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HomeMy WebLinkAboutOrdinance - 9-2008 - Amending City Code Section 11.51 - 03/27/2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-2008 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 103 G.221 et seq.(herein after referred to as the WCA)] as amended and Minnesota Rules Chapter 8420 as amended. 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 Code have precedence over WCA in situations where the City Code is more restrictive than WCA. The following watershed districts are located in the City: 1. Lower Minnesota River 2. Nine Mile Creek 3. Riley Purgatory Bluff Creek The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley Purgatory Bluff Creek Watershed Districts. 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. The intent of this Code is to avoid alteration and destruction of wetlands. By implementation of this Code, the City seeks to accomplish the following: 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 1 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 or new information is collected. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. E. Combined Wetland Permit Application—An application form provided by the Minnesota Board of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers, streams or wetlands. The Combined Wetland Permit Application is a single form that is completed and submitted to the Local Government Unit (LGU), the Department of Natural Resources (DNR), the Hennepin Conservation District (Hennepin County) and the U.S. Army Corps of Engineers (USACOE) for review and approval. F. "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 alteration, wetland no-loss determination or Wetland Replacement. G. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems. H. "Local Government Unit"—The"Local Government Unit"(LGU)is a city council,town board, watershed management organization under Minnesota Statutes Section 103B.205,soil and water conservation district or their delegate. In cases where activity or replacement will occur on state land, the agency with administrative responsibility for that land is the LGU. I. "MinRAM" — The Minnesota Routine Assessment Methodology (MinRAM) as referenced in Minnesota Rules Chapter 8420. MinRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include items such as vegetative diversity and integrity; wildlife 2 habitat;water quality protection; flood&stormwater attenuation;recreation,aesthetics,education & science; fishery habitat; shoreline protection; groundwater interaction; and commercial uses. J. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. K. "No-Loss Determination" — An application to the Local Government Unit (LGU) to evaluate whether the proposed work will result in a loss of wetland within the property. This would include activities listed in Minnesota Rules Section 8420.0220. The landowner is responsible for submitting the proof necessary to show qualification for the claim. The LGU may evaluate evidence for a no-loss claim without making a determination. L. "NURP Pond"—A stormwater pond constructed to meet National Urban Runoff Program(NURP) requirements. M. "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 as allowed by Minnesota Rules 8420. N. "Setback"—The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. O. "Scientific or Natural Area"—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 replacement 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. P. "Sequencing Flexibility"—Sequencing Flexibility is implemented after all alternatives have been considered in accordance with Minnesota Rules 8420.0520 and Section 4 of this Code. A "Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to document that these conditions have been met and the proposed action or alternative. Q. "Structure"—A"Structure"means a Structure as defined in Section 11.02, 59 of this Code. R. "Technical Evaluation Panel' —A "Technical Evaluation Panel' (TEP) is established for each LGU under Minnesota Rules 8420.0240. The TEP assists the LGU in making technical findings 3 and provides recommendations for projects involving wetland alteration or wetland impacts at the request of the LGU, landowner or a member of the TEP. The TEP must include at least one technical representative from each of the following: • Board of Water and Soil Resources (BWSR) • Hennepin Conservation District(Hennepin County) • Local Government Unit(LGU) For projects involving public wetlands or affecting wetlands adjacent to public waters or public waters wetlands,the TEP shall include a technical professional employee of the DNR. The LGU or TEP may invite additional expertise to assist in the decisions. The TEP shall be coordinated by the LGU. S. "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. T. "Wetland"-Lands transitional between terrestrial and aquatic systems,either created or natural, 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. U. "Wetland Alteration"—Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse;, ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules Sections 1505.0730 to 1505.0750,unless within a Conservation Easement in which case submission of and written approval by the City of a Vegetation Management Plan on a form provided by the City is required. V. "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, Subd. 7 of this Code, "Buffer". A "Wetland Buffer Strip Evaluation Report"is a report summarizing the results of an evaluation of the wetland and Wetland Buffer Strip in relation to the requirements defined in Section 11.51 Subd. 8 of this Code. W. "Wetland