HomeMy WebLinkAboutOrdinance - 6-2000 - Amending City Code by adding Section 11.51, relating to Wetlands - 01/18/2000 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO. 6-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE
CHAPTER 11,LAND USE REGULATIONS (ZONING),BY ADDING SECTION 11.51 RELATING
TO ESTABLISHMENT OF STANDARDS FOR THE PROTECTION OF WETLANDS AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA ORDAINS:
Section 1. City Code Chapter 11 as amended by adding Section 11.51 entitled"Standards for
the Protection of Wetlands"adopted as follows:
SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS
Subd. 1. Preamble
This Code hereby incorporates by reference the Wetlands Conservation Act[Minn. Stat. 103G.221 et
seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislature. All
wetlands, as defined in Section 11.51, Subd. 3 of this Code, including those governed by the
Department of Natural Resources, are covered by this Code. In unique situations where the physical
characteristics of a specific parcel of land preclude the strict enforcement of these regulations,
alternatives to these standards are established in Section 11.51, Subd. 7 of this Code.
Subd. 2. Purpose
Through the adoption and enforcement of this Code,the City shall promote the general health, safety,
and welfare of its residents by both conserving and protecting wetlands and requiring sound
management practices as provided for in the WCA when development occurs in the vicinity of
wetlands. It is the intent of this ordinance to avoid the alteration and destruction of wetlands. Through
the implementation of this Code,the City seeks to accomplish the following purposes:
1. Balance the need to preserve and protect natural resources and systems with both the rights of
private property owners and the need to support the efficient use of developable land within the
City;
2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive
the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients and
toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and
streams, thus avoiding the contamination and eutrophication of these water features;
3. Reduce human disturbances to wetlands by providing a visual and physical transition from
surrounding yards; and
4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal
species within the City.
Subd. 3.Definitions.
The following terms, as used in this Section, shall have the meanings stated. Terms not defined shall
have the meaning as stated in Section 11.02:
A. "Applicant"—The"Applicant"means the person applying to begin a development in the City.
B. "Bog"—A`Bog"is a Type 8 Wetland as defined by U.S. Fish and Wildlife Circular 39.
C. "City Manager"—The "City Manager"means the City Manager or his/her designee."
D. "City Wetland Map"—The"City Wetland Map"is referenced as"Figure 2—Wetland,Lake and
Stormwater Pond Locations" and is part of the Comprehensive Wetland Protection &
Management Plan(1999)prepared by the City. The City Wetland Map may be amended from
time to time as wetland, lake and stormwater pond conditions change. The City map adopted by
this ordinance shall be prima facie evidence of the location and classification of a wetland.
E. "Development Application" — "Development Application" includes but is not limited to
applications for Land Development, Site Plan Review, Planned Unit Development, rezoning,
platting or land alteration.
F. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems.
G. "MinRAM" — The Minnesota Routine Assessment Methodology (MinRAlVl) as referenced in
Minnesota Rules 8420.0540, Subpart 10(G). MinRAM is a field tool used to assess wetland
functions on a qualitative basis. Functions include floristic diversity and integrity; wildlife
habitat;water quality protection;flood&stormwater attenuation;recreation, aesthetics,education
& science; fishery habitat; shoreline protection; groundwater interaction; and commercial uses.
H. "NURP Pond" — A stormwater pond constructed to meet National Urban Runoff Program
requirements.
I. "Public Value Credit(PVC)"—Wetland replacement credit that can only be used for the portion
of wetland replacement requiring greater than a 1:1 ratio of wetland fill to wetland replacement.
J. "Setback'—The minimum horizontal distance between a structure and the nearest edge of the
wetland buffer strip.
K. "Scientific or Natural Area"—"Scientific or Natural Area"means an area designated by local,
state or federal action as providing unique qualities such as recreational, scientific or educational
uses. This would include,but is not limited to areas that:
• have resources restored for specific purposes, such as water quality improvement, wetland
mitigation or wildlife habitat,
• have a direct hydrologic association with a designated trout stream,
• border the Minnesota River,
• Are recognized as an Outstanding Resource Value Water(Minn.Rules Chapter 7050),
• are within an environmental corridor identified in a local water management plan,
• are part of a sole-source aquifer recharge area,
• provide endangered species habitat, or
• have biological communities or species that area listed in the Natural Heritage inventory
database.
