Loading...
1983 09 07 Minutes - Joint Meeting September 7, 1983 City Council, Planning Commission and Environmental Protection Committtee - Discussion of Wetland Management Ordinance Draft (Note: For convenience of review, the following minutes numeri- cally correspond to the annotated copy of the draft ordinance at tached . ) 1. Concern was expressed over the term zero degradation being unattainable or over ambitious. There was also overall concern about the Statement of Finding and Intent and Statement of purpose being overly restrictive, discouraging for development or placing to much responsibility on the City. Some present saw this as not a major problem in that the Statement of Purpose and Intent are of a goal setting nature as well as set proper tone for those to whom the ordinance would apply. Suggestions were made that the language could be softened, especially in 28.2, by replacing such words as "implementation" and prevention" with "encourage" and "control". Note was made that 28.2(6) is inconsistent with the rest of the section since it is a statement of benefit and not one of purpose or method. - The City Attorney said the Statement of Purpose and Intent set the tenor of an ordinance and are not necessarily the teeth or substance. 3. (Last sentence 28.3) It was suggested that a statement be added that when the City Council is to interpret or determine the exact location of wetland boundaries, such should be based upon reliable survey and other such data provided by the applicant. It was suggested by staff that the following definitions be added to provide an explanation on how wetland classes "A" and "B" are determined: 2 . a. Wetland Types: Classifications of Wetlands as defined in u.S. Department of Interior, Fish and wildlife Service, Circular 39, "Wetlands of the u.S. 1956". b. Class A Wetlands: Wetland types 3, 4, 5, 6, 7 and 8. In the case of wetlands adjoining a public waters designated as lake or pond this class shall also include type 2 wetlands. Type 2 wetlands shall also be deemed a class A wetland when adjoining a stream designated as public waters to the extent that it encroaches upon the 100 year floodplain of said stream. e c. Class B Wetlands: Type 2 wetlands not adjoining a public waters d~siqnated as lake or pond nor within the 100 year tLoodp1a~n Of a stream designated as public waters. Joint Meeting Spetmeber 7, 1983 e P~e2 (In response to requests to have wetland description by types, attached are such descriptions as provided by the Soil Conservation Service when the initial wetlands inventory was prepared.) 4. It was questioned if 28.5 and 28.6, Permitted uses in Class A and B wetlands was necessary. The City Attorney concurred that these two sections are not necessary since the ordinance uses the overlay district approach and permitted uses are embodied in the base district permitted uses to the extent limited by the overlay district. e e 5. Change word plating to planting. 6. Change wetland class in introductory sentence to Class B. 7. It was asked if section 28.9(6) conflicted with 28.5(6) con- cerning the installation and repair drain tile. It was noted that 28.5(6) allows for the repair or replacement of drain tile in both Class A or B wetlands that are currently in crop production whereas Section 28.9(6) requires a wetland alteration permit for installation of new drain tile in Class A wetlands or repair or replacement of existing drain tile in Class A wetlands not currently in crop production. 8. It was asked what was the source or reasoning for the 200 foot criteria for Section 28.9(7). This concept was intro- duced to recognize that the areas abutting the wetlands is the area where the most intensive placement of temporary ero- sion control devices will need to occur. Additionally, in most cases, it would be the area where land would need to be set aside for required upland storage basin installation. It was mentioned that there is no doubt that this ordinance will require that an increased amount of normally developable land would need to be set aside for increased upland storage capacity. In response to comments that the terms "quality or quantity" of water are vague, it was mentioned that many of the hydrological criteria formulas and findings used in surface water management are inexact and invite disagreement among experts. 9. Discussion continued on the City's ability to uphold and enforce the ordinance using the criteria found in Section 28.10. The City Engineer indicated that the best that can be done is to arrive at calculated guesses for erosion, runoff, holding capacities, nutrient stripping, etc. 10. When asked, the City Engineer noted that the figure of 5.9 inch rainfall in a 24 hour period is based upon regional climatological data and is used as a standard to calculate runoff and storm sewer needs. Joint Meeting September 7, 1983 e p~e3 11. It was noted this section needs to be reworded for clarity of intent. 