Delineation" — An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as 4 any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A"Wetland Delineation Report"is a document that summarizes the observations,results and conclusions performed during the assessment when wetlands are present on the property. X. "Wetland Determination"—An assessment conducted utilizing the US Army Corps of Engineers Wetland Delineation Manual(January 1987)to determine whether a wetland is present within the property that may be impacted by a proposed project. A "Wetland Determination Report" documents the conditions that lead to the conclusion that wetlands may or may not be present on the property. Y. "Wetland Plan" — 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 or wetland buffer strip restoration; wetland and wetland buffer strip monitoring;wetland replacement monitoring;or any items determined to be incomplete during the development review process. Z. "Wetland Replacement"—Wetland habitat enhancement;wetland creation;restoration of wetland habitat or functions;construction;replacement;banking;wetland buffer habitat creation;wetland enhancement;or stormwater system construction.As a result New Wetland Credit(NWC)and/or Public Value Credit (PVC) are established for replacement of wetland impacts, loss of public values of the wetland functions or Wetland Alterations. A Wetland Replacement Plan summarizes the Wetland Alteration and the method in which the Wetland Alteration and/or loss of wetland function will be replaced as required in Minnesota Rules 8420. AA. "Wetlands, Exceptional Quality"-Exceptional Quality wetlands have an exceptional vegetative diversity and integrity function, based on the results of MinRAM. They typically have an undisturbed plant community or a plant community that is sufficiently recovered from past disturbances such that it closely represents pre-European settlement conditions. The wetlands contain an abundance of different plant species with dominance evenly spread among several species. They will contain very few non-native species and they may have or previously had rare, threatened or endangered 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. Reference wetlands established in the City's "Comprehensive Wetland Protection and Management Plan" are also included in this category. BB. "Wetlands, High Quality"-High quality wetlands have a high vegetative 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. CC. "Wetlands,Moderate Quality"-Moderate quality wetlands have a moderate vegetative diversity and integrity function,based on the results of MinRAM. They have a slightly higher number of 5 native,non-invasive plant species present than low quality wetlands,often with small pockets of indigenous species within larger areas dominated by non-native,invasive,exotic or weed 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. DD. "Wetlands,Low Quality"-Wetlands included in this category have a low vegetative diversity and integrity functions,based on MinRAM, and have been substantially altered by activities such as agricultural or urban development that caused over-nitrification,soil erosion,sedimentation and/or water quality degradation. As a result of these factors these wetlands exhibit low levels of vegetation diversity;overcrowding and dominance of invasive or non-native species such as reed canary grass, cattails 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 rain events and show evidence of shoreline erosion. These wetlands do provide for water quality and serve an important role in protecting water quality downstream. EE. "Wetland Type"—The"Wetland Type"for each water regime will be determined in accordance with United States Fish and Wildlife Service Circular No. 30 (1971 Edition), Classification of Wetlands and Deepwater Habitats of the United States(Cowardin et al. 1979),Eggers and Reed (1997)and Minnesota Rules Chapter 8420. Each wetland type,which represents at least 10%of the vegetated wetland, including submergent vegetation, must be classified. For Wetland Replacement Plans, the wetland community classification listed in Minnesota Rules 8420.0549 must be used to determine wetland replacement ratios. FF. "Wildlife Habitat" -Plant communities that support wildlife in a natural, undomesticated state. GG. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or wetland buffer strips on the property. HH. "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. II. "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. JJ. "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,Evaluation,Delineation,Replacement,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. Nothing herein shall be construed to allow anything otherwise prohibited in the zoning district where the wetland is located. This Code establishes four wetland 6 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 this Code. C. Additional requirements for wetland identification, delineation, replacement, testing, reporting and bonding within areas where the City is the acting LGU shall be in accordance with the requirements outlined in Section 11.51,Subd. 11 of this Code as well as those set forth in Subd.4. D. Activities including,but not limited to, Wetland Alteration, digging,building,paving,mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris and removal of vegetation are prohibited in wetland areas. Invasive non-Native Vegetation,such as European or glossy buckthorn and noxious weeds may be removed unless the area is in a Conservation Easement, in which case a Vegetation Management Plan on a form provided by the City is required. E. The Applicant must determine whether a wetland exists on a subject property or within the setback from a wetland on an adjacent property. The following report(s)must be provided based on site conditions. 