HomeMy WebLinkAboutOrdinance - 14-2014 - Amending City Code Chapter 11 Relating to Wetland Protection - 05/29/2014 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 14-2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO WETLAND
PROTECTION; 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 is hereby amended by deleting the Section in its
entirety and replacing it with the following:
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 Minnesota Rules Chapter 8420. All
wetlands, as defined in Section 11.51, Subd. 3 of this Code, including Public Waters and Public
Waters Wetlands governed by Minn. Stat. 103G.005 and those governed by the U.S. Army Corps of
Engineers, 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.
Each reference in this Section to statutes, codes, regulations or rules constitutes a reference to the
statute, code, regulation or rule as may be amended from time to time.
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 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 of this Code:
A. "Applicant" — The "Applicant" means the person submitting a Development Application to
the City.
B. "City Engineer"—The "City Engineer" means the City Engineer or his/her designee."
C. "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.
D. 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.
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 alteration, wetland no-loss determination or
Wetland Replacement.
F. "Environmental Coordinator"—The "Environmental Coordinator" means the Environmental
Coordinator or his/her designee.
G. "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 or federal land, the agency with administrative responsibility for that land
is the LGU.
H. "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 habitat; water quality protection; flood & stormwater attenuation; recreation,
aesthetics, education & science; fishery habitat; shoreline protection; groundwater
interaction; and commercial uses.
I. "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.
J. "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 8420.0415. 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.
K. "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.
L. "Setback" — The minimum horizontal distance between a structure and the nearest edge of
the wetland buffer strip.
M. "Sequencing Flexibility"— Sequencing Flexibility is implemented after all alternatives have
been considered in accordance with Minnesota Rules 8420.0520 and Subd. 11.51, 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.
N. "Structure"—A"Structure" means a Structure as defined in Section 11.02, 62 of this Code.
O. "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 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.
P. "Weeds" - Weeds are (i) noxious weeds as defined and designated pursuant to the
"Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, 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.
Q. "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.
R. "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.
S. "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.
T. "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 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.
U. "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.
V. "Wetland Plan" — A summary of all work items to be completed in relation to any wetland
alteration, hydrology monitoring, 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.
W. "Wetland Replacement" — Wetland habitat enhancement; wetland creation; restoration of
wetland habitat or functions; wetland construction; wetland replacement; wetland banking;
wetland buffer habitat creation; wetland enhancement; or stormwater system construction to
enhance water quality. 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.
X. "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" or"Local Water Management Plan" are also included in this category.
Y. "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.
Z. "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 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.
AA. "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.
BB. "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 8420.0111 Subp. 75 must be used to determine wetland
replacement ratios.
CC. "Wildlife Habitat" - Plant communities that support wildlife in a natural, undomesticated
state.
DD. "Yard" — That portion of a lot not occupied by a Structure. Yard does not include any
wetlands or wetland buffer strips on the property.
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 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 Section 11.51, Subd. 4 of this Code.
D. Activities including, but not limited to, Wetland Alteration, digging, building, paving,
mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris,
planting of non-native vegetation 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. An 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
Section 11.51, Subd. 8 of this Code.
F. If a wetland(s) is present, 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.
The MinRAM assessment must be submitted to the Environmental Coordinator with the
Wetland Delineation Report.
G. Wetland Determination, Wetland Delineation and Wetland Buffer Strip Evaluation Reports
shall be valid for 3 years from the date of the field delineation for these reports unless the
Environmental Coordinator determines that the report is no longer valid on a sooner date
due to changes in site conditions such as in hydrology, soils or vegetation.
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" (Publication 96-01078-SDE) and the 2010
"Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest
Region, Version 2" (Publication ERDC/EL TR-10-16) 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
Development Application incomplete until such time that appropriate field verification is
possible. A Preliminary Approval may be requested during the non-growing season.
Preliminary Approvals must be verified during the growing season before any work on the
project may commence. The applicant bears all risk that revisions may be required to
Development Application and the Preliminary Approval due to the fact that the review
occurred during the non-growing season.
If a MinRAM assessment is not conducted during the growing season or if it is determined
to be incomplete, the quality will be assumed as High Quality.
J. An Applicant shall not be required to field delineate wetlands 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. Prior to submission of the Wetland Determination Report or Wetland Delineation Report the
Applicant must contact the Environmental Coordinator 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. The
Applicant must also contact the Environmental Coordinator to obtain a water body
identification number for any existing or proposed stormwater pond, stormwater infiltration
areas, or wetland replacement areas within the Development.
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 Environmental Coordinator with the Wetland
Delineation Report.