12. Section 28.8 needs to be changed to 28.9 to reference that disposal of dredged material within a Class B wetland is possible provided a wetland alteration point for same is approved. 13. Same as 11, above. 14. 200 feet was incorporated for same reasons cited in 8 above. As to how the 2 tons per acre per year will be estimated it was noted that the best source the City has for estimating same is cited in 28.10(6). 15. Same as 14 above. 16. It was suggested that this statement be revised to indicate that the City Council, when reviewing permit applications will be referring to plans for wetland alteration permits as well as input from staff and applicants. e 17. The City Engineer commented that this section is the prin- ciple element that will place a greater requirement and need to construct upland runoff storage facilities. 18. Concern was expressed that if the permitted uses in wetlands (Section 28.5 and 28.6) are eliminated from the ordinance could this statement be construed to prohibit the removal of diseased or storm damaged trees and vegetation. It was noted that none of the base zoning districts prohibit same and as such it would be permissable. 19. It was noted that this section was incorporated into the introductory statement for Section 28.10 in the previous draft. This was done for clarity purposes and same revision should be incorporated into subsequent drafts. 20. It was suggested that alteration permit approvals be granted or denied by a 3/5 vote of the Council. e 21. Comments were made that this section reads like a develop- ment contract and questions were raised as to whether or not it is necessary. Some felt it was necessary to set limita- tions for projects to be completed and ground surfaces to be stabilized and/or restored. Many felt that perhaps the time requirements for the commencement and completion of a project could be respectively increased to 1 year and 2 years after approval is granted. It was the overall senti- ment of those present that this section was awkwardly writ- ten and needed to be reworded. Joint Meeting September 7, 1983 e p~e4 22. It was questioned whether or not this section was necessary and what was the reasoning for the criteria. It was noted that a more detailed explanation will be provided in the minutes of this meeting. (In its deliberations on the wetland ordinance, the Environmental Protection Committee felt there should be restrictions for lands abutting wetlands similar to that found in the Shoreland Management Ordinance. It was felt that these restrictions would alleviate similar problems caused by devel- opment upon or near wetlands that are commonly associated with shoreland development, i.e. excessive direct runoff to open water or wetland basins caused by excessive density, pollution caused by location of septic systems in poor soil areas or in close proximity to open surface drainageways, and structure damage caused by high groundwater or flooding.) e The minimum lot size of 15,000 square feet was agreed upon by vote of the Committee. A lot size minimum of 20,000 was pro- posed at one time, but members felt this to be too restric- tive. This area requirement combined with possible lot frontages between 75 and 90 feet indicated that that lot depth would be in the range of 160 to 200 feet hence use of the uppermost horizontal distance figure of 200 feet in the intro- ductory statement. The setback figure was also arrived at by vote of the Committee. A setback minimum of 50 feet was considered, however, with the understanding that setbacks have an even greater proportional impact on direct runoff to a wetland the Committee voted for the more restrictive 75 foot setback. The septic and soil absorption system setbacks are referenced from the Shoreland Management Ordinance as well as other wetland ordinances. The lowest ground floor elevation restriction was referenced from other wetland ordinances. Section 28.15(5) was referenced from other wetland ordinances. (It is presumed that this section is designed to encourage cost effective installation of public utilities by avoiding areas with potential for high maintenance and repair costs.) 