HomeMy WebLinkAboutOrdinance - 6-2003 - Amending City Code Section 11.51, Protection of Wetlands - 04/01/2003 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO.6-2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE
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,MINNESOTA ORDAINS:
Section 1. City Code Chapter 11 -Section 11.51 entitled"Standards for the Protection of Wetlands"
is amended as follows:
SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS
Subd. 1. Preamble
This Code hereby incorporates by reference the Wetlands Conservation Act[Minnesota Statutes 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. Standards outlined in this ordinance have precedence over WCA
in situations where the City ordinance is more restrictive than WCA. 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 submitting a Development Application to 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 the City's Water Body Map as
developed for the City's Local Water Management Plan and as 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,land alteration,
Wetland Banking,Wetland Mitigation,Wetland Replacement or Wetland Restoration.
F. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems.
G. "MinRAM"—The Minnesota Routine Assessment Methodology(MinRAM)as referenced in Minnesota
Rules 8420. MinRAM is a field tool used to assess wetland functions on a qualitative basis. Functions
include floral 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(NURP)
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(Minnesota 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.
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L. "Structure"—A"Structure"means a Structure as defined in Section 11.02, 56 of this Code.
M. "Vegetation,Native"-Plant species indigenous to or naturalized to the State of Minnesota??or plant
species classified as native in the Minnesota Native Plant Database (Minnesota Dept. of Natural
Resources,2002 or as amended). Native vegetation does not include Weeds.
N. "Weeds"-Weeds are(i)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, or (ii) any
volunteer plants,such as but not limited to spotted knapweed Centaurea maculosa or burdock Arctium
minus). For the purposes of this definition,weeds do not include dandelions or clover. The City Weed
Inspector and/or Assistant City Weed Inspector shall maintain a current list of volunteer plants that are
prohibited.
0. "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.
P. "Wetland Alteration"—Alteration of a wetland includes changes to the wetland or wetland buffer strip in
regards to size,depth or contour;dredging;tilling;ditching;or changes in vegetation. Alterations would
not include wetland plantings or selective clearing or pruning of prohibited or restricted noxious weeds
as defined in Minnesota Rules 1050.0730 to 1050.0750, unless within a Conservation Easement in
which case submission of and approval of a Vegetation Management Plan from the City is required.
Q. "Wetland Buffer Strip" -An area of vegetated ground cover around the perimeter of a wetland that,
either in its natural condition or through inte&vention,has the characteristics of a Buffer as'defined in
Section 11.02,7, "Buffer".
R. "Wetland Plan"—A"Wetland Plan"includes a summary of all work items to be completed in relation to
any wetland alteration or wetland or wetland buffer strip restoration,replacement,or construction and
the estimated cost for each item. Work items include, but are not limited to, wetland buffer strip
monument purchase and installation,Weed control,landscaping within the wetland or wetland buffer
strip,wetland and wetland buffer strip monitoring or any items determined to be incomplete during the
development review process.
S. "Wetlands,Exceptional Quality"-Exceptional Quality wetlands have an exceptional floral 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.
T. "Wetlands,High Quality"-High quality wetlands have a high floral 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
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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.
U. "Wetlands,Moderate Quality"-Moderate quality wetlands have a moderate floral 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.
V. "Wetlands,Low Quality"-Wetlands included in this category have a low floral 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.
W. "Wetland Type"—The"Wetland Type"will be determined in accordance with United States Fish and
Wildlife Service Circular No. 30 (1971 Edition) and/or Minnesota Rules 8420. For wetlands greater
than 40 acres in size,the overall wetland type shall be one of the following:
1. The wetland type with the deepest water regime within the wetland and within 300 feet of the
impact,
2. The wettest dominant water regime if is greater than 20% of the wetland types present within the
wetland,or
3. Other method pre-approved in writing by the City Manager or his/her designee.
For wetlands less than 40 acres in size, the overall wetland type shall be the wetland type with the
deepest water regime within the entire wetland.
X. "Wildlife Habitat"-Plant communities that support wildlife in a natural,undomesticated state.
Y. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or
wetland buffer strips on the property.
Z. "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.
AA. "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.
BB. "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.
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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. Additional requirements for wetland identification,delineation,mitigation,testing and reporting within
the Lower Minnesota River Watershed District(LMRWD)shall be in accordance with the requirements
outlined in Section 11.51,Subd. 12 of this Code as well as those set forth below in Subd.4 C through I.
C. 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 and document the wetland boundary of wetlands on
the subject property in accordance with WCA requirements ("Wetland Delineation Report") and to
evaluate the wetland buffer strip in accordance with Section 11.51,Subd. 9 of the City Code(Wetland
Buffer Strip Evaluation Report). The Wetland Delineation Report and Wetland Buffer Strip Evaluation
Report shall be valid for a period of no more than 3 years from the date of the field delineation for these
reports.
