Ordinance 449 (002)• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. 449
AN ORDINANCE AMENDING
CHAPTER 20 OF THE CHANHASSEN CITY CODE
ZONING.
The purpose of this code amendment is to revise and update the zoning code of the City of
Chanhassen including:
• Restructuring the wetland protection article
• Establishing a City Wetland Inventory
• Establishing five management categories for wetlands
• Allowing wetland buffer dedication in exchange for decreased accessory structure setbacks
from wetlands
• Implementing requirements for wetland delineations and their submittals
• Denning the procedures for conducting function and value assessments for unclassified
wetlands
• Outlining information that must be submitted with a wetland alteration permit application
• Setting forth standards for issuance of a wetland alteration permit
• Revising the required wetland buffer strips and setbacks for lots created after the codification of
• this ordinance
• Requiring wetland buffer strips and setbacks to be shown on lot surveys
• Outlining requirements for wetland buffer strips
• Establishing an administrative wetland permit for wetland management activities
A printed copy of Ordinance No. 449 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 14`h day of May,
2007, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on May 24, 2007)
CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 449
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE, ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Sections 20-401 through 20-418 of the City Code, City of Chanhassen, Minnesota,
are hereby repealed.
Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
sections to be numbered 20-401 through 20-421, which shall read as follows:
ARTICLE VI. WETLAND PROTECTION.
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 ordinance 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 ordinance 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 ordinance is adopted in part to implement the Wetland Conservation Act of 1991, as
amended (M.S. § 10317.612 et seq.), and the accompanying rules of the Minnesota Board of
Water and Soil Resources (Minnesota Rules Chapter 8420, as amended).
(d). This ordinance incorporates by reference the act and the rules. Terms used in this ordinance
which are defined in the act or the rules have the meanings given there.
Sec. 20-402. Purpose.
The purpose of this ordinance 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.
(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.
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 ordinance 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.
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
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• 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
ordinance 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 ordinance.
(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.
Sec. 20-405. Wetland delineation.
(a). It 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. Three (3) hard copies of the Wetland Delineation Report must be
submitted to the city's WCA agent. Additionally, an electronic copy of the delineated wetland
boundaries must be submitted in a format compatible with the city's GIS database. Wetland
delineations shall be valid for three years. Wetland delineations completed more than three (3)
years prior may be confirmed and/or updated by a qualified wetland professional through a site
visit and submittal of a summary of the findings, a copy of the old delineation and a map
depicting both the original and revised wetland boundaries, where applicable.
(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.
Sec. 20-406. Wetland classification.
(a). All wetlands delineated under section 20-405 of this ordinance 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.
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• (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 consult with the technical evaluation panel to determine if a
change in the classification is warranted. In all cases, the burden to demonstrate the need for a
change in classification lies with the applicant.
Sec. 20-407. Permit required.
No person shall drain, excavate in the permanent or semipermanent flooded areas of open water
wetlands, 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. Draining, grading,
excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a
wetland of any size or type not subject to an exemption under section 20-417 of this chapter
requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit
includes, but is not limited to:
• (a). Construction of new streets and utilities.
(b). 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.
(c). Installation of boardwalks and docks. Docks shall meet the additional requirements in
Chapter 6, Article II of the Chanhassen City Code.
(d). Discharge of untreated stormwater runoff into wetlands.
(e). Changes in wetland hydrology that result in an increase in the ordinary high water level
of a wetland by more than 12 inches.
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.
Sec. 20-409. Permit application requirements and decisions.
(a). A wetland alteration permit shall not be issued without having been first reviewed by the
• planning commission and approved by the city council following the review and hearing
procedures set forth for conditional use permits and the additional requirement of Minnesota
Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or
El
. activity complies with the purposes, intent and other provisions of this ordinance. The council
may establish reasonable conditions which are specifically set forth in the permit to ensure
compliance with requirements contained in this ordinance. Such conditions may, among other
matters, limit the size, kind or character of the proposed work; require the construction of other
structures; require replacement of vegetation and wetland functions and values; 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 ordinance will be required to
submit the following:
(1). A wetland alteration permit application
(2). A site/grading plan of the entire property
(3). Existing and proposed drainage areas to wetlands
(4). A wetland delineation report in accordance with section 20-405
(5). Wetland classification information in accordance with section 20-406 for each wetland
on property
(6). Buffer strip plan meeting the criteria of section 20-411 (c) and (d)
(7). Submittals required by the Wetland Conservation Act
(8). Topographic data
(9). Other information as required by the city
• (c). Decisions made under this ordinance that fall under the authority of the Minnesota Wetland
Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under
Minnesota Rules 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 ordinance must not be made until after receiving the determination of the technical
evaluation panel regarding wetland public values, location, size, and/or type if the city council,
the landowner, or a member of the technical evaluation panel asks for such determinations. This
requirement does not apply to wetlands for which such data is included in an approved
comprehensive wetland management plan per Minnesota Rules 8420.0240. The city council may
seek 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.