23. The following comments were expressed: - a. It does not provide enough flexibility for determining credit on a case by case basis; b. The 5% figure is excessively low; and c. It may inadvertantly award credit for wetland areas set aside that, under normal circumstances, would not have been altered or used for development purposes. e e e (f) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 47- AN ORDINANCE AMENDING ORDINANCE NO. 47, THE CITY'S ZONING ORDINANCE, BY ADDING A WETLAND OVERLAY DISTRICT It is hereby ordained by the Chanhassen City Council as follows: Section 1. Ordinance No. 47 is amended by adding Section 28 to read as follows: 28.1 STATEMENT OF FINDINGS AND INTENT: Wetlands are a valuable resource. vletlands he~p 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 sapce, as well as serving to provide a natural means for a separation of land uses. It is the intent of this ordinance to establish a program of sound stewardship to conserve, protect and enhance these environmentally sensitive resources through proper management by assuring zero degradation. 28.2 STATEMENT OF PURPOSE: The purpose of this ordinance is to assure the protection of the general health, safety and welfare of the residents and the protection of the wetland resources of the City, for now and in the future, through: 1. Establishment of a wetland overlay zoning district. 2. Education of the community about the importance and functions of wetlands, and the impact of urbanization upon wetlands. 3. Implementation of proper erosion control practices. r 9/2/83 4. Implementation of sound management practices that will protect, conserve, maintain, enhance and improve the present quality of wetlands within the community. e 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 effects of land development which adversely affect wetlands. 8. Reduction of the need for piped storm water improvements. 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 compatible with wetland protection and enhancement. 12. Provision of regulations and standards for the alteration of wetlands. e 13. Control of development outside of the wetland district that may be detrimental to wetlands. 14. Prohibition of dumping of waste in wetlands. 15. Restriction of the placement of structures within wetland , districts. 28.3 ESTABLISHMENT OF WETLAND ZONING DISTRICT: The wetland zoning district shall overlay all zoning districts established by this ordinance so that any parcel of land lying in the wetland overlay district shall also lie in one or more district established in Section 5.01. Lands lying within an overlay district shall be subject to the requirements established herein, as well as restric- e -2- ;::;~~,....::,-..-,,~.~.~~~,,--, . ~r:-~,.,.,.~_ 1" ~~. _. ..\iI\I"-______...,.-~F~~... .--, ---------,-~_~___._...._.~v__.:..;..-.;"- e @ ~ e tions and requirements established by other applicable city ordi- nances and regulations. Nothing in this ordinance shall be ~onstrued to allow any use otherwise prohibited in the underlying zoning distl'ict. The wetland zoning map, entitled "Chanhassen Wetland Ovet'lay District Zoning Map" dated 1983 is hereby adopted to establish the wetland district and an official copy is on file in the office of the City Clerk. Land within the wetland zoning district shall be classified as Class A wetland or Class B wetland as indicated on the map. The City Council shall make any necessary interpretation concerning exact wetland district boundaries based on t~e wetland overlay district map and the intent and purpose of this ordinance. 28.4 DEFINITIONS: 1. 2. Council. The City Council of the City of Chanhassen. Development: The construction, installation or alteration of any structure; the extraction, clearing or modification of terrestrial or aquatic vegetation or land; the alteration of the course, current or cross section of any water body , or water courses; platting. 3. Ordinary High Water Mark: A mark delineating 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 predomin- ately aquatic to predominately terrestrial. 4. Any individual, firm, corporation, partnership, Person: 5. dssociLition or other private or governmental entity. S true tUl'e: Anything constructed or erected on the ground or attached to the ground or deposited on the ground including, -3- but not limited to, buildings, fences, sheds, portable struc- e tures, stock piles, culverts and hard surface parking areas. 6. Wetland: Low areas permanently or seasonally covered with water, referred to generally as marshes, swamps, bogs, wet meadows, sloughs or intermittent lakes. 7. Wetland Watershed: That area of land from which water drains into a designated wetland. 28.5 PERMITTED USES IN CLASS A WETLANDS: Ci) are allowed in Class A wetlands: 1. Conservation of soil, vegetation, water, fish and wildlife. The following uses 2. Scientific research and educational activities that teach principles of ecology and conservation and do not alter a wetland. 3. Agricultural strand wire fences. 4. Non-consumptive recreational activities including, but not e limited to hunting, trapping, bird watching, fishing, nature photography, botanical and other study. Emergency public works for the protection of life and property. 5. 