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.
D. Written documentation identifying the presence or absence of wetlands on the property, including all
Wetland Delineation Reports and Wetland Buffer Strip Evaluation Reports,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 MinRAM information,for inclusion in any documentation
provided to the City by the Applicant. 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.
E. A determination of the function and value of the wetland(s)using the most recent version of MinRAM
or other approved assessment methodology under Minnesota Rules 8420 must be completed by the
Applicant:
1. For wetlands which are not identified on the City Wetland Map;
2. For wetlands for which the Applicant's wetland information is significantly different in function,
size or position from the City's assessment; or
3. If required by the City Manager or his/her designee.
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The A inR AM assessment must be submitted to the City with the Wetland Delineation Report.
F. 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.
G. For Development Applications involving wetland alteration, 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 or
Wetland Banking Plans for any proposed impacts that require replacement under WCA or U.S.Army
Corps of Engineers regulatory programs must also 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
identification number for use in the Wetland Replacement,Wetland Restoration or Wetland Banking
Plans for any replacement wetlands constructed within the City. Final Wetland Replacement,Wetland
Restoration or Wetland Banking Plans must be submitted to the City for review and approval prior to
release of the final plat or,if there is no plat approval involved,the first building permit for the
entire subject property.
H. 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 necessaryby the
City or Local Governmental Unit(LGU)under the WCA to determine the jurisdictional status of the
wetland,its exact boundary and its classification.
I. Wetland Buffer Strip Evaluation,Wetland Delineation Reports and Wetland Banking Plans 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
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Addressing Potential Impact ofUrban 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.
Hydroperiod Standard Exceptional High Quality Moderate Quality Low Quality
Quality Wetlands 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 1 Existing Existing plus 1 Existing plus 2 Existing plus 7
&2 year precipitation day days days
event
Inundation Period for 10 Existing Existing plus 7 Existing plus 14 Existing plus 21
year precipitation event days days days
&greater
Run-out control elevation No change No change 0 to 1.0 feet above 0 to 4.0 feet
(free flowing) existing run out above existing
run out
Run-out control elevation Above Above delineated Above delineated Above delineated
(landlocked) 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 wetland and 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 and/or 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 ofrecord 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 noway 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 and 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 and wetland buffer strip. However,non-native vegetation, such as European buckthorn,
purple loosestrife and reed canary grass,or dead or diseased trees that pose a hazard may be removed as
long as a Vegetation Management Plan is submitted to the City for review and written approval. The
Vegetation Management Plan must maintain the wetland and wetland buffer strip standards found in
Section 11.51, Subd. 9 or as required by the City Manager or his/her designee. The Vegetation
Management Plan form must be obtained from the City. Alterations do not include native plantings that
enhance the native vegetation, unless within a Conservation Easement in which case submittal and
approval of a Vegetation Management Plan from the City is required.
E. For roadways or other Structures where the City determines that there is no practical alternative except to
be aligned either adj acent 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 preferred.
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: 1 65' 1 60' 1 35' 1 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. Vegetation Performance Standards
A. Where acceptable natural vegetation exists in wetland and 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 and/or wetland buffer strip has acceptable natural vegetation if it:
1. has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at
least 5 consecutive years, or
2. 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
3. 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 and/or wetland buffer strip vegetation to be unacceptable if:
1. it is composed of Weeds(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
2. has topography that tends to channelize the flow of surface runoff,or
3. for some other reason it is unlikely to retain nutrients and sediment.
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C. Where wetlands and/or 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 and wetland buffer strip plantings must be identified on the Development
Application. The wetland and wetland buffer strip landscaping shall be according to each of the
following standards:
1. 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.
2. Seed mix 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.
3. 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.
4. Any groundcover or shrub plantings installed within the wetland buffer strip are independent of
landscaping required elsewhere by the City Code.
5. 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.
6. No fertilizer shall be used in establishing new wetland buffer strips,except on highly disturbed sites
when deemed necessary to establish acceptable wetland and/or 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.
7. 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.
8. Wetland and wetland buffer strips(both natural and created),shall be protected by erosion control
during construction in accordance with Section 11.51, Subd. 7.
9. The erosion control shall remain in place until the area crop is established.
D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance
with the requirements found in this Code both during development and for two full growing seasons
after completion of the development. During this time,the Applicant must replant any wetland and/or
wetland buffer strip vegetation that does not survive.
E. After the second full growing season following completion of the development,if the condition of the
wetland and/or wetland buffer strip changes, the Applicant shall not be required to reestablish the
wetland and/or wetland buffer strip to meet the standards contained in Section 11.51,Subd. 9 of this
Code. Instead,the property owner on which the wetland and/or wetland buffer strip is located shall be
responsible for the maintenance of the wetland and/or wetland buffer strip after the second full growing
season following completion of the development and must:
Page 11
1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as
mowing, cutting,grading or other prohibited activities unless approved by the City in writing as a
Vegetation Management Plan.
