1983 05 11
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PLANNING COMMISSION MINUTES
MAY 11, 1983
commissioners Present
J. Thompson, T. Merz, S. Albee, L. Conrad, B. Ryan and H.
Noziska.
Absent
M. Thompson
Staff Present
Bob Waibel, City Planner and Vicki Churchill, Secretary.
Proposed Wetland Management Ordinance Draft - Discussion
(Note - The following points are taken from the memorandum to
Roger Knutson, City Attorney from Bob Waibel, City Planner. See
attached.)
The Environmental Protection Committee was also asked to this
meeting to discuss the final draft of the Wetland Management
Ordinance. The following are points brought up at the meeting.
1. The heading will be revised to be consistent with ordinance
amendment format.
2. It has been suggested to revise this section by adding; . . .
zero degradation in a manner consistent with the Chanhassen
Comprehensive Plan.
3. Re: draft.
4. Re: draft.
5. There is a concern about the definition section being to
sparse as well as being consistent with the definitions being
considered by the Planning Commission as part of their
overall revisions to the zoning and subdivision ordinances.
I believe neither the Committee nor myself (Waibel) have a problem
with referencing the proposed definitions of the subdivision
and zoning ordinance provided they are comprehensive enough
to efficate wetland management.
6. As written, this section seemed out of place if not a non
statement. One committee member suggested that in its place
we allow restoration of eroded areas etc. as a permitted use.
I (Waibel) believe that there may be circumstances when
restoration to a natural state may not be desired or may need
to be formally reviewed and may be more appropriately allowed
as a use by permit.
7. This section was previously prefixed with the word primary.
I (Waibel) believe that the Committee would like to have this
section written to emphasize the intent that all reasonable
measures be taken to eliminate as much sedimentation as
possible from entering wetlands from construction projects.
Planning Commission Minutes
May 11, 1983
Page 2
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8. This section should be embellished to address open storage of
dredged material, compost, removed vegetation, extracted
materials, etc.
9. It has been suggested that feedlots be defined and included
in definitions section.
10. Re: draft.
11.
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12.
13.
This statement more than any others require legal imput since
it involves potential riparian rights issues. The Committee
and Planning commission were quite divided especially on the
prohibition of private docks which led to the proposed dele-
tion of public docks as a use by permit. The Attorney
General's Office of the D.N.R. has indicated that there are
no Minnesota Supreme Court Cases to refer to in order to
ascertain the confiscatory implications of this restriction.
Additionally, this section as well as section 7.8 may be
redundit since section 3.01 subsection (c) of the proposed
Water Surface Usage Ordinance states "No dock, mooring or
other structure shall be so located as to . . . be detrimen-
tal to significant fish and wildlife habitat or protected
vegetation." I personally believe there is a significant
difference between the potential impact of private docks ver-
sus public docks just be the disparity in numbers of private
riparian holdings versus public holdings as well as the
pUblic purpose that public docks may serve.
I would appreciate your comments on the advisability of
having essential public works as a use by permit. If this is
to remain, it would perhaps be prudent to develop definitions
that woul differntiate between emergency public works as
works undertaken in the prevention of imminent danger to life
and property and essential public works as works having been
determined through a feasibility study process, as being the
most reasonable alternative from an environmental, planning
and engineering standpoint to implement the Comprehensive
Plan.
Waibel told the Committee in the drafting process that the
inclusion of cutting or altering of trees may serve as a
disincentive for individuals to remove diseased trees,
however, for concerns that healthy species would be indiscri-
minately removed under pleas of ignorance, they voted to
leave as is.
14. The introduction to section 8 will need to be revised to
reference the documents mentioned in 8.01 (c) 4 as well as
state that approvals are inclusive of determinations made by
the City Engineer in accordance with current published City
Standards.
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Planning Commission Minutes
May 11, 1983
Page 3
15. Staff comments suggest that this section should be revised to
read; Land to be developed which is already served by an
existing sanitary sewer line and/or has paid or been levied
special assessments for public sanitary sewer and water ser-
vice which lies within a wetland overlay district shall be
given special consideration in the applicant of these regula-
tions when developed in accordance with Section 10-3a. and b.
below.