M. For Development Applications involving Wetland Alteration, the Applicant must provide
written documentation to the Environmental Coordinator 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 Environmental Coordinator for review, one of which must
be a "no-impact" alternative. Wetland restoration or expansion of existing or historic
wetlands is preferred rather than creation 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, Riley Creek,
Purgatory Creek, or 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 8420.0522 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). If sequencing flexibility is requested, the Applicant must provide all
necessary information to the Environmental Coordinator with the Wetland Replacement
Plan. Flexibility in application of the sequencing steps will be considered only if the
criterion set forth in Minnesota Rule 8420.0520 Subp. 7a are met and the wetland to be
impacted has been degraded to the point where replacement would result in a 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
Environmental Coordinator 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 Environmental Coordinator for
review and approval prior to submission of the Development Plans to the City Council for
review and approval or, if the plans are not submitted to the City Council, prior to issuance
of a Building Permit for the property.
Q. If the Applicant disputes whether a wetland exists or its classification, the Applicant has the
burden to supply detailed information to the Environmental Coordinator 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, No-Loss
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 Environmental
Coordinator to be a qualified wetland delineator.
S. An Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report")
is required if a wetland or any wetland buffer required by Section 11.51 of this Code is
located on the subject property. The Annual Buffer Report shall include an evaluation of the
Wetland and Wetland Buffer and a plan for resolving any insufficiencies including any
information the Environmental Coordinator specifically requests. If an Annual Buffer
Report is required the Developer shall submit an executed contract with a qualified wetland
consultant, as determined by the Environmental Coordinator, who will prepare the Annual
Buffer Report which evaluates the condition of the wetland(s) and wetland buffer strip(s)
prior to release of the final plat for any portion of the subject property, or if there is no plat
prior to approval of the Development Application. . 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 construction, 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 15t' 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 Section 11.51,
Subd. 11 of this Code.
U. It is unlawful for any person to make a false statement or omission on any application or
report. Any false statement in such application or report shall be grounds for denial of the
application or report, or if already approved, shall be grounds for revocation of the approval.
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 Section 11.55 of this Code.
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 Engineer and receive the City Engineer'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 Engineer 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 Engineer and receive City Engineer'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 Engineer 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, Subd. 5.H of this Code. Wetlands, wetland buffer strips
and wetland replacement areas shall be seeded and/or planted in accordance with Section
11.51, Subd. 8 of this Code 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
during the 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.
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 Environmental Coordinator.
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. In addition, any property located in
the Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts shall comply with
any additional buffer requirements imposed by the Watershed Districts.
B. Wetland buffer strips and structure setbacks shall apply regardless of whether 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 Environmental Coordinator 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 Environmental Coordinator 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 Environmental Coordinator. The Vegetation Management Plan form
must be obtained from the City.
E. All other 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.
F. For roadways 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.
G. Trails that are intended to serve an interpretive function, as determined by the
Environmental Coordinator, are exempted from the wetland buffer strip requirement.
H. 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
Exce tional Hi h Moderate Low
Wetland Buffer Strip Minimum Width 40' 30' 20' 10,
Wetland Buffer Strip Minimum Average 60' 60' 40' 20'
Width
Structure Setback(from Wetland Buffer Strip) 25' 25' 15' 15'
Total Minimum Average 85' 85' 55' 35'
I. The wetland buffer strip width for constructed stormwater ponds or infiltration areas utilized
for Public Value (PVC) or New Wetland (NWC) 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 Environmental Coordinator. 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" or other statement
approved in writing by the Environmental Coordinator. 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 Environmental Coordinator 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 Environmental Coordinator
or any other agency which may regulate the removal or replacement of 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 Section 11.51, Subd. 8 (A) of
this Code, the Environmental Coordinator 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
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 in accordance with Section 11.51, Subd. 8 of this Code. The
wetland, wetland replacement and wetland buffer strip planting requirements must be
included in the Wetland Delineation, Wetland Buffer Strip Evaluation or Wetland
Replacement Plan Monitoring 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 Environmental
Coordinator. 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 Environmental Coordinator.
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 Environmental Coordinator by a
qualified contractor. Determination of the contractor's qualifications shall be made
by the Environmental Coordinator. It is the responsibility of the Applicant to have
the contractor and method used approved by the Environmental Coordinator 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
Environmental Coordinator.
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 11.55, Subd. 5 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 or reseed 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 11.51, Subd. 8 of this Code. However, 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
Section 11.51, Subd. 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
Environmental Coordinator.
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 Environmental Coordinator.
B. Wetlands and wetland buffer strips must not be mown except as pre-approved in writing by
the Environmental Coordinator for maintenance practices. The acceptability of the proposed
maintenance practices shall be made by the Environmental Coordinator.
C. Variances/Waivers
1. Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1 of
this Code 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. Surety 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 Environmental
Coordinator 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 Environmental Coordinator, as surety thereon, or other
guarantee acceptable to the Environmental Coordinator and in an amount determined by the
Environmental Coordinator as set forth below ("Surety"). Surety requirements for Development
Applications for areas where the City is the LGU are set forth in Section 11.51 Subd. 11 of this
Code.