1. If no wetlands are present, the Applicant must document site conditions in a Wetland Determination Report that includes evaluation of vegetation,hydrology and soil conditions. 2. If a wetland is present, the Applicant must delineate and document the boundary of the wetland(s) and the Wetland Type(s) in a Wetland Delineation Report in accordance with City and WCA requirements and document the conditions of the wetland buffer strip in a Wetland Buffer Strip Evaluation Report in accordance with Subdivision 8 of this Code. F. 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 Chapter 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. The MinRAM assessment must be submitted to the City with the Wetland Delineation Report. G. Wetland Determination,Wetland Delineation and Wetland Buffer Strip Evaluation Reports shall be valid for no more than 3 years from the date of the field delineation for these reports unless required earlier by the Environmental Coordinator due to changes in site conditions such as in hydrology, soils or vegetation. 7 H. Wetland Delineation and Wetland Determination Reports shall be prepared as outlined in Minnesota Rules Chapter 8420 and in the U.S. Army Corps of Engineers "Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of Engineers and Local Units of Government in the State of Minnesota" and must include information necessary for the City to determine the wetland boundary and Wetland Type, including wetland delineation field data sheets, survey of the wetland evaluation area, soil analysis data, vegetation data and hydrology information both within and outside of the proposed wetland boundary. I. Wetland Delineation, Wetland Delineation Reports, Wetland Determination Reports and MinRAM assessments conducted or completed outside of the growing season will not be accepted for final review and approval by the City until the following growing season. Determination of non-growing season conditions will be in accordance with the "Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of Engineers (COE) and Local Units of Government in the State of Minnesota" issued on April 17, 1996 (Publication 96-01078-SDE), unless the vegetation cataloging or hydrology conditions are, in the judgment of the Environmental Coordinator, unreliable. Approvals may be granted for Wetland Delineation, Wetland Delineation Reports, Wetland Determination Reports and MinRAM assessments conducted during the growing season, but submitted during the non-growing season, if the Environmental Coordinator determines there is sufficient information in the report and visible in the field at the time of the field verification to assess the three wetland parameters (hydrophytic vegetation, hydric soils and hydrology) in relation to placement of the wetland delineation line. If proper assessment of the delineation is not possible during the non-growing season,the City would consider the application incomplete until such time that appropriate field verification is possible. Preliminary approvals granted during the non-growing season must be verified during the growing season. If a MinRAM assessment is not provided during the growing season,the quality will be assumed as High Quality. J. An Applicant shall not be required to delineate wetlands or determine Wetland Type on adjacent property. An Applicant will 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 National Wetland Inventory (NWI) Maps, and visual information such as the presence of wetland vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject property, to estimate the wetland boundary and Wetland Type. K. Written documentation identifying the presence or absence of wetlands on the property or the wetland conditions if wetland conditions are present, including all Wetland Determination, Wetland Delineation,No-Loss Determination and Wetland Buffer Strip Evaluation Reports,shall be provided to the City by the Applicant with the Development Application. The Applicant must 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 with 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 pond or stormwater infiltration areas within the Development. 8 L. 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 Exceptional Quality Wetlands which contain standing water during the growing season. One water sample must be collected each month between June and August from the surface water(within the upper 12 inches of water)and analyzed using a methodology pre-approved in writing by the City 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. M. For Development Applications involving Wetland Alteration,the Applicant must provide written documentation to the City with the Development Application that the sequencing steps set forth in Minnesota Rule 8420.0520 have been met. In following these steps, the Applicant must first demonstrate that alternatives to avoid and minimize wetland impacts have been evaluated. A minimum of three alternative plans must be evaluated and provided to the City for review,one of which must be a"no-impact"alternative. Wetland restoration or expansion of existing or historic wetlands is preferred rather than creating of new wetlands or other methods of Wetland Replacement. N. Unavoidable impacts to wetlands must be restored or replaced on-site unless the alternatives are not reasonably or practically available from an engineering standpoint or if the only feasible and prudent sites available have greater