L. "Structure"—A"Structure"means a Structure as defined in Section 11.02, 56 of this Code.
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M. "Vegetation, Native" - Plant species indigenous to or naturalized to the State of Minnesota,
excluding noxious weeds as defined and designated pursuant to the "Minnesota noxious weed
law",Minnesota Statutes, Sections 18.76-18.88, as amended from time to time.
N. "Wetland"-Lands transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land is covered by shallow water. For purposes of this
definition,wetlands must:
• have a predominance of hydric soils;
• be inundated or saturated by surface or ground water at a frequency and duration sufficient
to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil
conditions; and
• under normal circumstances support a prevalence of hydrophytic vegetation.
O. "Wetland Buffer Strip" - An area of vegetated ground cover around the perimeter of a wetland
that, either in its natural condition or through intervention,has the characteristics of a Buffer as
defined in Section 11.02, 7, `Buffer".
P. "Wetlands, Exceptional Quality" - Exceptional Quality wetlands have an exceptional floristic
diversity and integrity function,based on the results of MinRAM. They contain an abundance
of different plant species with dominance evenly spread among several species. Such wetlands
may support some rare or unusual plant species. Invasive or exotic plant species are either absent
or limited to small areas where some disturbance has occurred. These wetlands exhibit no
evidence of significant man-induced water level fluctuation.
Q. "Wetlands, High Quality" - High quality wetlands have a high floristic diversity and integrity
function,based on the results of MinRAM, and are still generally in their natural state. They tend
to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant
species may be present and species dominance may not be evenly distributed among several
species. There tends to be little evidence of water level fluctuation due to storms and their
shorelines are stable with little evidence of erosion. They show little if any evidence of human
influences resulting in higher levels of species diversity,wildlife habitat and ecological stability.
R. "Wetlands,Moderate Quality'-Moderate quality wetlands have a moderate floristic diversity and
integrity function,based on the results of MinRAM. They have a slightly higher number of plant
species present than low quality wetlands, often with small pockets of indigenous species within
larger areas dominated by invasive or exotic species. Their relatively greater species diversity
results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in
water level in response to storms and less evidence of shoreline erosion than low quality wetlands.
They also exhibit relatively less evidence of human influences and therefore, tend to be of a
higher aesthetic quality than low quality wetlands.
S. "Wetlands, Low Quality"-Wetlands included in this category have a low floristic diversity and
integrity function,based on MinRAM, and have been substantially altered by agricultural or urban
development that caused over-nitrification, soil erosion, sedimentation and water quality
degradation. As a result of these factors these wetlands exhibit low levels of plant species
diversity; overcrowding and dominance of such invasive species as reed canary grass and purple
loosestrife; and a related reduction in the quality of wildlife habitat. These wetlands may also tend
to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline
erosion. These wetlands do provide for water quality and serve an important role in protecting
water quality downstream.
T. "Wildlife Habitat"-Plant communities that support wildlife in a natural,undomesticated state.
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U. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands
or wetland buffer strips on the property.
V. "Yard-Front"—The portion of a Yard extending across the front of the lot between the side lines
of the lot and lying between the front line of the lot and the nearest line of a building.
W. "Yard-Rear '—The portion of a Yard between the rear lines of the building and the rear line of the
lot, for the full width of the lot.
X. "Yard-Side"—The portion of a Yard between the building and the side lot line, and extending
from the front lot line to the furthest extent of the rear lot line.
Subd. 4. General Provisions —Identification, Delineation, Mitigation, Testing and Reporting
Requirements.
A. This Code shall apply to all lands containing wetlands and lands within the setback and wetland
buffer strips required by this Code. Wetlands shall be subject to the requirements established
herein, as well as restrictions and requirements established by other applicable Federal, State, and
City ordinances and regulations. These wetland protection regulations shall not be construed to
allow anything otherwise prohibited in the zoning district where the wetland is located. This
Code establishes four wetland classifications as defined in Section 11.51, Subd. 3 of this Code;
Exceptional Quality,High Quality,Moderate Quality, and Low Quality.
B. The presence or absence of a wetland on the City Wetland Map does not represent a definitive
determination as to whether a wetland covered by this Code is or is not present. Wetlands that
are identified during site specific delineation activities but do not appear on the City Wetland Map
are still subject to the provisions of the Code. It is the responsibility of the Applicant to determine
whether a wetland exists on a subject property or within the setback from a wetland on an adjacent
property.