A. Amount - The amount shall be for no less than one and one-half (1 %Z) times the amount
estimated by the Environmental Coordinator 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 Surety 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. Submissions — The Applicant shall provide one copy of a signed contract with an
environmental consultant to monitor construction activities and annual compliance and
certify final completion of the wetland, wetland buffer strip and wetland replacement
requirements to the Environmental Coordinator.
D. Form of Application — The Surety Environmental Coordinator 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 — An Applicant submitting a
Development Application must provide a report documenting site conditions; wetland
delineation review procedures; a statement as to whether wetlands are present on site;
whether an exemption is requested; and whether the development proposal will result in a
loss of wetland. Reports must be prepared in accordance with paragraph B.
B. Wetland Delineation, Wetland Determination, Wetland Exemption and No Loss
Determination Review Application — The Applicant shall complete and file with the
Environmental Coordinator an Application for Review of Wetland Determinations in the
form required by the Environmental Coordinator. The Application, including the following
information, must be filed with the Environmental Coordinator a minimum of one week
prior to scheduling a field review by the Environmental Coordinator:
1. Wetland Delineation Report, Wetland Determination, Wetland Exemption or No
Loss Determination Report, one print copy and one electronic (PDF) version in color
(all maps in the PDF version need to be developed for an 11" x 17" printable format
with sufficient detail so all features are legible);
2. Wetland Buffer Strip Report, one print and one electronic copy (PDF) must be
submitted with the Wetland Delineation Report;
3. Scaled public land survey map of the wetland delineation and boundary, transect
locations and sample points;
4. Survey data in a format compatible with ArcView software;
5. A minimum of two wetland field 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 and
7. Such other information as required by the Environmental Coordinator.
An Applicant may request an exemption or no-loss determination in accordance with Minnesota
Rules 8420.0315, 8420.0320, 8420.0410, 8420.0415 and 8420.0420.
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 submission of a Combined
Wetland Permit Application for review and approval by the City. Except for those wetlands
exempt under Minnesota Rule 8420.0420, 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 one 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.
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 8420.0330 and the City.
E. Wetland Replacement Plan Approval - Wetland Replacement Plan Applications shall be
allowed 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 8420.0810 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
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 St 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 — Submission 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 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. Surety — The Surety 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. The Surety shall be retained by the City until the later of(i) approval of
the project as final by the Environmental Coordinator; or (ii)a minimum period of 5 years.
The Surety must include costs associated with re-grading or purchase of off-site Wetland
Replacement if on-site Wetland Replacement is unsuccessful. The Surety 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.
I. Wetland construction or replacement must be conducted as required in Minnesota Rules
8420 and the Minnesota Wetland Restoration Guide (BWSR).
Subd. 12—Submissions, Decisions, and Appeals.
A. All applications, information, analyses and reports required pursuant to City Code Section
11.51 shall be in the form required by the City and shall be submitted to the Environmental
Coordinator by the Applicant in conjunction with the submission of the Development
Application.
B. All applications, information, analyses and reports required pursuant to City Code Section
11.51 shall be subject to review and approval by the Environmental Coordinator in
accordance with the procedures set forth in Minnesota Rules 8420.0255. All decisions made
by the Environmental Coordinator are final unless a timely appeal is filed with the City
Council.
C. All decisions made by the Environmental Coordinator may be appealed to the City Council
in accordance with Minnesota Rules 8420.0905. The appeal must be in writing, must be
accompanied by payment of all applicable fees, and must be filed with the City Engineer
within 30 days of the date the Notice of Decision is sent. The City Council shall make a
ruling on the appeal within 30 days of the date of the filing of the appeal unless the City
Council and the appellant mutually agree in writing to an extension.
D. A decision of the City Council may be appealed to the Minnesota Board of Water and Soil
Resources (BWSR)pursuant to Minnesota Rules 8420.0905.
E. An applicant proceeds at their own risk if they proceed prior to expiration of the 30-day
appeal window. If the decision is reversed or revised under appeal, the Applicant is
responsible for restoring and replacing all wetland impacts.
Subd. 13—Enforcement and Remedy.
In addition to the remedy provided for in City Code Section 11.99, the provisions of City Code
Section 11.51 may be enforced in accordance with Minnesota Rule 8420.0900, or any other remedy
provided for in law or equity.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of
May, 2014, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 20`h day of May, 2014.
Kat een Porta, City Clerk cy ra- e or
Published in the Eden Prairie News on the 291h day of May, 2014.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 14-2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO WETLAND
PROTECTION; 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:
The following is only a summary of Ordinance No. 14-2014. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance amends City Code Section 11.51 which establishes regulations for
wetland protection. The proposed revision brings the Wetland code up to date with current state law
and also clarifies processes and procedures related to Wetland applications and review. This
Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which
contain provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
K hleen Porta, City Clerk Nan yr k s, M or
PUBLISHED in the Eden Prairie News on May 29, 2014. I