6. Repair or replacement of existing agricultural drain'tile in currently used croplands including hay meadows. Removal of diseased and storm damaged trees and vegetation. 7. 28.6 PERMITTED USES IN CLASS B WETLANDS: The following uses are allowed in Class B wetlands: 1. All uses permitted in Section 28.5 of this ordinance. All uses allowed in the base zoning district except as further prohibited or regulated in Sections 28.8 and 28.9 of this 2. ordinance. e -4- e e@ (!) e .;c). - :'I\I'I! [[nT:':D USES IN CLASS A WETLANDS: The following uses . 1 r~ ~ ~ pt',)/)]:) L t '.'d in Class A wetlands: [) i ~.;pU'cd L '.) f ,';aste material including, but not limi ted to, ,,':'.'/dqC, icrnoli tion debris, hazardous and toxic substances, '."as t", Lha l ':!Quld normally be disposed of at a solid waste rlispos~l site or that would normally be disposed into a sewage dispO:3ill system or sanitary sewer. ') Septic or soil absorption systems. Scdimentntion basins for construction projects. , ... . Open :,:; tor-age. ,'\nlmal feedlots. ; ~ Suslness adverti~ing signs. -, P r L Vii te 1 y o'AIned permanent or seasonal docks. 8. Privately owned walkways and boardwalks. 'J. P0rmanent structures. 10. The plating of any species of the genus Lythrum. 11. DiggIng, dredging or filling. 28.8 PP0HIBITED USES IN CLASS B WETLANDS: The following uses ~re prohibited in Class A wetlands: 1. Disposal of waste material including, but not limite~ to, sewage, demolition debris, hazardous and toxic substances, ..IdS tc tha t \tJOuld normally be disposed of at a solid waste rJi:oposdl site or that would normally be disposed into a sewage d i >ipo:;a 1 sys tern or sani tary sewer. r) /\r11rndl [(~edlots. 'J. Tlw pl.mting of any species of the genus Lythrum. -5- (jJ @ @ 7. 28.0 ~CTIVrTIES REQUIRING A WETLAND ALTERATION PERMIT: The follow- inq ~ctivities ~re prohibited in the Wetland Zoning District indi- e r~ted unl~ss the City Council issues a wetland alteration permit ,lllm-nnq the activity: 1. Scientific research projects in a Class A or Class B wetland which alter the wetland. 2. Public works in a Class A or Class B wetland not permitted in Section 28.5(5). 3. Creation of ponds or dams and alterations of the natural dr~in~ge \~ays or water courses of a Class A or Class B wetland. 4. Removal from Class A wetland of trees or vegetation not per- r mittcd in Section 28.5, Subd. 7. ~. PublIC access walkways and boardwalks, within a Class A wet- l~nd, on public land for public use. 6. Except as provided in Section 28.5(6), installing new drain e tile, or repairing or replacing existing drain tile, in a Class A '.'/etland. Development, any part of which is within 200 feet of a Class A ~;etl~nd and within the wetland's watershed, that may affect the quality or quantity of water flowing to the wetl~nd. 8. Digging, dredging or filling in a Class B wetland. 9. S~ptic or soil absorption systems in a Class B wetland. 10. Sedimentation basins in a Class B wetland. 11. Any structure in a Class B wetland. 28.10 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, as well ~s the intent and purpose of this ordinance. e -6- -'q~,..~_.._..-.---,.-.~.- ......-___.--..~__--.---_..__h_____ _ e @) e (fj) e i'-j 11 ill'l. 1\ minimum amount of filling may be allowed when nC~C'_~~S.lr'/ :-(H' :_~1e use of property, but only when it will not have ,1 n'--''..: ld'.'r-'t':'t' ,'ffect upon the ecological and hydrological character- istlC~ ()t Uw -:Jetland. In determining whether a proposed develop- :nent '..:1 L 1 hdve a net adverse effect on the ecological and hydro- 10QICQl ch3rdcteristics of the wetland, the Council shall consider, but r10t 1 im 1 t i. t:s consideration to, the following factors: (a) Any filling shall not cause total natural flood storaqe capacity of the wetland to fall below the projected '/0 L llmC' of t'un-off from the watershed generated by as. 9 inch ~';1l nL1l L in 24 hrrurs or if it is already below to further r r'nrjucc~ it. The Ci ty may allow deviation from this standard If ':he particular wetland does not serve a significant flood control function or if the filling would displace a very small part of a very large capacity. (b) Any filling shall not cause total natural nutrient :3trlpplnq capacity of the wetland to be diminished to an ~xtcnt that is detrimental to any area river, lake or stream. (c) Only fill free of chemical pollutants and organic ~dstes may be used. (d) Filling shall be carried out so as to minimize t.he impdct on vegetation. (.~) Filling in wetland areas will not be permitted dUt' 1 nq '.