It is the responsibility of the Applicant to delineate the wetland boundary of wetlands on the
subject property("Wetland Delineation Report"). An Applicant shall not be required to delineate
wetlands on adjacent property. However, an Applicant shall be required to review available
information, including but not limited to the City Wetland Map, County Soil Survey Map,U.S.
Fish and Wildlife Service Wetland Maps,and visual information such as the presence of wetland
vegetation and hydrologic evidence which can be viewed from the subject property,to estimate
the wetland boundary.
C. Written documentation identifying the presence or absence of wetlands on the property,including
any wetland delineation and wetland buffer strip vegetation evaluation,must be provided to the
City by the Applicant with the Development Application. It is the responsibility of the Applicant
to contact the City to obtain a wetland or water body identification number and any information
regarding the documented wetland, including any existing n inR AM information, for inclusion
in any documentation provided to the City by the Applicant. All Wetland Delineation Reports
and Wetland Buffer Strip Vegetation Evaluation Reports must be provided to the City for
evaluation during development review. The Applicant must also contact the City to obtain a
water body identification number for any existing or proposed stormwater or NURP pond within
the Development.
D. A MinRAM functional assessment(Version 1.0 or newer)must be completed by the Applicant
for wetlands which are not identified on the City Wetland Map or for wetlands for which the
Applicant's wetland information is significantly different in function, size or position from the
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City's assessment. The functional assessment must be submitted to the City with the Wetland
Delineation Report.
E. Water quality testing results must be provided by the Applicant for any Development Application
involving a wetland buffer strip of less than 100 feet for wetlands of exceptional quality which
contain standing water during the growing season. One water sample must be collected from the
surface water(within the upper 12 inches of water) and analyzed by an accredited laboratory for
pH, conductivity, total phosphorus, soluble reactive phosphorus, total dissolved solids, total
suspended solids and chlorides. The water quality testing results must be submitted to the City
with the wetland delineation report.
F. For Development Applications involving wetland filling or draining,the Applicant must provide
written documentation to the City with the Development Application regarding the avoidance and
minimization efforts used to avoid or minimize impact upon the wetland. Conceptual wetland
replacement plans for any proposed impacts that would require replacement under WCA or U.S.
Army Corps of Engineers regulatory programs must also be provided to the City by the Applicant
at this time. It is the responsibility of the Applicant to contact the City to obtain a wetland
identification number for use in the replacement plan report for any replacement wetlands
constructed within the City.
G. If the Applicant disputes whether a wetland exists or its classification, the Applicant has the
burden to supply detailed information supporting the Applicant's assertion. This includes,but is
not limited to, historical aerial photography, topographic, hydrologic, floristic and/or soil data
deemed necessary by the City or Local Governmental Unit(LGU)under the WCA to determine
the jurisdictional status of the wetland, its exact boundary and its classification.
H. Wetland Buffer Strip Vegetation Evaluation and Wetland Delineation Reports supplied by the
Applicant shall be prepared by a qualified wetland delineator in accordance with current state and
federal regulations. Wetland delineators must satisfy all certification requirements that are
established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil
Resources or, in the absence of such certification, are determined by the City Manager to be a
qualified wetland delineator.
Subd. 5. General Standards
The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip:
A. Structures intended to provide access to or across a wetland shall be prohibited unless a permit
is obtained in conformance with Minnesota Statutes and applicable state rules and regulations.
B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be followed
to avoid erosion and sedimentation during the construction process. In addition, the Applicant
shall follow the regulations set forth in City Code Section 11.55, Subd. 6.
C. The manner in which storm water is routed through a natural wetland will be designed in
accordance with the following hydroperiod standards to avoid water level fluctuations to the
wetland during storm and snow-melt runoff events. The standards have been adapted from the
State of Minnesota's Storm-Water Advisory Group's"Storm-Water and Wetlands: Planning and
Evaluation Guidelines for Addressing Potential Impact of Urban Storm-Water and Snow-Melt
Runoff on Wetlands". Scientific or Natural Areas and Bogs shall be governed by the Exceptional
Quality Wetland Standards stated below.