16. There is a concern that special assessment policy does not
belong in a zoning ordinance. This type of section has been
found in various wetland ordinances. The obvious reason for
this statement is to avoid assessing future public improve-
ment projects in a manner thay may force environmentally sen-
sitive areas to develop.
17. I plan to revise the language in this section before it comes
back to the Committee. I believe it should more clearly
state that developing property containing wetlands will be
allowed an increase of 5% of the allowable district density
as measured for the developable area exclusive of wetlands.
18. Staff feels that this section is redundit and should be
stricken since this document will be part of the zoning
Ordinance and the non-conforming use provisions therein will
automatically apply. As I see it, properties will be con-
forming only if they do not meet the tests of sections 6 and
9. As presently worded, I am concerned it implies that pro-
posals to intensify a non-conforming situation are exempt
from the regulations of this ordinance.
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C ITYC,Q F
CHAHHASSEH
690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
". .
MEMORANDUM
TO: Mr. Roger Knutson
FROM:" Bob Waibel, City Planner
DATE: May 19, 1983
SUBJ: Proposed Wetland Management Ordinance Draft.
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In reference to our conversation the other day, attached please
find a copy of the proposed Wetland Management Ordinance. The
Epvironmental Protection Committee and Planning Commissioij have
asked that you review and comment as to any overall concerns you
have on the draft prior to the public hearing. For this purpose
I have annotated the attached draft to correspond with the sum-
mary background contained in this memorandum. This background
contains recent Environmental Protection Committee, Planning
Commission and Staff comments on probable revisions to be made to
the draft before the public hearing as well highlight various
sections that were drafted fully expecting the comments and opi-
nions of legal counsel.
I would like, if at all possible, to receive your input on this
in time for another Environmental Protection Committee and
Planning Commission review in mid June. In order to facilitate your
review of the following, please feel free to call me with any
questions you may have.
1. The heading will be revised to be consistent with ordinance
amendment format.
2. It has been suggested to revise this section by adding; . .
zero degradation in a manner consistent with the Chanhassen
Comprehensive Plan. \....,
3. Re: draft.
4. Re: draft.
-
5. There is a concern about the definition s~ction being to
sparse as well as being consistent with the definitions being
considered by the Planning Commission as part of their
overall revisions to the zoning and subdivision ordinances.
I believe neither the Committee nor myself have a problem with
e
Mr. Roger Knutson
May' 19, 1983
Page 2
(-. .
'.'J"-'.::'
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referencing the proposed definitions of the subdivision and
zoning ordinance provided they are comprehensive enough to
efficate wetland management.
6.
As written, this section seemed out of place if not a non
statement. One committee member suggested that in its place
we allow restoration of eroded areas etc. as a permitted use.
I believe that there may be circumstances when restoration
to a natural state may not be desired or may need to be
formally reviewed and may be more appropriately allowed as a
use by permit.
7.
This section was previously prefixed with the word primary.
I believe that the Committee would like to have this section
written to emphasize the intent that all reasonable measures
be taken to eliminate as much sedimentation as possible from
entering wetlands from construction projects.
This section should be embellished to address open storage of
dredged material, compost, removed vegetation, extracted
materials, etc.
8.
9.
It has been suggested that feedlots be defined and included
in definitions section.
~ 10. Re: draft.
11. This statement more than any others require legal imput
since it involves potential riparian rights issues. The
Committee and Planning Commission were quite divided espe-
cially on the prohibition of private docks which led to the
proposed deletion of public docks as a use by permit. The
Attorney General's Office of the D.N.R. has indicated that
there are no Minnesota Supreme Court Cases to refer to in
order to ascertain the confiscatory implications of this
restriction.
e
Additionally, this section as well as section 7.8 may be
redundit since section 3.01 subsection (c) of the proposed
Water Surface Usage Ordinance states "No dock, mooring or
other structure shall be so located as to . . . be detrimen-
tal to significant fish and wildlife habitat or protected
vegetation. II I personally believe there is a significant
difference between the potential impact of private docks ver-
sus public docks just by the disparity in numbers of private
riparian holdings versus public holdings as well as the
public purpose that public docks may serve.