ecosystem function and public value than the proposed wetland and it is an area that is to be preserved by a Conservation Easement or other such instrument. If impacts cannot be restored or replaced on-site, the Applicant must evaluate alternate sites in the following order of priority: 1. Within the City of Eden Prairie 2. Within the same subwatershed 3. Within the same watershed(Nine Mile Creek,Lower Minnesota River or Riley-Purgatory- Bluff Creek watershed) 4. Within the seven-county metropolitan area of the Minnesota River — Shakopee major surface water watershed(No. 33) 5. Within the Minnesota River— Shakopee major surface water watershed(No. 33) Wetland restoration or replacement must at a minimum meet the ratio requirements under Minnesota Rules 8420.0549 and 8420.0546 to achieve full replacement of wetland function and value unless minimum replacement ratios established by the Watershed Districts or USACOE are greater than the WCA requirements. O. Sequencing flexibility will not be implemented unless alternatives have been considered and unless the proposed replacement wetland will provide equal or greater functions and public values as determined based on a functional assessment reviewed by the Technical Evaluation Panel using a methodology approved by the Minnesota Board of Water and Soil Resources (BWSR). The Applicant must provide all necessary information. Flexibility in application of the sequencing steps will be considered only if the criterion set forth in Minnesota Rule 8420.0520 are met and the wetland to be impacted has been degraded to the point where replacement would result in a 9 gain in function and public value or preservation of the wetland would result in degradation of the wetland's function and values. P. Conceptual Wetland Replacement Plans for any proposed impacts that require replacement under WCA or U.S. Army Corps of Engineers regulatory programs must be provided to the City by the Applicant with the Development Application. The Applicant must contact the City to obtain a water body identification number for use in the Wetland Replacement Plans for any replacement wetlands constructed within the City. Final Wetland Replacement Plans must be submitted to the City for review and approval prior to submittal of the Development Plans to the City Council for review and approval. Q. 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 LGU under the WCA to determine the jurisdictional status of the wetland, its exact boundary and its classification. R. Wetland Buffer Strip Evaluation, Wetland Delineation, Wetland Determination and Sequencing Flexibility Reports and Wetland Replacement Plans supplied by the Applicant shall be prepared by a Minnesota Certified 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 and/or BWSR or, in the absence of such certification, are determined by the City Manager to be a qualified wetland delineator. S. Prior to release of the final plat for any portion of the subject property,Developer shall submit an executed contract with a qualified wetland consultant, as determined by the City Manager,who will prepare the Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report")which evaluates the condition of the wetland(s)and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which preparation, grading, seeding, planting and/or monumentation of the wetland(s)and/or wetland buffer strip(s)is completed. Thereafter,this report shall be submitted by November 1 each year until two full growing seasons following completion of the development have passed, at which point a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and /or wetland buffer strip(s) to determine if the wetland(s)and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report,the Developer shall correct the area(s)identified within ninety(90)days of submission of the Report, or by June 151h of the following year if submitted during the non- growing season. T. Wetland Replacement Monitoring Reports are due by November 1 each year until the wetland replacement is determined to be complete by the LGU with advice from the Technical Evaluation Panel as outlined in Minnesota Rules Chapter 8420 and Subdivision 11 of this Code. U. An Applicant may request an exemption or no-loss determination from the applicable LGU in accordance with Minnesota Rules 8420.0115 —8420.0122 and Minnesota Rules 8420.0220. 10 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 or wetland buffer strip shall be prohibited unless a permit is obtained from the City and is 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. C. Where wetland replacement or a wetland buffer strip is required, the Applicant shall,before the City releases the final plat or,if there is no plat approval involved,the first building permit for the entire subject property: 1. 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 wetland. 2. Submit evidence to the City Manager that the approved easement document has been recorded in the Hennepin County Recorder's/Registrar of Titles' office. 3. 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. 4. Submit to the City Manager and receive City Manager's approval of a Declaration of Covenants and Restrictions for any wetland replacement in accordance with Minnesota Rules Chapter 8420. 5. Submit evidence to the City Manager that the approved Declaration of Covenants and Restrictions has been recorded in the Hennepin County Recorder's / Registrar of Title's office. D. Yards shall be sodded, seeded and/or mulched within six months of ceasing land alterations in accordance with Section 11.55 Subdivision G.8 of this Code. Wetlands,wetland buffer strips and wetland replacement areas shall be seeded and/or planted in accordance with Subdivision 8 within sixty (60) days of completion of land alteration. 