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Hydroperiod Standard Exceptional High Quality Moderate Low Quality
Quality Wetlands Quality Wetlands
Wetlands Wetlands
Storm Bounce Existing Existing plus 0.5 Existing plus 1.0 No limit
feet feet
Discharge Rate Existing Existing Existing or less Existing or less
Inundation Period for Existing Existing plus 1 Existing plus 2 Existing plus 7
1 & 2 year day days days
precipitation event
Inundation Period for Existing Existing plus 7 Existing plus 14 Existing plus 21
10 year precipitation days days days
event& greater
Run-out control No change No change 0 to 1.0 feet 0 to 4.0 feet
elevation (free flowing) above existing above existing
run out run out
Run-out control Above Above Above Above
elevation (landlocked) delineated delineated delineated delineated
wetland wetland wetland wetland
D. Where a wetland buffer strip is required,the Applicant shall:
(i) Before the City releases the final plat or, if there is no plat approval involved, the first
building permit for the entire subject property, submit to the City Manager and receive the
City Manager's approval of a conservation easement for protection of the approved wetland
buffer strip. The easement must describe the boundaries of the wetland and wetland buffer
strips,monuments and monument locations and prohibit any Structures,paving,mowing,
introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal,
fertilizer application or removal of the wetland buffer strip monuments within the wetland
buffer strip or the wetland.
(ii) Before the City releases the first building permit for the entire subject property,
(a) submit evidence to the City Manager that the approved easement document has been
recorded in the Hennepin County Recorder's/Registrar of Titles'office,
(b) submit a duplicate original of the easement document executed and acknowledged and
otherwise in form and substance acceptable for filing with the Hennepin County
Recorder/Registrar of Titles office and,
(c) install the wetland monumentation required by Section 11.51, Subdivision 8 of this
ordinance.
E. All Yards shall be sodded or seeded and mulched. All open areas within the wetland buffer strip
shall be seeded and/or planted in accordance with Subdivision 9 (C). All sodding, seeding or
planting must be completed prior to removal of any erosion control. If construction is completed
after the end of the growing season, erosion control shall be left in place and all disturbed areas
shall be mulched to protect these areas over the winter season. Variances for sod outside of the
wetland buffer strip areas, in accordance with City Code Section 9.71 shall be considered on a
case by case basis.
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Subd. 6. Wetland Buffer Strips and Setbacks
A. For a Lot of record or a Development Application approved by the City Council after February
1, 2000,the Applicant shall maintain a wetland buffer strip around the perimeter of all wetlands
and all stormwater or NURP ponds which are constructed as part of a wetland mitigation plan or
Public Value Credit as part of an approved wetland mitigation plan. The setback and wetland
buffer strip provisions of this Code shall not apply to a Lot of record as of February 1, 2000 or
for Development Applications for which site plans,preliminary plats, final plats or planned unit
development plans have been approved by the Community Planning Board or City Council prior
to this date. The City does however, strongly encourage the use of a wetland buffer strip and
setback on all lots in the City.
B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland
or stormwater pond is on the same parcel as a proposed Development Application. For parcels
in which the wetland or stormwater or NURP pond is on an adjacent parcel, the setback and
wetland buffer strip requirements for the parcel shall be reduced by the distance between the
property line of the parcel and the wetland or stormwater pond on the adjacent parcel. This
provision in no way reduces or eliminates any other setbacks required by the City Code or any
other law or regulation.
C. The Applicant shall establish and maintain wetland buffer strip vegetation in accordance with the
requirements found in Section 11.51, Subd. 9. Wetland buffer strips shall be identified within
each Lot by permanent monumentation approved by the City Manager in accordance with Section
11.51, Subd. 8.
D. Alterations, including but not limited to building, paving, mowing, introduction of non-native
vegetation, cutting, filling, dumping,yard waste disposal or fertilizer application, are prohibited
within the wetland buffer strip. However, non-native vegetation, such as European buckthorn,
purple loosestrife and reed canary grass,may be removed as long as the wetland buffer strip is
maintained to the standards required by the City. Alterations would not include plantings that
enhance the native vegetation or selective clearing or pruning of trees or vegetation that are dead,
diseased or pose similar hazards.
E. For roadways or other Structures where the City determines that there is no practical alternative
except to be aligned either adjacent to or across wetlands, additional wetland filling to create a
wetland buffer strip shall not be required. Trails that are intended to serve an interpretive function
are also exempted from the wetland buffer strip requirement. All other areas and Structures,
including roadways and trails shall meet the setbacks and wetland buffer strip standards
established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural
appearance is encouraged.
F. An existing structure, driveway or parking area would be considered a legal nonconforming
structure if a later WCA delineation shows that the wetland is closer than the required setback.
