• -• -- -• ••- ' . °- °- •- cubwatershed, elsewhere in the city. If mitigation cannot be accomplished on-site, or if the city deems it necessary to perform mitigation off-site, then the applicant shall be responsible for providing off-site mitigation • •- •• = -- - - --e, - = •- -e e consistent with Minnesota Rules 8420.0522. the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank. (c) Construction management and long term wetland maintenance. (1) The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat. (2) Following the first full growing season, Tthe wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen. The purpose of the annual report is to describe actual wetland management, restoration or creation activities completed during the past year as well as activities planned for the upcoming year. The annual report shall, at a minimum, include all the information required of annual monitoring reports by Minnesota Rules Chapter 8420.0620-0810 subpart 24. The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules Chapter 8420.06100810. Submission shall continue for at least five y ars full growing seasons or until the replacement wetland is deemed by the technical evaluation panel (TEP)to be fully functional after the third year.Where feasible,tThe city shall require the wetland alteration permit holder to satisfy long term management requirements as required by Minnesota Rules Chapter 8420.0810 subpart 3. (d) Mitigation surety. To ensure that the proposed wetland replacement occurs,the city shall hold either a cash escrow or letter of credit equal to 110 percent of the current value of wetland credits on the open market.An additional escrow account shall be established to ensure that the required monitoring occurs.The monitoring escrow shall be set at 110 percent of the current average monitoring expense as performed by an independent consultant. The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed. The remaining escrow amount will be returned and the letter of credit terminated upon completion of the monitoring and approval by the technical evaluation panel(TEP).Any interest earned by holding of a cash escrow shall be the property of the city. (e) Within the Minnehaha Creek Watershed District and the Riley Purgatory Bluff Creek Watershed District, 1:1 mitigation is required for excavation within wetlands. (Ord. No. 449, § 2, 5-14-07) Sec. 20-417.-Exemptions and no loss determinations. Page 11 (a) Activities exempted by Minnesota Rules Chapter 8420.0122 0420 or determined to result in no net loss of wetlands shall be exempted from the provisions of this article. However, certificates of exemption or no loss must be obtained from the city prior to starting work. (b) A person conducting an activity in a wetland under an exemption shall ensure that: (1) Appropriate erosion and sediment control measures are taken to prevent sediment discharges from the site; (2) The activity does not block fish activity in a watercourse; and (3) The activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices as listed in Minnesota Rules Chapter 8420.0 20420, and water resource protection requirements established under M.S.§ 103H. (Ord. No. 449, § 2, 5-14-07) Sec.20-418.-Variances. Variances from the requirements of this article may be granted in accordance with the variance provisions of article II, division 3 of this chapter so long as the variances do not violate the Wetland Conservation Act and rules adopted under the Act. (Ord. No. 449, § 2, 5-14-07) Sec.20-419.-Expiration and renewal of permit. (a) Unless otherwise specified by the city council,the permittee shall begin and complete the development authorized by the wetland alteration permit within one year after the date the council approves the permit application. (b) The permittee shall provide written notice to the city 24 hours prior to the commencement and completion of the permitted project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion. (c) If the permittee fails to commence work within the time specified in this section, the permit shall be void. The permittee may make a written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension. If the council does not extend the permit,the holder of the void permit may apply for a new permit. (Ord. No. 449, § 2, 5-14-07) Sec.20-420.-Inspection of work. The city may cause inspection of work for which a wetland alteration permit is issued,at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. (Ord.No. 449, § 2, 5-14-07) Sec.20-421.-Enforcement procedures. Page 12 (a) Violation of this article, wetland protection, or of the terms of a permit issued thereunder shall be a misdemeanor. (b) Any person who alters a wetland in violation of this article shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee.The city council may require the violator to restore the wetland or take other mitigative measures. (Ord. No.449, § 2, 5-14-07) Secs. 20-422-20-475.- Reserved. Page 13