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HomeMy WebLinkAboutOrdinance - 8-2009 - Amending City Code 11.51, Related to Wetlands -CITY OF EIDER PRAIRIE HENNEPIN COUNTY, MINNESOTA [8] Z11 10 ICKLIIN; 1�� AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.51, SUBDIVISON 11, A AND B. RELATING TO SPECIAL REQUIREMENTS FOR WETLAND CONSERVATION ACT AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11 - Section 11. 5 1, Subdivision 11, A and B entitled "Special Requirements for Wetland Conversation Act (WCA) Services are amended in their entirety as follows: A. Wetland Evaluation / Wetland Determination Review — An Applicant submitting a Development Application must provide a report documenting site conditions; wetland delineation review procedures; a statement as, to whether wetlands are present on site and whether the development proposal will result in a loss of wetland. All reports required in this section must be approved by the Environmental Coordinator. The decision of the Environmental Coordinator shall be final unless within 30 days of the date of mailing of the decision the Applicant files an appeal with the City Council pursuant to City Code Section 2.80. Reports must be prepared in accordance with paragraph B. B. Wetland Delineation, Wetland Determination and No Loss Determination Review Application — The Applicant shall complete and file with the Environmental Coordinator an Application for Review of Wetland Determinations in the form required by the Environmental Coordinator. The Application, including the following information, must be filed with the Environmental Coordinator as minimum of one week prior to scheduling a field review by the Environmental Coordinator: I Wetland Delineation Report, Wetland Determination or No Loss Determination Report, one print copy and one electronic (PDF) version in color (all maps in the PDF version need to be developed for an I I" x 17" printable format with sufficient detail so all features are legible); 2. Wetland Buffer Strip Report, one print and one electronic copy (PDF') must be submitted with the Wetland Delineation or No Loss Determination Report; 3. Scaled public land survey map of the wetland delineation and boundary, transect locations and sample points; 4. Survey data in a format compatible with ArcView software; 5, A minimum of two wetland data forms per wetland representing the wetland parameters at two locations along with a data form documenting upland conditions at each location; 6. Color copies of current and historical aerial photographs as required to define current and historic wetland conditions or wetland boundaries; 7. Field data sheets documenting soil, vegetation and hydrology conditions at a minimum of two locations; and 8. Such other information as required by the Environmental Coordinator, Section 2 — City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 - Effective Date -"Phis Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21 st day of July, 2009 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of August, 2009. Katten Porta, City Clerk PhiKoung, Mayor I UI x t rrr L1tJ�tw r HENNEPIN COUNTY,. MINNESOTA. ORDINANCE NO.8-2ti09 AN ORDINANCE OFTHE CITY )F EVEN PRAIRIE, MINNE'S'OTA, A.MENDINGCTTY CODE SECTION .1.51, SUIIDIVISt3N 11, A AND & IELAT'ING TO SPECIAL 1EQ.UIREMENTS FOR WETLAND 'ONSERVATION ACT AND kDOPTING BY REFERENCE CITY BODE CHAPTER AND SECTION SCNNGLPHI GOTA PENALTY Affidavit of Publication MOVISIONS, 'C Southwest Newspapers ;ITYY4iF i E PRAIRIIE, AWNI&SOTA ORDAINS; Section 1. City Code Chapter 11 Section 11.51, Subdivision 11, A ""Special State of Minnesota tttd B entitled Requirements for Wetland )'SS. Conversation Act (WCA) Services are amended in their entirety as �ulpiiJ"� Hennepin p follows. A. Wetland Evaluation Wetland Determination Review - n Applicant submitting a Development Application cation must Laurie A. Hartmann been dulysworn, on oath. says that she is the authorized agent of the of provide a report documenting site publisher of the newspapergknon as the Eden prairie News and has full knowledge the facts pS conditions, wetland delineation herein stated as follows. review procedures; a statement as to whether wetlands are present on (A) This newspaper has complied with the requirements constituting qualification as a legal. site and whether the development newspaper, as provided by Minnesota "Statute 331A.02„ 331A.07, and other applicable laws, as proposal will result in a loss of amended.. wetland. All reports required in this section must be approved by the Environmental Coordinator. B `lire printed public notice that is attached to this Affidavit and identified as No. & ' '9' '�) p � The decision of the Environmental was 'published on the date or dates and in the newspaper stated in the attached No and said Coordinator shall be final unless Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of withi a3Ddaysofthedateofmailing the newspaper specified. printed below is a copy of the lower case alphabet from A to Z, both of the decision the Applicant riles inclusive, and is hereby acknowledged as being the kind and size of type used in the composition an appeal with the City Council and publication of the Notice:. pursuant to City Code Section 2.80. Reports must be prepared in accordance with paragraph D. abcdefghUklmnopgrstuvwxyz B. Wetland Delineation, '4T�ellandDetermination andNoLoss Determination Review Application ' D - The A Plicant shall complete and file with ° the Environmental .--- Laurie A. llartrnann. Coordinator an Application for Review of Wetland Determinations In the form required by the Environmental Coordinator. The Subscribed and sworn before me on Application, including the followin g information, trust be filed with the Environmental Coordinator a minimum of one week prior to this day of 2009 scheduling d field review by the. Environmental Coordinator: 1. Wetland Delineation Report, Wetland Determination or No.Loss Determination Report, oneprint =PUBLIC - NOTARYEStaI copy and one electronic (l'DF) /31/2013 version in color Gall maps in the N to public PDF version steed to be developed for an 11" x 17" printable format with sufficient detail so all features are legible);. 2. Wetland Buffer Strip Report, one print and one electronic copy (PDF)must besubmitted with RATE INFORMATION the Wetland Delineation or No Kass Determination Report; Lowest classified rate paid by commercial users for comparable space... $31.20 per column inch S.Scaled public land survey Maximum rate allowed by law for the above matter:,. ............ $31.2i1 per column inch ma of the wetland delineation and d boundary, transeet locations and Date actually charged for the above matter.. $12.43 per column inch y g........................................ sample points 4. 'Surrey data in a format compatible with ArcView software;, Tutor" KnAt) ui-aa rfgdmr mee of the City Council of theCity of den Prairle on the list day Of July 2009 and finally read and adopted and ordered published at a!, regular meeting of the City Council of said City on the lllth day of August, 2do9i. Phil Young, Mayor Attest: Kathleen. Porta, City Clerk (Published in the Eden prairie News i on Thursday,. August 27, '2009; No. rnaFT °wxnn rI'rr in Ranni Or ITITM