Sec. 20-410. General standards.
10 (a). The following standards apply to all lands within and abutting a wetland:
5
(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.
(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.
(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 Chanhassen City 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 ordinance 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.
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. A minimum of one wetland buffer monument
0
. is required per lot abutting the wetland edge. The maximum spacing between monuments is 300
feet.
•
(b). The following table provides the minimum standards required for each wetland
classification.
Wetland
Classification
Principal Structure
Setback from
Buffer Edge (feet)
Accessory Structure
Setback from Buffer
Edge (feet)
Permanent Buffer
Strip Minimum
Width (feet)
Percent of Buffer
Strip in Native
Vegetation
Outstanding
50
50
50
100%
Preserve
40
20
40
100%
Manage 1
30
15
25
100%
Manage 2
30
15
20
Over 50%
Manage 3
30
15
16.5
Over 50%
MANAGE 3 WETLAND ILLUSTRATION
PRINCIPAL
STRUCTURE
SETBACK
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ST3R'>�-�' 1� 1 1 � D
HOME 30' 1
Soler ACK ' 1
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16.5'
0- EAS EMT 1 }
ACCESSORY
STRUCTURE
SETBACK
i WETLAND BUFFER STRIP
(c). For lots created on or after May 14, 2007, principal structures and accessory structures shall
maintain minimum setbacks from the wetland buffer as outlined in subparagraph (b) above.
(d). If buffer strips and setbacks were approved in conjunction with a site plan or subdivision
before May 14, 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 subparagraph (b) above in exchange for a decreased setback for structures. A
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wetland buffer agreement describing the precise location and extent of the buffer strip, as well as
ithe 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.
1. Following the recording of the wetland buffer agreement with the county recorder's
office, accessory structures may be placed within the last 20 feet or 50% of the existing
principal structure wetland setback, whichever is less.
(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 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). Retaining walls and fences may be located within wetland setbacks. Neither retaining walls
and fences nor the land alteration that takes place as part of construction shall encroach into the
required buffer strips.
Sec. 20-412. Buffer strips required.
• (a). Before release of final plat, the applicant must submit to the WCA agent a drainage and
utility easement for protection of the wetland and approved buffer strip. The 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, fertilizing, or tampering with the monuments within buffer
strips 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). Where acceptable natural vegetation exists 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 Minnesota
Statutes, Section 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, wetland buffer landscaping plan
must be submitted to the WCA agent. This plan shall include at a minimum:
1. A 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. A specification as to what seed mixture will be used, or what trees and/or shrubs will be
planted and their locations.
3. A verification that all seed stock and tree species are native to Minnesota and are of local
ecotypes.
4. A detailed specification that identifies the project schedule, materials, installation or
seeding instructions, and costs.
5. A maintenance schedule that describes the activities that will occur for at least the first
two (2) years. This should include a schedule of mowing and spot spraying for weeds if
an area is seeded. Plans that call for periodic burning shall have additional details and
must have special permission prior to installation.
6. A detail of all Best Management Practices (BMPs) and erosion control plans.
• 7. A plan identifying the locations of buffer strip markers.
(i). The city may, at their discretion, require a cash escrow or letter of credit up to 110% 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.
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.
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.
9
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 Chanhassen City Code. The WCA agent shall review
applications to ensure proposed activities are in compliance with the Wetland Conservation Act
and the requirements of this ordinance 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 subpart (b)
above:
(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 the Chanhassen City Code.
(e). The WCA agent may deny the administrative wetland permit if it does not comply with
subpart (d) above, is not in compliance with the Wetland Conservation Act and/or is not
consistent with approved and/or accepted wetland management practices.