12. I would appreciate your comments on the advisability of
having essential public works as a use by permit. If this is
to remain, it would perhaps be prudent to develop definitions
"/..i;t/..1
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Mr~ Roger Knutson
May 19, 1983
Page 3
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that would differentiate between emergency public works as
works undertaken in the prevention of imminent danger to life
and property and esssential public works as works having been
determined through a feasibility study process, as being the
most reasonable alternative from an environmental, planning
and engineering standpoint to implement the Comprehensive
Plan.
13.
I told the Committee in the drafting process that the inclu-
sion of cutting or altering of trees may serve as a disincen-
tive for individuals to remove diseased trees, however, for
concerns that healthy species would be indiscriminately
removed under pleas of ignorance, they voted to leave as
is.
14.
The introduction to section 8 will need to be revised to
reference the documents mentioned in 8.01 (c) 4 as well as
state that approvals are inclusive of deteriminations made by
the City Engineer in accordance with current published City
Standards.
e
15. Staff comments suggest that this section should be revised to
read; Land to be developed which is already served by an
existing sanitary sewer line and/or has paid or been levied
special assessments for public sanitary sewer and water ser-
vice which lies within a wetland overlay district shall be
given special consideration in the applicant of these regula-
tions when developed in accordance with Section 10-3a. and b.
below.
16. There is a concern that special assessment policy does not
belong in a zoning ordinance. This type of section has been
found in various wetland ordinances. The obvious reason for
this statement is to avoid assessing future public improve-
ment projects in a manner that may force environmentally sen-
sitive areas to develop.
17. I plan to revise the language in this section before it comes
back to the Committee. I believe it should more clearly
state that developing property containing wetlands will be
allowed an increase of 5% of the allowable district density
as measured for the developable area exclusive of wetlands.
e
18. Staff feels that this section is redundit and should be
stricken since this document will be part of the Zoning
Ordinance and the non conforming use provisions therin will
automatically apply. As I see it, properties will be non con-
forming only if they do not meet the tests of sections 6 and
9. As presently worded, I am concerned it implies that propo-
sals to intensify a non conforming situation are exempt from
the regulations of this ordinance.
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Draft 12/21/82
Revised 2/22/83
Revised 4/13/83
Revised 4/18/83
Final Committee Draft 4/27/83
WETLAND MANAGEMENT CHAPTER
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
m
ORDINANCE 47
SECTION 19
AN ORDINANCE PROVIDING FOR THE PROTECTION, PRESERVATION,
MANAGEMENT, AND ENHANCEMENT OF WETLANDS LYING EITHER WHOLLY OR
PARTLY WITHIN THE BOUNDARIES OF THE CITY OF CHANHASSEN, AMENDING
ORDINANCE 47 BY ADDING THE FOLLOWING TO SECTION 19-GENERAL
REGULATIONS.
SECTION 1. STATEMENT OF INTENT: In order to assure the protec-
tion of the general health, safety, and welfare of the residents
and resources of the City of Chanhassen for now and in the
future, the City of Chanhassen finds that wetlands are a valuable
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resource in that they help to maintain water quality, serve to
minimize problems with flooding and erosion, serve as sources of
food and habitat for a variety of fish and wildlife and are an integral
part of the community's natural landscape providing the aesthetic
benefits of open space as well as serving to provide a natural
means for a separation of a variety of land uses. It is
furthermore the intent of this ordinance to establish a program
of sound stewardship to conserve, protect, and enhance these
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environmentally sensitive resources through proper management by
assuring zero degradation.
SECTION 2. STATEMENT OF PURPOSE: It is the purpose of this
ordinance to assure the protection of the general health, safety,
and welfare of the residents and the protection of the wetlands
e resources of the City of Chanhassen for now and in the future
through:
Wetland Management Chapter
Page 2
1. Establishment of a wetland overlay zoning district.
2. Education of the community about the importance and func-
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tions of wetlands, and the impact of urbanization upon
wetlands.
3. Implementation of proper erosion control practices.
4. Implementation of sound management practices that
will protect, conserve, maintain, enhance and/or improve
the present quality of wetlands within the community.