2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in Section
11.51, Subd. 9 of this Code in the wetland and wetland buffer strip,including the removal of all
Weeds,unless allowed otherwise in writing by the City Manager or his/her designee.
3. Ensure that all soil surfaces in buffer areas are planted with permitted vegetation and that there are
no open soil surfaces that may result in erosion.
4. Maintain the wetland and wetland buffer strip as a"no mow"area.
Subd. 10. Encroachment in Required Setback and Wetland Buffer Strip Areas
A. Wetlands and wetland buffer strips must be kept free of all Structures. Wetlands and 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 includes wetland alteration, wetland or wetland buffer strip landscaping or
construction of a wetland buffer strip the Applicant must file with the City Manager or his/her designee prior to
release of the final plat,or,if there is no plat approval involved,prior to the first building permit for the entire
subject property,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 ''/2)times the amount estimated by the
City Manager as the cost of completing a Wetland Plan for restoration and/or correction of the wetland
and/or wetland buffer strip. 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 or Vegetation Management 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 annual 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 12
Subd.12 Special Requirements for Lower Minnesota River Watershed District
The following provisions apply to the Lower Minnesota River Watershed District(LMRWD),for which the
City of Eden Prairie is Local Government Unit(LGU).
A. Wetland Alteration, Wetland Replacement, Wetland Restoration or Wetland Bank Application —
Application for a wetland alteration,wetland replacement,wetland restoration or wetland bank permit
(Application)shall be made in writing to the City. The Application shall set forth the location and plan
for the proposed project. The approval of the Application shall be valid for a period of no more than
three years. If the work has not begun within three years of the date of the approval of the Application,
the approval shall be void. The Application shall also include:
1. The name and address of the person(s)applying for the permit.
2. The name and address of the owner(s)of the land where the project will occur.
3. The estimated period of time within which the project will be conducted.
4. A topographic map of the proposed project area(s)to a minimum scale of one inch equals 50 feet
showing existing ground elevation contours at two-foot intervals. The map shall also show:
a. The property,and a minimum of 50 feet of land abutting the property,as it exists prior to the
proposed land alteration.
b. The proposed ground elevation contours at 2 foot intervals on the property when the land
alteration is completed.
C. Photographic reference points and proposed transect or sampling locations for wetland
replacement or wetland banking plans.
5. Grading plan of the proposed project area(s)to a minimum scale of one inch equals 50 feet prepared
by a registered engineer that includes appropriate drainage calculations,proposed contours of the
land when the project is complete and erosion control to be used during construction.
6. Landscaping or revegetation plan at the same scale as the topographic map.
7. Such other information as may be necessary to evaluate the proposed wetland alteration,wetland
replacement and/or wetland banking plans.
B. Reference Photographs—Reference photographs will be required within 4 weeks from completion of the
grading and/or landscaping. Reference photographs must betaken during July or August during of each
monitoring period described in Minnesota Rules 8420.
C. Wetland Replacement or Wetland Bank Plan Approval-Wetland Replacement or Wetland Bank Plans
shall be allowed subject to approval by the City Council as recommended by Staff.
D. Fees—Applications for a Wetland Alteration,Wetland Replacement,Wetland Restoration or Wetland
Bank Plan shall be accompanied by deposit of a non-refundable fee in such amount as determined by the
City Council and fixed by resolution.. The deposit,or a portion thereof,will be refunded after final City
Council action on the Development Application if the total sum is greater than the administrative review
cost,which may include,but is not limited to:
1. Consultant fees assisting in City review.
2. City staff time expended in review of the Application.
3. Mailing,legal notices and other administrative costs.
4. Any other reasonable costs incurred by the City in review of the proposal.
Page 13
Full payment of the fees and/or deposit must be made by the Applicant prior to consideration of the
Development Application.
E. Performance Bond—The performance bond, cash escrow or letter of credit required in Section 11.51,
Subd. 11 shall include costs associated with the WCA requirements for wetland alteration, wetland
replacement,wetland restoration or wetland bank projects,including but not limited to construction and
annual monitoring for a minimum period of 5 years. The performance bond, cash escrow or letter of
credit shall be extended beyond the required monitoring period for up to an additional five-year period
if, in the written opinion of the Technical Evaluation Panel,the goal of the replacement plan has not
been achieved but may be achieved with more time. Wetland quality will be considered when
establishing the performance bond requirements. The amount of security shall be 150%of the estimated
cost to complete the scope of work associated with the Wetland Plan, wetland restoration, wetland
mitigation,wetland replacement and/or wetland bank plan.
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
March.,2003 and finally read and adopted and ordered p4blished at a regular meeting of the City Council of
said City on the 1st day of April,2003.