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 or non-growing 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. 11 E. Stormwater shall not be discharged directly into any natural water bodies such as wetlands,lakes or creeks without pre-settlement, infiltration, filtration or other pre-approved method. The pre- treatment must be approved in writing by the City. Manager. 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 ponds which are constructed as part of a Wetland Replacement 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 City Council prior to this date. The City strongly encourages 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 ofwhether or not the wetland is on the same parcel as a proposed Development Application. For parcels in which the wetland 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 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 and wetland buffer strip vegetation in accordance with the requirements found in Section 11.51, Subd. 8 of this Code. Wetland buffer strips shall be identified within each Lot by permanent monumentation approved by the City Manager in accordance with Section 11.51, Subd. 7 of this Code. D. Non-native or invasive 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 Manager on a form provided by 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. 8 or as required by the City Manager. The Vegetation Management Plan form must be obtained from the City. 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. F. Trails that are intended to serve an interpretive function are exempted from the wetland buffer strip requirement. All other areas and Structures,including retaining walls,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. G. 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. Table 1 - Wetland Buffer Strips and Setbacks 12 Exce tional High Moderate Low Wetland Buffer Strip Minimum Width 40' 30' 20' 10, Wetland Buffer Strip Minimum Average Width 60' 60' 40' 20' Structure Setback from Wetland Buffer Strip) 25' 25' 15' 15' Total Minimum Average 85' 85' 55' 35' H. The wetland buffer strip width for stormwater ponds or infiltration areas utilized for Public Value or New Wetland Credit shall be measured from the Ordinary High Water Level (OHWL)of the pond or infiltration area and shall be considered of moderate quality. Subd. 7. 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 monuments 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 a 1.12 to 2.0 pounds per foot(1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5').The sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed" or"Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Monuments may be waived in unusual circumstances where the City determines that such signs would not serve a practical purpose. Subd. 8. Vegetation Performance Standards A. Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an Applicant receives written approval from the City or any other agency which may regulate the removal of vegetation to replace such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it: l. 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 8 (A), the City Manager may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer: 1. 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 13 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. C. Areas with unacceptable vegetation shall be re-graded,re-seeded and/or re-planted as needed and maintained. The wetland, wetland replacement and wetland buffer strip planting requirements must be identified in the Wetland Delineation Report or Wetland Buffer Strip Evaluation Report. Wetland, wetland alteration, wetland replacement and wetland buffer strip landscaping shall be according to the following standards: 1. Planted with a diverse native, non-invasive seed mix appropriate for the specific site conditions that contains 100 percent perennial native vegetation. A one-time planting of an annual nurse or cover crop such as oats or rye may be included. 2. Seed mix used shall be a BWSR seed mix appropriate for the area requiring reseeding or other alternative pre-approved in writing by the City Manager. The seeding rate shall be at the rate recommended by the BWSR seed mix criteria or other pre-approved alternative. 3. Native shrubs may be substituted for the native seed mix where appropriate. All substitutions must be pre-approved in writing 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 or wetland buffer strip are independent of landscaping required elsewhere by the City Code. 5. Native prairie grasses and forbs shall be seeded or planted in accordance with"Restoring& Managing Native Wetland & Upland Vegetation" (published January 2006 by the Minnesota Department of Transportation(MnDOT)and BWSR)or other alternate method pre-approved by the City Manager by a qualified contractor. 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 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, wetland replacement and wetland buffer strip areas (both natural and created), shall be protected by erosion control during construction in accordance with Section 11.51, Subd. 7 of this Code. 9. The erosion control shall remain in place until the cover 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 Section,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 diminishes, the Applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in Section 14 11.51, Subd. 8 of this Code. Wetlands created for Wetland Replacement must be monitored and maintained by the Applicant until the wetland is reviewed and approved by the LGU in accordance with the requirements established by Subdivision 11 of this Code and Minnesota Rules Chapter 8420. After such times,the property owner on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland,wetland alteration, wetland replacement and/or wetland buffer strip areas and must: 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. 