5. Promotion of increased water quality in streams and lakes
with its attendant increase in recreational use
and value.
6. Enhancement of the scenic value of the community.
7. Restriction and control of those harmful affects of land
development which adversely affect wetlands.
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8. Reduction of the need for extensive piped storm water
(system) development and thus contributing to storm
water management plans.
9. Prevention of rapid runoff from developed areas.
10. Prevention of pollution from gas, oil, salt, fertilizer,
sand, and silt.
11. Promotion of only that development compatable with wetland
protection and enhancement.
12. provision of regulations and standards for the altera-
tion of wetlands.
13. Control of development outside of the wetland district
that may be detrimental to wetlands.
14. Prohibition of dumping of waste in wetlands.
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15. Restriction of the placement of structures within
wetland districts.
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Wetland Management Chapter
Page 3
SECTION 3. ESTABLISHMENT OF DISTRICTS
The wetland zoning district shall overlay the zoning districts
established by Ordinance 47, adopted by the Council on February
8, 1972, and as subsequently amended, so that any parcel of land
lying in an overlay district shall also lie in one or more of the
established zoning districts. Lands lying within an overlay
district shall be subject to the requirements established in this
chapter, as well as restrictions and requirements established
by other applicable ordinances and regulations of the City of
Chanhassen. Within each adopted overlay district, all uses shall
be permitted in accordance with the regulations for the
underlying zoning district, provided however, that such uses must
also satisfy the additional requirements established in this
chapter.
The wetland zoning map, entitled "Chanhassen Wetland Overlay
District Zoning Map" dated
is hereby adopted to
establish the wetland districts for purposes of the wetland chapter
and an official copy is on file in the office of the City Clerk.
Persons contesting the locations of the district boundaries
shall be given a reasonable opportunity to present their case
to the City Council and to submit technical evidence, in addi-
tion to that which may be required by this ordinance or any
other ordinance of the City.
The City Council shall make any
necessary interpretation concerning exact wetland district boun-
daries based on the wetland overlay district map and other
available technical data and information.
Wetland Management Chapter
Page 4
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Section 4 Definitions
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1. Council: The City Council of the City of Chanhassen.
2. Development: The construction, installation or alteration of
any structure, the extraction, clearing or other alteration of
terrestrial or aquatic vegetation, land or the course, current or
cross section of any water body or water courses or the division of
land into two or more parcels.
3. Ordinary High Water Mark: The highest water level which has
been maintained for a sufficient period of time to leave evidence
upon the landscape. It is commonly that point where the natural
vegetation changes from predominately aquatic to predominately
terrestrial.
4. Person: Any individual, firm, corporation, partnership,
association or other private or governmental entity.
5. Structure: Anything constructed or erected on the ground or
attached to the ground or deposited on the ground including but
not limited to, buildings, fences, sheds, portable structures,
stock piles, culverts, hard surface parking areas and other simi-
lar items.
6. Wetland: Low areas permanently or seasonally covered with
water, referred to generally as marshes, swamps, bogs, wet
meadows, sloughs or intermittent lakes.
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7. Wetland Alteration Permit: The permit required for any pro-
posed activity contained within the uses by permit section of
this chapter.
8. Wetland Zoning District: The area as delineated on the
Chanhassen Wetland Zoning District overlay map which designates
the wetland districts and as determined byinspection and survey
of field conditions.
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SECTION 5. PERMITTED USES: The following activities and uses
are permitted in wetlands as defined by Section 3 of this
Chapter as a matter of right, subject to any other applicable
code, ordinance, law or regulations:
1. Grazing, farming, nurserys, gardening, harvesting of
crops, sustained yield foresty, tree farms.
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Wetland Management Chapter
Page 5
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2. Conservation of soil, vegetation, water, fish, and
wildlife.
3. Scientific research and educational activities that teach
principles of ecology and conservation and do not
alter a wetland.
4. Agricultural strand wire fences.
5. Non-consumptive recreational activities, including but
not limited to hunting, trapping, birding, fishing,
nature photography, botanical and other study.