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 must result in an
improvement to the wetland function and value. Mitigation plans must address water quality,
improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The
wetland function and value will include improvement of water quality, maintaining hydrological
• balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the
Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value.
10
. (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 8420.0550 shall be followed.
(1). Mitigation shall be subject to wetland setback and buffer strip requirements as set
forth in this ordinance.
(2). Mitigation shall at a minimum replace preexisting wetland function and values
through the ratios set forth in Minnesota Rules 8420.0541.
(3). Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation
may occur locally within the subwatershed. If this is not possible, then mitigation may
occur outside the subwatershed, elsewhere in the city. If mitigation cannot be
accomplished on site, or if the city deems it necessary to perform mitigation off-site, then
the applicant shall be responsible for providing off-site mitigation within the major
subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing
wetland credits from the state wetland bank.
(d). 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). The 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 include
all the information required of annual monitoring reports by Minnesota Rules 8420.0620
subpart 2.
The wetland alteration permit holder shall submit annual monitoring reports as required
by Minnesota Rules 8420.0610. Submission shall continue for at least five years or until
the replacement wetland is deemed by the Technical Evaluation Panel (TEP) to be fully
functional. Where feasible, the city shall require the wetland alteration permit holder to
satisfy long-term management requirements.
(e). 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% 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% 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.
11
(f). Within the Minnehaha Creek Watershed District, 1:1 mitigation is required for excavation
• within wetlands.
Sec. 20-417. Exemptions and no loss determinations.
(a). Activities exempted by Minnesota Rules 8420.0122 or determined to result in no net loss of
wetlands shall be exempted from the provisions of this ordinance. 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 part 8420.0112, and
water resource protection requirements established under M.S. Ch. 103H.
Sec. 20-418. Variances.
Variances from the requirements of this ordinance 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.
0 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.
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.
• Sec. 20-421. Enforcement procedures.
12
r-7
LJ
•
(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.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 14`h day of May, 2007 by the City Council of the City of
Chanhassen, Minnesota
6.JUn
Todd— Gerhardt, City Manager
l
Thomas A. Furlon ,
(Summary Ordinance published in the Chanhassen Villager on May 24, 2007)
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0 0
Affidavit of Publication
Southwest Newspapers
CITY OF CHANHASSEN
CAR VERANDHENNEPIN State of Minnesota
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. )SS.
449 /
AN ORDINANCE AMENDING County of Carver )
CHAPTER 20 OF THE
CHANHASSEN CITY CODE
ZONING.
The purpose of this code
amendment is to revise and update Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
the zoning code of the City of agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
Chanhassen including: lager and has full knowledge of the facts herein stated as follows:
Restructuring the wetland
protection article A These newspapers have coin lied with the requirements constituting qualification as a legal
Establishing a City Wetland ()P 9 g 9 g
Inventory newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
Establishing five management amended.
categories for wetlands
Allowing wetland buffer (B) The printed public notice that is attached to this Affidavit and identified as No. voy
dedication in exchangefor decreased was published on the date or dates and in the newspaper stated in the attached Notice and said
accessory structure setbacks from Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
wetlands
Implementingrequirementsfor the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
wetland delineations and their inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
submittals and publication of the Notice:
Defining the procedures for
conducting function and value abcdefghijklmnopqrstuvwxyz
assessments for unclassified
wetlands
Outlining information that
must be submitted with a wetland By;
alteration permit application Laurie A. Hartmann
Setting forth standards for
issuance of a wetland alteration
permit
Revising the required wetland Subscribed and sworn before me on
buffer strips and setbacks for lots
created after the codification of this
ordinance
Requiring wetland buffer strips
and setbacks to be shown on lot this day of l 2007
surveys
Outlining requirements for GWEN hi. RADUEN
wetland buffer strips i,!OTARY-fvbNhESOTA
Establishing an administrative
wetland permit for wetland , 's My Commission Expires Jan. 31, 2010
management activities �1 �' ' �l�" '"�'`� ~
A printed copy of Ordinance Notary Public
No. 449 is available for inspe tii n
by any person during regular
hours at the office of the City
Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this 14th day of May, 2007, by the City RATE INFORMATION
Council of the City of Chanhassen.
(Published in the Chanhassen Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch
Villager on Thursday, May 24,2007; Maximum rate allowed by law for the above matter ................................ $40.00 per column inch
No. 4888) Rate actually charged for the above matter ............................................... $11.89 per column inch