8 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. 3. Ensure that all soil surfaces in wetland and wetland buffer strip 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. 9. Encroachment in Required Setback and Wetland Buffer Strip Areas A. Wetlands,wetland buffer strips and structure setback areas must be kept free of all Structures. A maximum of ten percent(10%)of the Structure Setback area may be occupied by any Structures. The acceptability of the proposed Structures within the Structure Setback area shall be made by the City Manager. B. 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. C. Variances/Waivers 1. 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 of this Code 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 Planning Commission and the City Council. 2. Variances or waivers shall not be granted which would circumvent the intent and purposes of Section 11.51 of this Code. Subd. 10. 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 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. Performance Bond requirements for Development Applications for areas where the City is the LGU are set forth in Section 11.51 Subdivision 11. 15 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 monument installation and replacement and restoration and/or correction of the wetland and/or wetland buffer strip. B. Schedule-The performance bond for the Wetland Plan must cover two complete growing seasons following completion of the development and full and final restoration of all corrective actions identified in the Final Annual Report and is conditioned upon complete and satisfactory implementation of the approved Wetland Plan or Vegetation Management Plan and final inspection of the wetland and wetland buffer strip by the City. C. 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, wetland buffer strip and wetland replacement requirements. D. 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. Subd. 11 - Special Requirements for Wetland Conservation Act(WCA) Services The following provisions apply to areas for which the City of Eden Prairie is Local Government Unit (LGU). All survey information must be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996)projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). A. Wetland Evaluation / Wetland Determination Review — The Applicant must provide a report documenting site conditions; wetland delineation review procedures; and a statement as to whether wetlands are present on site. Field data sheets documenting soil, vegetation and hydrology conditions at a minimum of two locations must be included with the report. If a wetland is identified, a Wetland Delineation Report must be prepared. Data must be provided a minimum of one week prior to scheduling the site review with the Environmental Coordinator. Wetland evaluations and wetland determinations will be reviewed and 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. B. Wetland Delineation and No Loss Determination Review — The Applicant must provide the following information for review of site conditions a minimum of one week prior to scheduling a field review with the Environmental Coordinator: 1. Wetland Delineation Report, two print copies and one electronic (PDF)version in color (all maps in the PDF version need 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) 3. Scaled public land survey map of the wetland delineation and boundary and sample points 16 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 The Environmental Coordinator shall review and approve wetland delineations, wetland determinations and no-loss determinations. The Environmental Coordinator shall issue his/her decision in accordance with Minnesota Statute 15.99,Subd.3. 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. C. Permit Application Requirements — Wetland Alteration, constructing boardwalks, removing healthy native vegetation or otherwise altering or destroying any wetland or wetland function, either wholly or partially, by any person requires submittal of a Combined Wetland Permit Application for review and approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0122, any alteration to a wetland must result in a zero net loss. D. Wetland Replacement Plan Application—A Combined Wetland Permit Application for Wetland Replacement shall be made in writing to the City. The Application shall set forth the location and plan for the proposed project. The Applicant must provide seven printed and one electronic(PDF) version in color(all maps in PDF version need to be developed for an 11"x 17"printable format with sufficient detail so all features are legible). The Application must include: 1. The name and address of the person(s) applying for the permit (Applicant). 2. The name and address of the owner(s) of the land where the project will occur. 3. The name and address of the managing agents or consultants that are or may be involved with the wetland alteration and/or replacement activities. 4. The estimated period of time within which the project will be conducted. 5. 