6. Emergency public works for the protection of life and property.
7. Repair or replacement of existing agricultural drain tile
in currently used croplands including hay meadows.
SECTION 6. PROHIBITED USES: The following uses and activi-
e ties are prohibited in wetlands:
1. Disposal of waste material including but not limited to,
sewage, demolition debris, and hazardous and toxic
substances.
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2.
Septic or soil absorption systems.
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Sedimentation basins for construction projects.
4. Permanent structures except as provided in Section 7
subsection 4, hereof.
~ 5. Storage.
l1) 6. Feedlots.
7. Advertizing signs or billboards.
~ 8. Permanent or seasonal private docks, access walkways and
boardwalks.
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9. The planting of any species of the genus Lythrum.
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4.
5.
6.
@7.
8.
(8)
Wetland Management Chapter
Page 6
.
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SECTION 2
USES BY PERMIT
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The following uses and activities within a wetland district are
allowable only upon first securing a wetland alteration permit in
accordance with Section 8.02, Wetland Alteration Permit
Procedures and General Conditions, of this Chapter.
9 .
Scientific research projects which alter the wetland.
Essential public works.
Placement or deposit of clean fill free from chemical pollutants
and other wastes.
Structures placed on permitted fill.
Digging, dredging, alteration or removal of any material.
Creation of ponds, dams, or alterations of the natural
drainage ways or water courses.
Remove, damage, cut or alter trees or any vegetation.
Permanent or seasonal public docks, access walkways and
boardwalks on public lands or easements for public use.
The installation of new agricultural drain tile and/or repair
or replacement of existing drain tile in areas not utilized
for agricultural production for the past five years.
Development of land adjacent to, abutting or within 200 feet
of a wetland district.
10.
SECTION 8
Wetland Alteration Permits
In consideration of an application for the issuance of a Wetland
Alteration Permit, the City shall require that the applicant fur-
nish and supply such information as required by the City Engineer.
In acting upon a Wetland Alteration Permit application, the City
Council shall consider all relevent factors specified in other
sections of this chapter, including, but not limited to:
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1.) the potential danger to life and property due to
increased flood heights or velocities caused by reduced
flood storage capacity.
2.) the relationship of the proposed use to the Comprehensive
Plan and impact of the proposed use on the Wetlands in
the surrounding area.
3.) the impact of the proposed wetland alteration on the
nutrient stripping capacity of the wetland.
4.) the impact upon the fish and wildlife, aesthetic value and open
space.
5.) expert opinion from other impartial sources.
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Wetland Management Chapter
. Page' 7
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Section 8.01 - Wetland Alteration Permit Standards
No wetland alteration permit shall be issued unless the Council
finds and determines that the proposed development complies with
the following standards:
(a) Filling. A minimum amount of filling may be allowed
when necessary for the use of property but only when it
will not have a net adverse affect upon the ecological
and hydrological characteristics of the wetland. In no
case shall a restriction set out below, on total amount
of filling, be exceeded. Since the total amount of
filling which can be permitted is limited, equal appor-
tionment of fill opportunity for other properties
abutting the wetland shall be considered.
1. Any filling shall not cause total natural flood
storage capacity of the wetland to fall below the
projected volume of run-off from the watershed generated
by a 5.9 inch rainfall in 24 hours.
2. Any filling shall not cause total natural nutrient
stripping capacity of the wetland to fall below the
nutrient production of the wetland watershed for
its projected development.
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3. Only fill free of chemical pollutants and organic
wastes may be used.
4. Filling shall be carried out so as to minimize the
impact on vegetation.
5. Filling in wetland areas will not be permitted
during waterfowl breeding season or fish spawning
season.
(b) Dredging. Dredging may be allowed only when it will not
have an adverse effect on the ecological and hydrologi-
cal characteristics of the wetlands. Dredging, when
allowed, shall be limited as follows:
1. It shall be located as to minimize the impact on
vegetation.
2. It shall not adversely change the water flow
characteristics.
3. The size of the dredged area shall be limited to the
minimum required for the proposed action.
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4. Disposal of the dredged material shall not be con-
ducted within the wetland district.