Kathleen Porta,City Clerk an -Lu s,
PUBLISHED in the Eden Prairie Sun Current on the day of '2003.
Page 14
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 6-2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE 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. 6-2003. The full text is available for public
inspection by any person during regular office hours at the office of the City Clerk.
Application. The amendment is in response to the City's adoption of Local Governmental Unit
(LGU) status for Lower Minnesota River Watershed District, revisions in state statute and general
housekeeping issues.
Definitions. Native Vegetation and Weeds definitions were clarified. Wetland Alteration, Wetland
Plan, and Wetland Type definitions were added.
General Provisions. Changes to the General Provisions included changes to the wetland and
wetland buffer strip requirements for wetland delineation and wetland buffer strip reporting and
function and value determinations.
Wetland Buffer Strips and Setbacks. The need for a Vegetation Management Plan for work within
the wetland,wetland buffer strip and/or Conservation Easement is introduced. This plan must
maintain both the wetland and wetland buffer strip standards found in the City Code.
Vegetation Performance Standards. Vegetation performance becomes the responsibility of the
property owner after the Developer requirements are completed(two full growing seasons after
development).
Special Requirement for Lower Minnesota River Watershed District. Special provisions applicable
to the Lower Minnesota River Watershed District were added for wetland alteration, wetland
replacement,wetland restoration or wetland bank plans and fees and bonding requirements are
established.
Effective Date. This Ordinance shall take effect upon publication
ATTEST:
Kathleen Porta, City Clerk Xtcy T uk ,
PUBLISHED in the Eden Prairie Sun Current on fU
Of men ha rie
(Gafficid Piiiation)
SUM94AH7 OF ORDINANCS Na 6-91011
AN ORDMAII(,'1:OF THE CITT OF»
PRAD=MVQQCXMk AM12GA GCL[YCODS
SECIToN ii si zc.AZiNG TO zerAwAsmunT
.�.� OF STANDAIIMB FM THE P719011®CT ION OF i
WETLANDS AND ADOPTING BY REFIMETWE
CITY CODE CIIAPTER.1 AND SECTION 11ANk
newspapers PENA WHICH OTCTTi�i CONTAIN
Pisa�i:rY PE1ovlsroNs.
AFFIDAVIT OF PUBLICATION The following is only a summary of Ordinance No.6-200&
the full text is available for public inspection by any per-
son during regular office hours at the office of the City
Clerk.
STATE OF MINNESOTA) Apn i a-ion The amendment is in response to the City's
adoption of Local Governmental Unit(LGU)status for
SS. Lower Minnesota River Watershed District,revisions in
state statute and general housekeeping issues.
COUNTY OF HENNEPIN) Definitions. Native Vegetation and Weeds definitions
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Here clarified. Wetland Alteration,Wetland Plan,and
Wetland Type definitions were added.
Financial Officer of the newspaper known as Sun-Current and has full aM=aLFzmdaiona_Changes to the General Provisions in-
3uded changes to the wetland and wetland buffer strip re-
Iuirements for wetland delineation and wetland buffer
knowledge of the facts stated below: itrip reporting and function and value determinations.
(A)The newspaper has complied with all of the requirements constituting qualification as a Ketland Buffer Strips anrl-Setbacks. The need for a Veg-
etation Management Plan for work within the wetland,
qualified newspaper, as provided by Minn. Stat. §331 A.02, §331 A.07, and other applicable vetland buffer strip and/or Conservation Easement is in-
aoduced. This plan must maintain both the wetland and
vetland buffer strip standards found in the City Code.
laws,as amended. leeetation Performance Standards Vegetation perfor-
(B)The printed public notice that is attached was published in the newspaper once each week, nance becomes the responsibility of the property owner
ifter the Developer requirements are completed(two full
for one successive weeks; it was first published on Thursday, the 10 day of rowing seasons after development).
ioecial Requirement for Tnwar Minnesota River Water
April , 2003, and was thereafter printed and published on every Thursday to and hod District. Special provisions applicable to the Lower
Mnnesota River Watershed District were added for wet-
and alteration,wetland replacement,wetland restoration
including Thursday,the day of ,2003;and printed below is a copy of the ir wetland bank plans and fees and bonding requirements
ire established.
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the Effective Date 7 This Ordinance shall take effect upon pub-
size and kind of type used in the composition and publi 'e notice: lication
Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Ports,
City Clerk
abcdefghijklmnopgrstudwxyz PUBLISHED in the Eden Prairie Sun Current on April 10,
'L 2003.
BY' \ (Apr 10,2003)D4/Ord 6-2003
CFO
Subscribed and sworn to or affirme before me
this day of
I
Note Puq�' la
= a MERIDEL M.HEDOM
M YNOTARY
OPUBIN X 06M
■
RATE INFORMATION
(1)Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2)Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.40 per line