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 show: a. The size and location of the wetland in relation to the property boundaries,including a scaled public land survey with the coordinates of the approximate wetland center and sample locations. b. The property and a minimum of 50 feet of land abutting the property, as it existed prior to the proposed land alteration. C. The proposed ground elevation contours at 2 foot intervals on the property when the land alteration is completed. d. Locations of any surface inlets or outlets draining into or out of the wetlands. e. Pre- and post-drainage areas for all existing and proposed wetlands. f. Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. g. Survey data in a digital shapefile or comma delimited ASCII file format compatible with ArcView software. 6. Wetland Type of all existing and proposed wetlands,including a comparison to the Eggers and Reed"Wetland Plant Community Types" document. 7. Recent color aerial photograph of the proposed impact area. 17 8. Grading plan of the proposed project area(s)to a minimum scale of one inch equals 50 feet prepared by a registered professional engineer that includes appropriate drainage areas and drainage calculations,proposed two-foot contours of the land when the project is complete and erosion control to be used during construction. Construction details, including the proposed elevations and contours, for any control structures must be included on the plans. 9. A list of dominant or abundant vegetation in each stratum,utilizing the"50/20 rule"in the proposed impacted/altered wetland areas, including scientific and common names, and of vegetation exceeding 10% coverage and an estimated percentage of coverage for each. 10. A soils map of the site showing soil type and substrate. 11. Landscaping or revegetation plan at the same scale as the topographic map. 12. Such other information as may be necessary to evaluate the proposed wetland alteration and wetland replacement plans and to determine the amount and types of wetland to be impacted. 13. Evidence of ownership or property rights to the affected area. 14. Such other information as required by Minnesota Rule 8420.0530 and the City. E. Wetland Replacement Plan Approval-Wetland Replacement Plan Applications shall be allowed subject to approval by the City Council unless the area to be altered or impacted is less than 5,000 square feet in size in which case the Plans shall be subject to approval by the Environmental Coordinator. If the City determines that a feasible and prudent alternative exists that would avoid or minimize impacts to the wetland it shall deny the Application. The City shall make its decision regarding the Wetland Replacement Plans in accordance with Minnesota Statutes 15.99, Subd. 3. 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 approval of the Application,the approval shall be void. Approval of an Application for Wetland Alteration and/or Wetland Replacement does not exempt the Applicant from obtaining any and all other necessary permits for work within a wetland and/or wetland buffer. F. Wetland Replacement Annual Reports — Annual reports shall be prepared in accordance with Minnesota Rules 8420.0620 and must include the following information: 1. Reference photographs taken within 4 weeks of completion of the grading and within 4 weeks of completion of the landscaping. 2. A description of activities completed in the current year 3. A list of activities planned for the following year 4. As-built plans (for the first year only) to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals 5. A comparison of actual conditions with the as-built specifications and proposed plans 6. Monthly hydrology measurements from April through October 7. A list of vegetation that have 10%coverage or more 8. A comparison of proposed versus actual Wetland Types within the wetland and wetland replacement areas 18 9. Map of the plant communities within the wetland,wetland replacement and wetland buffer areas included in the Wetland Replacement Plan. The map shall be overlain on the topographic map provided for the Wetland Replacement Plan. 10. Monthly color photographs from the photographic reference points from April to October. 11. All information required by Minnesota Rules 8420 for wetland replacement reporting. Wetland Replacement Annual Reports must be submitted by November 1 each monitoring year. If the City does not receive either : 1) an annual monitoring report; or 2) notification that the report will be provided prior to December 31 st by the November 1 S`deadline the City will charge the Applicant for cost incurred by the City,including staff time,to collect the information needed to complete the Wetland Replacement Annual Report. One print and one electronic (PDF)copy in color (all maps in PDF version need to be developed for an 11" x 17"printable format with sufficient detail so all features are legible) shall be submitted for review. G. Fees — Submittal of requests for wetland determinations, sequencing flexibility, wetland delineation reviews,field or technical reviews of current or historic wetland and/or wetland buffer conditions, or an application for a Wetland Replacement Plan shall be accompanied by a non- refundable application fee and a cash deposit in such amounts as determined by the City Council and fixed by Ordinance. The cash deposit, or a portion thereof,will be refunded after final City Council action on the Development Application,or if there is no Development Application,after completion of City review and approval of the submittal, unless the total sum is greater than the administrative review cost. Costs may include, but are not limited to: 1. Consultant fees assisting in City review, providing technical assistance or other services required to meet WCA requirements. 