-Jd t:crfowl breeding season or fi sh spawning season, I Iltl L, '~iS t.he Ci ty finds that the wetland is not used for waterfowl bt"_'c>dlnq Ot' fish spawning. -7- (jJ) @ ([j) ([) When total fill opportunity is limited, the Council e mAY reserve available fill opportunity for other potential permit C1pplicants. '"l ~. D rl"Ofj i nq. Dredging may be allowed only when it will not have C1n adverse effect on the ecological and hydrological characterIstics of the wetlands. Dredging, when allowed, shall be limited as follows: (a) It shall be located as to minimize the impact on vcqctCltion. (b) It shall not adversely change the water flow charac- I teristics. (c) The size of the dredged area shall be limited to the minimum required for the proposed action. (d) Disposal of the dredged material is prohibited e within the wetland district unless specifically authorized pursuant to Section 28.8. (e) Disposal of any dredged material shall include proper erosion control and nutrient retention measures. o (f) Dredging in any wetland area is prohibite~ during waterfowl breeding season or fish spawning season, unless the City finds that the wetland is not used for breeding or [ish spawning. 3. D i Sd1d rf)'cs . (Q) Soil loss from a construction site any part of which is within 200 feet of the wetland and within the wetland wC1tcrshed shall not exceed a rate of more than 2 tons per ClC!',:: per year. e -8- e (jf) @ e @ e (h) Projected soil loss from a construction site any pdt't of '::hich is within 200 feet of the wetland and within . !1t~ ....t.t Lltld ':latershed after construction is complete and U1l: cond 1 ti_ons on the si te are stabilized shall not exceed 0.5 tons per acre per year. /. . ::--~ to t'~ ',';, \ to r Runoff. A minimum increase in volume of storm ':Id tel' nmoff to a wetland from a development over the natural v01u~u oi runoff may be allowed when necessary for use of property but only when it will not have an adverse effect !Ipon the ecological and hydrological characteristics of the ~Pt1~nds. In no ~ase shall the restrictions on runoff set , :)\1 t :)t,~ 10':1 be exceeded. Since the total increase in runoff ~hich cnn be permitted is limited, the Council when consider- lng permit applications shall consider, in addition to the fol10~inq, apportionment of runoff increase opportunity to ,)11 ~etlnnd property within the same wetland zoning district. (a) Storm water runoff from a development may be directed to the ~etland only when free of silt, debris, and chemical pollutont:s, and only at rates which do not disturb v~getation or increase turbidity. Sheet flow and other overland drainage r)[ nlDo[[ shall be encouraged. (b) The proposed action shall not cause storm water runoLf on the wetlands to take place at a rate which would fildtt'rial1y exceed the natural rate. (c) The quality of water infiltrated to the water table 'lr dqU i [er shall remain materially unchanged by the develop- ment nf the site. -9- @ @ @ (d) The allowed total increased runoff, in combination ','/1 th th'2 total fill allowed, shall not cause total natural e flood storage capacity of the wetland to fall below the pro- jeered volume of runoff on the whole developed wetland water- shed qcnerated by a 5.9 inch rainfall in 24 hours except under the same condition provided in Section 28.10(1)(a). (e) 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 except under the same condition provided r in Sec~ion 28.10(2)(a). 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. e 6. C~lculations. In reviewing Wetland Alteration Proposals, reference shall be made to U.S. Department of Agriculture Soil Conservation Service Urban Runoff, Erosion and Sediment Control Handbook and Technical Field Guide. 28. 11 :'JETLAND ALTERATION PERMIT PROCEDURES: The applicant shall furnish information required by the City such as a site plan and lopo~r~phic data. A wetland alteration permit shall not be issued '~/ithout having been first reviewed by the Planning Commission and approved by the Council following the review procedures set forth for conditional use permits. The applicant shall have the burcl('n of proving that the proposed use or acti vi ty compl ies wi th the purposes, intent and other provisions of this ordinance. A permIt must be approved by a 4/5 vote of the Council. The Council may establish reasonable conditions which are specially set forth e -10- e @ e e ; 11 ~. h'.' pe /'r;; t:: ,md are necessary to ensure compl iance wi th require- :r(~n L-; ,:on ~:' I 1 r,,_'d i C1 thi s chapter ~ Such conditions may, among other :'1dtt'.~r~-;. ]r::llt: the size, kind or character of the proposed work, t":C;U 1 t',> t 1;'--=' (~()n,3 t: ruction of other structures, requi re replacement of vcget~tion, establish required monitoring procedures and ::laintcnancc <tctivity, stage the work over time, require the 31tcr~tion of the site design to ensure buffering, require the proV1Slon of ~ performance security. 28. 12 T T:.1F: fiF PERiUT--EXTENSION AND RENEWALS: Unlt?ss otherwise specified by the Council under the terms i .)f the permit, p~rmittee shall begin the development authorized by (h'.: pcr:ni t wi thin 120 days after the date the Council dpproves the permit application and shall complete the develop- ment ~itllin twelve months after the date the Council approves ttle p(!r:nit application. 