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Table 1 -Wetland Buffer Strips and Setbacks
Exceptional High Moderate Low
Wetland Buffer Strip (Minimum Width) 50' 50' 25' 25'
Structure Setback(from Wetland Buffer Strip) 15' 15' 15' 15'
Total Minimum Distance from Wetland 65' 65' 40' 40'
* The wetland buffer strip width for stormwater ponds utilized as mitigation credit shall be
measured from the Ordinary High Water Level(OHWL) of the pond.
Subd. 7. Alternative Wetland Buffer Strips and Setbacks With Extraordinary Management
Measures
A. Recognizing that there are instances where, because of the unique physical characteristics of a
specific parcel of land, alternative wetland buffer strips may be necessary to allow for the
reasonable use of the land,the alternative wetland buffer strip standards set forth below may be
applied based on an assessment of the following:
(1) Undue hardship would arise from not allowing the alternative, or would otherwise not
be in the public interest,
(2) Size of the parcel,
(3) Configuration of existing roads and utilities,
(4) Percentage of parcel covered by wetlands,
(5) Configuration of wetlands on the parcel, and
(6) Results of the water quality testing provided pursuant to Subdivision 4 (E).
B. The appropriateness of using the alternative standards will be evaluated as part of the review of
the Applicant's Development Application. An Applicant must receive City Council approval to
use the alternative standards. The alternative used must be within the spirit and intent of this
Code.
C. In instances where alternative wetland buffer strip standards are approved for a wetland, the
Applicant will be required to apply extraordinary management measures during and for two years
after construction to control erosion, sedimentation and nutrient loading which may affect the
wetland. Dual-silt fencing is the recommended measure. Dual silt fencing will be considered
properly installed if the up-slope fence is installed on the undisturbed edge of the wetland buffer
strip and the down-slope fence is installed 5 to 6 feet into the unscarified wetland buffer strip. Silt
fence must be placed outside of the wetland. An Applicant must demonstrate that alternatives to
the recommended measures to control erosion, sedimentation and nutrient loading will limit
dissolved phosphorus concentration to one milligram per liter (mg/1) or less. Extraordinary
management measures that may be permitted in conjunction with and up-slope from the above
wetland buffer strip and setback requirement include, but are not limited to, measures that add
redundant protections to normally required Best Management Practices.
D. Where alternative wetland buffer strip standards are approved,wetland buffer strips and structure
setbacks shall meet the standards established in Table 2 below.
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Table 2 -Alternative Wetland Buffer Strips and Setbacks, With Extraordinary Measures
Exceptional High Moderate Low
Wetland Buffer Strip (Minimum Width) 35' 30' 15' 10'
Average Wetland Buffer Strip Width 50' 45' 20' 15'
Structure Setback(from Wetland Buffer Strip) 15' 15' 15' 15'
Total(Average)Distance from Wetland: 65' 60' 35' 30'
E. An Applicant shall be responsible for submitting with the Development Application all of the
necessary information to document that the proposed extraordinary construction and stormwater
management practices will meet or exceed the performance of the required wetland buffer strips
and setbacks. An Applicant also has the burden of proving that the purpose and objectives of this
Code will be met through the use of these Extraordinary Management Practices.
Subd. 8. Monumentation
A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a
maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional posts shall be
placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip
is required,monuments shall be placed at the wetland boundary. The monument shall consist of a post
and a wetland buffer strip sign. The post shall be of a material approved by the City Manager, such as
a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4"). The sign
shall be mounted flush with the top of the post and shall state"Wetland Buffer:No Mowing Allowed"
or"Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of a minimum
of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with
an anchor attachment that would expand upon attempted removal. Monuments may be waived in
unusual circumstances where the City determines that such signs would not serve a practical purpose.
Subd. 9. Wetland Buffer Strip Vegetation Performance Standards
A. Where acceptable natural vegetation exists in wetland buffer strip areas, the retention of such
vegetation in an undisturbed state is required unless an Applicant receives approval to replace
such vegetation. A wetland buffer strip has acceptable natural vegetation if it:
(i) has a continuous,dense layer of perennial grasses that have been uncultivated or unbroken
for at least 5 consecutive years, or
(ii) has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have
been uncultivated or unbroken for at least 5 consecutive years, or
(iii) contains a mixture of the plant communities described in(1) and(2) above,that have been
uncultivated or unbroken for at least 5 consecutive years.
B. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the City
Manager may determine existing wetland buffer strip vegetation to be unacceptable if:
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(i) it is composed of undesirable plant species(including,but not limited to common buckthorn,
purple loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes,
Sections 18.76-18.88), or
(ii) has topography that tends to channelize the flow of surface runoff, or
(iii) for some other reason it is unlikely to retain nutrients and sediment.
C. Where wetland buffer strips, or a portion thereof, are not vegetated or have been cultivated or
otherwise disturbed within 5 years of the permit application, such areas shall be re-planted and
maintained. The wetland buffer strip plantings must be identified on the Development
Application. The wetland buffer strip landscaping shall be according to each of the following
standards:
(i) Wetland buffer strips shall be planted with a seed mix containing 100 percent perennial
native vegetation, except for a one-time planting of an annual nurse or cover crop such as
oats or rye.
(ii) The seed mix to be used shall be broadcast at a minimum rate of 30 pounds per acre. The
annual nurse or cover crop to be used shall be applied at a minimum rate of 20 pounds per
acre. The seed mix shall consist of at least 12 pounds pure live seed(PLS)per acre of native
prairie grass seed and 3 pounds PLS per acre of native forbs. Native prairie grass and native
forb mixes shall contain no fewer than five(5)native prairie grasses and fifteen(15)native
forb species. The Minnesota Department of Transportation Mix for prairie sedge and prairie
meadow areas,Mixture 25A Modified(25B or 26B) or other alternative pre-approved by
the City Manager can be used to meet these requirements. Applicants may obtain from the
City a set of Native Wetland&Buffer Area Seeding Guidelines for wetland buffer strips
that meet City requirements.
(iii) Native shrubs may be substituted for native forbs. All substitutions must be pre-approved
by the City Manager. Such shrubs may be bare root seedlings and shall be planted at a
minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural
appearance and shall not be planted in rows.
(iv) Any groundcover or shrub plantings installed within the wetland buffer strip are independent
of landscaping required elsewhere by the City Code.
(v) Native prairie grasses and forbs shall be seeded or planted by a qualified contractor. The
method of application and determination of the contractor's qualifications shall be made by
the City Manager. It is the responsibility of the Applicant to have the contractor and method
used approved by the City Manager prior to planting or seeding.
(vi) No fertilizer shall be used in establishing new wetland buffer strips, except on highly
disturbed sites when deemed necessary to establish acceptable wetland buffer strip
vegetation and then limited to amounts indicated by an accredited soil testing laboratory.
Determination of proper accreditation shall be made by the City Manager.
(vii) All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre.
Mulch shall be anchored with a disk or tackifier.
(viii)Wetland buffer strips(both natural and created), shall be protected by erosion control during
construction in accordance with Section 11.51, Subd. 7.
(ix) The erosion control shall remain in place until the area crop is established.
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D. The Applicant shall establish and maintain the wetland buffer strip vegetation in accordance with
the requirements found in this Code. During the first two full growing seasons, the Applicant
must replant any wetland buffer strip vegetation that does not survive. After two full growing
seasons, if the condition of the wetland buffer strip changes,the Applicant shall not be required
to reestablish the wetland buffer strip to meet the standards contained in Section 11.51, Subd. 9.
The Owner shall be responsible for reseeding and/or replanting if the wetland buffer strip changes
at any time through human intervention or activities.At a minimum the wetland buffer strip must
be maintained as a"no mow"area.
Subd. 10. Encroachment in Required Setback and Wetland Buffer Strip Areas
A. Wetland buffer strips must be kept free of all Structures. Wetland buffer strips must not be mown
except as pre-approved in writing by the City Manager for maintenance practices. The
acceptability of the proposed maintenance practices shall be made by the City Manager.
B. No more than ten percent(10%)of the Structure Setback area may be occupied by any Structures.
C. Variances/Waivers
(i) Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1 and
waivers approved pursuant to Section 11.40, Subd. 8 for a Planned Unit Development
(PUD) process shall be granted. All variance requests must be made to the Board of
Adjustments and Appeals. All waiver requests must be made to the Community Planning
Board and the City Council.
(ii) Variances or waivers shall not be granted which would circumvent the intent and purposes
of Section 11.51.
Subd. 11. Performance Bond Required.