2. City staff time expended in review, approval and processing of the Application or other services required to meet WCA requirements. 3. Consultant fees or City staff time expended in coordinating and holding Technical Evaluation Panel meetings. 4. Mailing, legal notices and other administrative costs. 5. Any other reasonable costs incurred by the City in review of the proposal. Full payment of the fees and cash deposit must be made by the Applicant prior to consideration of the Development Application. All costs incurred by the City greater than the cash deposit balance will be billed to the permit holder. H. Performance Bond—The performance bond, cash escrow or letter of credit required in Section 11.51, Subd. 10 shall include costs associated with the City and WCA requirements for Wetland Alteration or Wetland Replacement projects, including but not limited to construction, seeding, planting, monument installation and annual monitoring for a minimum period of 5 years. The Bond must include costs associated with re-grading or purchase of off-site Wetland Replacement if on-site Wetland Replacement is unsuccessful. 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. The amount of security shall be 150%of the estimated cost to complete the scope of work associated with the Wetland Plan and Wetland Replacement Plan. 19 I. Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and the Minnesota Wetland Restoration Guide (BWSR). 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 4th day of March, 2008 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of March, 2008. Ka Teen Porta, City Clerk P '1 oung, Mayor PUBLISHED in the Eden Prairie Newspaper on ? , 2008. 20 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 9-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11, SECTION 11.51 RELATING TO REGULATIONS RELATING TO STANDARDS FOR THE PROTECTION OF WETLANDS AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF The following is only a summary of Ordinance No. 9-2008. 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 Section 11.511 to clarify and expand the requirements for wetland regulation and protection. The revisions include the following: • Adoption of Local Government Unit (LGU) status for Riley-Purgatory-Bluff Creek Watershed District. • Incorporation of revisions to the Wetland Conservation Act(WCA)that were made in 2007. • Incorporation of revisions to the Nine Mile Creek Watershed District (NMCWD) wetland rules. • Additional requirements for documentation of avoidance and minimization for proposed wetland impacts. • Standards for application,review and approval of field review requests and report submittals. • Miscellaneous housekeeping items that have arisen in day to day application of the ordinance. This Ordinance incorporates,by reference,City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Ka Teen forta, City Clerk Phil Voung, Mayor PUBLISHED in the Eden Prairie News on bld4Wd , 2008. Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) CITY OF PIN C PRAIRCOUNTY, Laurie A. Hartmann,being duly sworn, on oath says that she is the authorized agent of the HENNEPIN COUNTY, g Y Y g MINNESOTA publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts SUMMARY OF ORDINANCE herein stated as follows: NO.9-2008 AN ORDINANCE OFTHE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE,MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AMENDING CITY CODE amended. CHAPTER 11, SECTION 11.51 RELATING TO REGULATIONS B The printed public notice that is attached to this Affidavit and identified as No. RELATING TO STANDARDS FOR ( ) P P THE PROTECTION OF was published on the date or dates and in the newspaper stated in the attached Notice and said WETLANDS AND PROVIDING Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of FOR PNA TIES. FOR the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in the composition only''a and publication of the Notice: sw Awav Vo.9-2008. T'h text is available for public inspection by any person during abcdefghijklmnopgrstuvwxyz regular office hours at the Office of r the City Clerk. The Ordinance amends City i BT�/vV�' i �'� }`J�� L�►r� Code Section 11.511 to clarify and expand-the requirements for Laurie A.Hartmann wetland regulation and protection. Therevisions includethefollowing: Adoption of Local Government Subscribed and sworn before me on Unit (LGU) status for Riley- Purgatory-Bluff Creek Watershed District. Incorporation ofrevisions to the Wetland Conservation Act(WCA) this c-; day of mote_-4 2008 that were made in 2007. Incorporation ofrevisions to the GWEN M.RADUENZ Nine Mile Creek WatershedDistrict NOTARY PUBLIC-MH ESOTA (NMC WD)wetland rules. My Comm&ion E#es Jan.31,2010 Additional requirements forr� documentation of avoidance'and minimization for proposed'wetland Notary Public impacts. , e Standards for application, review and approval of field review requests and report submittals. Miscellaneous housekeeping items that have arisen in day to day application of the ordinance. RATE INFORMATION EtFectiyaldte:This Ordinance shall take effect upon publication. Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch Phil Young,Mayor Maximum rate allowed by law for the above matter................................$40.00 per column inch Attest: Kathleen Ponta,City Clerk(A full copy of the text of this. Rate actually charged for the above matter...............................................$12.19 per column inch Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday, March 27, 2008; No. 3382)