2. T1;'~ r>-.'rmlttee shall provide written notice to the City Engineer of the commencement and completion of the development project. The permittee shall provide notice of commencement at least t~cnty-[our hours prior to commencement. The permitt~e shall not helve completed the development until the permittee delivers Ilotice of completion to the City Engineer. :'. r f !.he permi ttee fails to commence work on the development ','11 Lh in the time specified herein, the permit shall be void. Ill,.: COllnc i 1 may renew a void permi t at its discretion. If ~'hc Council does not renew the permit, the holder of the va 1 d PI: rm it may make original application for a new permi t. , '. . 'fhe permittee may make written application to the Council for an extension of the time to e:ommence work, but only if -11- 'ht~ pt>rr~ll t tee submi ts the application prior to the date already e '!S tubl i ~c;ht~d to commence work. The application for an extension sha.ll st~te the reasons the permittee requires an extension. 23.13 IilSPECTTON: The City Engineer may cause inspection of the work to be made periodically during the course of such work dnd sha.ll ca.use final inspection to be made following the comple- t: ion of the '.'Iork. 28.14 REsrorls IBILITY: AFFECT: Neither the issuance of a permit nor complia.nce with the conditions thereof, nor with the provisions of this chdPter shall. relieve any person from any responsibility r othcr~ise imposed by law for damage to persons or property; nor sha.!l the issuance of any permit hereunder serve to impose any liability on the City or its officers or employees for injury or dama.ge to persons or property. e 28.15 GErJERAL REGULATIONS: Within the wetland district and for la.nds a.buttinq or adjacent to a horizontal distance of 200 feet, the folloYJing minimum general regulations are applicable: 1 . ~inimum lot area: 15,000 square feet. @z. ~inimum structure setback: 75 feet from the ordinary high ~'IClter mark. ~ . Septic und soil absorption system setbacks: 150 feet from ordinary high water mark. 4 . Lc)'../t~st gt'ound floor elevation: 3 feet above highest known ~'J d tr~ r 1 c v (~ 1 . S. rJo (Ic~vt>lopment shall be allowed which may resul t in unusual road muintenance costs or utility line breakages due to soil limItation, including high frost action. e -12- e , . 28. 1 b '::ETL/\fm C RED IT: When construction of structures within a wetland is prohibited because of the restraints imposed by Section 28 of this ordinance, a developer of contiguous property under the same ownership may either: ~ ,. Reduce the lot size requirement by 5% on contiguous property not exceeding the size of the land within the wetland, or 2. Receive a park land dedication credit when subdividing the contiguous property equal to 5% of the fair market value of the land in the wetland but not exceeding the total dedication requifement. 28.17 ENFORCEMENT: In addition to criminal prosecution, the e e City may institute proceedings to correct any violation of this ordinance. The City may require the complete restoration of a wetland to its prior natural state at the violator's expense. 28.18 SEVERABILITY: Every section, provision or part of this ordinance is separable from every other section, provision or part of this ordinance, and if any section, provision or part thereof shall be held invalid by any court of competent j~risdiction, it shall not affect any other section, provision or part of this ordinance. 28.10 PENALTY: Violators of this ordinance shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed ~5500 Ot' hy imprisonment for a period of not to exceed 90 days. Eacll day that a violation continues shall constitute'a separate offcn~)e. -13- Section 2. Effective Date. This ordinance shall take effect and be enforced from and after its passage and publication in the City's official newspaper. Adopted this day of , 1983. CITY OF CHANHASSEN BY: Its Mayor ATTEST: Its City Clerk/Manager -14- . t e e e C. Watershed Characteristics: The following are included: basin loca- .: e tion, size of drainage area, size of wetland, ratio of wetland to watershed, open water in wetland, and the drainage outlet to the nearest significant lake or stream. D. Present Land Use: Agriculture, Residential, Commercial or Industrial. E. Comments: Relating to unusual or significant characteristics, such as a major lake, unusual location, vegetation, etc. WETLAND TYPES The Wetland Types definitions are taken from Circular 39 "Wetlands of the United States", U. S. Department of the Interior, Fish and Wildlife Service, 1956. The Wet- land Types definitions were then