If a Development Application requires landscaping or construction of a wetland buffer strip no work
shall begin and no permits shall be issued until the Applicant files with the City Manager a performance
bond, cash escrow or letter of credit with a corporation approved by the City Manager, as surety
thereon, or other guarantee acceptable to the City Manager and in an amount determined by the City
Manager as set forth below:
A. Amount-The amount shall be for no less than one and one-half(1 %)times the amount estimated
by the City Manager as the cost of completing said wetland buffer strip landscaping. The
performance bond must cover two complete growing seasons following completion of the
development and must be conditioned upon complete and satisfactory implementation of the
approved wetland buffer strip landscape plan and final inspection of the wetland buffer strip by
the City.
B. Submittals—The Applicant shall provide one copy of a signed contract with an environmental
consultant to monitor compliance and certify final completion of the wetland buffer strip
requirements after the end of the second full growing season after completion of the development.
C. Form of Application—The performance bond, cash escrow, letter of credit or other guarantee
acceptable to the City Manager shall be posted within 10 days of approval of the Development
Application and prior to the commencement of the Development or the preparations thereof.
Page 11
Section 2—Pursuant to Minnesota Statutes Section 103G.2243,the City Council adopts a Local
Comprehensive Wetland Protection and Management Plan which has been prepared under the
requirements of Minnesota Rules, Chapter 8420.
Section 3—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 4-Effective Date -This 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 18th
day of January, 2000 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 1 st day of February,200 .
Kathleen Porta, City Clerk Jean L.Harris,Mayor
PUBLISHED in the Eden Prairie News on the�Q day of 2000.
Page 12
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF ORDINANCE NO. 6-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,AMENDING
CITY CODE CHAPTER 11,LAND USE REGULATIONS (ZONING),BY ADDING
SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE
PROTECTION OF WETLANDS AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99,WHICH AMONG OTHER THINGS CONTAIN
PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 6-2000. The full text is available for public
inspection by any person during regular office hours at the office of the City Clerk:
The ordinance amends City Code Chapter 11 by adding Section 11.51, which establishes
standards for the protection of wetlands, including establishment of wetland buffer strip
requirements and wetland buffer planting guidelines. The ordinance incorporates, by reference,
City Code Chapter 1 and City Code Section 11.99, which contain definitions and provisions
relating to penalties.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
K hleen A. Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on the
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
---- )SS.
CITY OF EDEN PRAIRIE County of Hennepin )
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE
NO.6-2000
AN ORDINANCE OF THE CITY Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of
OF EDEN PRAIRIE, MINNESOTA, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
AMENDING CITY CODE CHAPTER as follows:
11, LAND USE REGULATIONS
(ZONING), BY ADDING SECTION (A) This newspaper has complied with the requirements constituting qualification as a legal
11.51 RELATING TO newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ESTABLISHMENT OF STANDARDS amended.
FOR THE PROTECTION OF j
WETLANDS AND ADOPTING BY (B)The printed public notice that is attached to this Affidavit and identified as No.�D'lf_1
REFERENCE CITY CODE CHAPTER 1 was published on the date or dates and in the newspaper stated in the attached Notice and said
AND SECTION 11.99, WHICH Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
AMONG OTHER THINGS CONTAIN the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
PENALTY PROVISIONS. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
The following is only a summary of and publication of the Notice:
Ordinance No. 6-2000. The full text is
available for public inspection by any abcdefghijklmnopgrstuvw y
person during regular office hours at the
office of the City Clerk:
This ordinance amends City Code
Chapter 11 by adding Section 11.51,which BY
establishes standards for the protection of Stan Rolfsmd,General Manager
wetlands, including establishment of or his designated agent
wetland buffer strip requirements and
wetland buffer planting guidelines. The Subscribed and swom before me on
ordinance incorporates,by reference,City
Code Chapter 1 and City Code Section
11.99, which contain definitions and
provisions relating to penalties. this day ofXe,4 ,2000
Effective Date: This Ordinance shall
take effect upon publication. GIVEN M.RADUENZ
Jean L.Hams,Mayor ` $
ATTEST: Kathleen A.Porta, - t:0'h9i FUs�[C t'`�i3Est57A
City Clerk
(Published in the Eden Prairie News on
Notary Public
Thursday,February 10,2000;No.3268)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$17.50 per column inch
Maximum rate allowed by law for the above matter................................$17.50 per column inch
Rate actually charged for the above matter.................................................$9.25 per column inch