Wetland Management Chapter
Page 8
5. Disposal of any dredged material, if disposed of on
lands adjacent to wetland districts, shall include
proper erosion control and nutrient retention measures.
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6. Work in the wetland area will not be permitted
during the breeding season of the waterfowl or fish
spawning season.
(c) Discharges.
1. Organic waste which will normally be disposed of at
a solid waste disposal site or which would normally be
discharged into a sewage disposal system or sanitary
sewer shall not be directly or indirectly discharged to
a wetland.
2. Soil loss from construction sites within 200 feet
of wetlands shall not be more than 2 tons per acre per
year.
3. The applicant, for the wetland alteration permit
shall be required to demonstrate that after the develop-
ment is completed, the conditions on the site will be
stablized such that the yearly soil loss for the site
will not be greater than 0.5 tons per acre per year.
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4. Soil loss shall be determined utilizing the
"Universal Soil Loss Equation" as defined by the
U.S. Department of Agriculture Soil Conservation
Service Urban Runoff, Erosion and Sediment Control
Handbook and Technical Field Guide.
(d) Storm Water Runoff.
A minimum increase in volume of storm water runoff to a
wetland from a development over the natural volume of
runoff may be allowed when necessary for use of property
but only when it will not have an adverse effect upon
the ecological and hydrological characteristics of the
wetlands. In no case shall the restrictions on runoff
set out below be exceeded. Since the total increase in
runoff which can be permitted is limited, the Council
when considering permit applications shall consider, in
addition to the following, apportionment of runoff
increase opportunity to all wetland property within the
same wetland zoning district.
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. wetland Management Chapter
,Page- 9
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1. Storm water runoff from a development may be direct-
ed to the wetland only when free of silt, debris, and
chemical pollutants, and only at rates which do not
disturb vegetation or increase turbidity. Sheet flow
and other overland drainage of runoff shall be encouraged.
2. The proposed action shall not cause storm water run-
off on the wetlands to take place at a rate which would
exceed the natural rate.
3. The quality of water infiltrated to the water table
or aquifer shall remain unchanged by the development of
the site.
4. The allowed total increased runoff, in combination
with the total fill allowed, shall not cause total
natural flood storage capacity of the wetland to fall below
the projected volume of runoff on the whole developed
wetland watershed generated by a 5.9 inch rainfall in 24
hours.
5. The allowed total increase in runoff, in combination
with the total fill allowed, shall not cause total
natural nutrient stripping capacity of the wetland to
fall below the projected nutrient production from the
whole developed wetland watershed.
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(e) Removal of Vegetation.
No wetland vegetation may be removed or altered except
that which is reasonably required for the placement of
structures and use of property.
Section 8.02
Wetland Alteration Procedures and General
Conditions
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A wetland alteration permit shall not be issued without having
been first reviewed by the Planning Commission and approved by
the Council following the review procedures setforth for con-
ditional use permits in the Zoning Ordinance. A permit must be
approved by at least a 4/5 majority vote of the Council. The
Council may establish reasonable conditions which are specially
set forth in the permit and are necessary to ensure compliance
with requirements contained in this chapter. Such conditions
may, among other matters, limit the size, kind, or character of
the proposed work, require the construction of other structures,
require replacement of vegetation, establish required monitoring
procedures and maintenance activity, stage the work over time,
require the alteration of the site design to ensure buffering,
require the provision of a performance security, or require the
conveyance to the City or another public enity of certain lands
or interests therein.
Wetland Management Chapter
Page 10
Section 8.03 Time of Permit - Extension; Renewals. A permitee
shall begin the work authorized by the permit within 120 days
from the date of issuance of the permit unless a different date
for the commencement of work is setforth in the permit. The
permitee shall complete the work authorized by the permit within
the time limits specified in the permit which in no event shall
exceed more than twelve months from the date of issuance. The
permitee shall notify the City Engineer at least twenty four
hours prior to the initial commencement of work. Should the work
not be commenced as specified herein, the permit shall become
void; provided, however, that if prior to the date established
for commencement of work, the permitee makes written request to
the Council for an extension of time to commence the work,
setting forth the reasons for the required extension, the Council
may grant such extension. A permit which has become void may be
renewed at the discretion of the Council. If the Council does
not grant such renewal, a permit for such work may be granted
only upon compliance with the procedure herein established for an
original application.