modified somewhat to describe more closely.the char- acteristics of the wetlands found in the city of Chanhassen. See "Wetland Conserva- e tion Basins" map for location of each of the one hundred and two wetlands found within the city of Chanhassen. ,. TYPE .l--SEASONALLY FLOODED BASINS OR FLATS. (Type I wetland areas are not identified in this report.) The soil is covered with water or is waterlogged during variable seasonal periods, but usually is well drained during much of the growing season. , This type is found both in upland depressions and in overflow bottom-lands. Along river courses, flooding occurs in late fall, winter, or spring. In the uplands, basins or flats may be filled with water during periods of heavy rain or melting snow. Vegetation varies greatly according to the 'season and the duration of flood- ing. It includes bottom-land hardwoods as well as some herbaceous gro\~hs. Where (t: '. ., ., the water has receded early in the growing season, smartweeds, wild millet, fall e panicum tealgrass, nlarsh elder, ragweed, cockleburs, etc. are likely to occur. ~. Shallow basins that are submerged only very temporarily usually develop little or A " no wetland vegetation and are commonly farmed. -4- TYPE 2--MEADOW. The basin's soil usually is without water standing on it during most e J of the growing season, but is waterlogged within at least a few inches of its sur- face. Vegetation includes grasses, sedges, rushes, and various broad-leaved plants. Representative plants are reed canary grass, carex, rushes, redtop, reedgrasses, mints, etc. Meadows may fill shallow lake basins, sloughs, or these meadows may border shallow marshes. Wild hay is often cut from these areas. TYPE 3--SHALLOW MARSH. The basin's soil is usually waterlogged during the growing j season; often it is covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, spikerushes, and various other marsh plants such as cat- tails, arrowheads, pickerelpeed, and smartweeds. These marshes may nearly fill shal- low lake basins or sloughs, or they may border deep marshes or lakes. TYPE 4--DEEP MARSH. The basin's soil is covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, bul- e rushes, spikerushes, etc. In open water areas, pondweeds, coontail, watermilfoils, waterweeds, duckweeds, waterlilies, etc. may occur. A deep marsh is often comprised of interspersed areas of emergent vegetation and open water, commonly a mosaic of open and emergent areas. TYPE 5--0PEN WATER. Lakes and shallow ponds are included in this type. Water depth varies from three to forty feet and deeper, and is usually fringed by a border of emergent vegetation. Vegetation (mainly at water depths of less than six feet) in- eluding pondweeds, wild celery, eoontail, watermilfoils,muskgrasses, waterlilies, etc. I I~ TYPE 6--SHRUn SWAMP. The basin's soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation in- eludes alders, willows, dogwoods, etc. Shrub swamps occur mostly along sluggish e streams and occasionally on flood plains. -5- e TYPE 7--WOODED SWM4P. The basin's soil is waterlogged to within a few inches of its surface during the growing season, and is often covered with as much as one foot of water. Wooded swamps occur mostly along sluggish stremns, on the Minnesota River flood plain, on flat uplands, and in very shallow lake basins. Trees include soft maple, cottonwood, elm, aspen and ash. Deciduous swamps frequently support beds of duckweeds, smartweeds, and other herbs. TYPE 8--BOG. (Type 8 wetland areas are not identified in this report.) Rarely found in Carver County and Chanhassen. The basin's soil is usually waterlogged and supports a spongy covering of mosses. Bogs occur mostly in shallow lake basins, in flat uplands, and along sluggish streams. Vegetation is woody.or her- baceous, or both. Typical plants are heath shrubs, sphagnum moss, sedges, lether- leaf, cranberries, carex, etc. Scattered, often stunted, tamarack may occur. e WETLAND SOILS The soils present within the wetland basin in the city of Chanhassen were de- termined by using the published U. S. Soil Conservation Service Soil Survey for Carver County. Map symbols are provided for use with the "Wetland Data Sheets" and soil survey maps. A short description of the soils found in this report follows: (1) Marsh (Ma) Marsh consists of shallow lakes and ponds that contain reeds, sedges and other aquatic vegetation. Most areas are wet all year long and the un- derlying soil material has not been classified. e (2) Peat and Muck, Deep (Pd) This soil is an organic soil, developed from decomposed aquatic vegetation, that occurs in wet depressions throughout the County. The largest areas are on former lake bottoms where the soil materials consist mainly of peaty muck deposits that are 3~ to 10 feet or more in thickness. _r._ h ~.