Section 8.04 Notice of Completion. The permitee shall notify
the City Engineer in writing of the termination of the work
authorized and no work shall be deemed to have been completed
until approved in writing by the City Engineer.
Section 8.05 Inspection. The City Engineer may cause inspection
of the work to be made periodically during the course of such
work and shall cause final inspection to be made following the
completion of the work. The permitee shall assist the
City Engineer in making such inspection.
Section 8.06 Responsibility: Affect. Neither the issuance of
a permit nor compliance with the conditions thereof, nor with the
provisions of this chapter shall relieve any person from any
responsibility otherwise imposed by law for damage to persons or
property; nor shall the issuance of any permit hereunder serve to
impose any liability on the City or its officers or employees for
injury or damage to persons or .property. A permit issued pur-
suant to this chapter shall not relieve the permitee of the
responsibility of complying with any other requirement
established by law, regulation, or ordinance.
Section 9 General Regulations. Within a wetland district and
for lands abutting or adjacent to a distance of 200 feet, the
following minimum general regulations are applicable;
1. Minimum lot area: 15,000 square feet
2. Minimum structure setback: 75 feet from the ordinary
high water mark.
3. Septic and soil absorption system setbacks: 150 feet
from ordinary high water mark.
4. Lowest ground floor elevation: 3 feet above highest
known water level.
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wetland Management Chapter
-r"ag'e~ 11
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Section 10
5. No development shall be allowed which will endanger the
health, safety, or welfare of persons or which may result
in unusual road maintenance costs or utility line
breakages due to soil limitation, including high frost
action.
Special Considerations.
1.
Existing Improvements: Land to be developed which is
connected to a sanitary sewer line and/or has other
existing special assessments and includes land within the
Wetland Overlay District may be given special consideration
at the discretion of the Council, to the provisions of
the ordinance when being platted in accordance with
section 10-3a. and b. below.
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2.
Future Improvements: The land area in a wetland district
which is dedicated as an easement shall not be subject
to special assessments to defray the cost of other muni-
cipal improvement projects including but not limited to
sanitary sewer and water mains, street and storm sewer
improvements.
3 .
Development Density Transfer and Park Land Dedication
Credit: When land to be developed includes wetlands,
the developer thereof may receive a credit for the undevel-
opable portion of said wetland, as in 10.2 above or by
either:
a. In the form of a density transfer in an amount not to
exceed 5% of the allowed density of water for.the total
area of the development providing that the total number
of units allowed by that zoning district is not exceeded.
b. Or a park land dedication credit to be approved by the
Park and Recreation Commission and Council pursuant to
Ordinance 14-A.
Section 11 Non Conformancy. Existing parcels of record and
structures on the date of enactment of this chapter shall be con-
sidered non conforming and shall not be subject to the provisions
of this chapter but shall be governed by the non conforming use
provisions of the Zoning Ordinance.
Section 12 Severability. Every section, provision or part of
this chapter is declared separable from every other section, pro-
vision or part of this chapter: and, if any section, provision,
or part thereof shall be held invalid, and it shall not affect any
other section, provision or part of this chapter or ordinance.
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Section 13 Enforcement. In the event that any person, firm, or
corporation is found to be in violation of this ordinance, the
Wetland Management Chapter
Page 12
. . I
City"may institute any proper action or proceeding in the name of
the City to correct the violation. The Council may require the
complete restoration of a wetland to its prior natural state at
the perpetrators expense.
Section 14 Pe~a~ty. Any person, firm or corporation violating
any of the prOViSions of this ordinance shall be guilty of a mis-
demeanor and shall be punished by a fine not to exceed $500, or
by imprisonment for a period of not to exceed ninety days. Each
day that a violation continues shall constitute a separate offense.
Section 15
Effective Date.
This chapter shall take effect and be enforced from and after its
passage and publication in the City's official newspaper.
Passed before the Council this ____ day of
, 19
Mayor Signature
ATTEST:
City Clerk/Manager
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