ORD 17-07Ordinance 17 - o
Striketkrengks to be removed
Underlines to be added
An Ordinance Amending Section, 30-1852, Performance Standards of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-1852, Performance Standards of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1852. — Performance standards.
(a) Wetland buffer strip. A minimum 25 -foot buffer strip from the delineated boundary of a
wetland or ordinary highwater level of a stormwater pond is hereby established. Wetland
buffer strips shall meet the following standards:
i. No principle or accessory structures, patios, paving, or other impervious
surfacess;n eture shall be permitted within the wetland buffer strip.
ii. Alterations are prohibited within the wetland and wetland buffer strip, unless a
vegetation management plan or other approval is granted by the city.
iii. The applicant shall establish and maintain wetland and wetland buffer strip vegetation
in accordance with the requirements found in section 30-1853.
iv. The applicant shall maintain the required wetland buffer strip
monuments at each lot line where it crosses a wetland buffer strip and at 200 -foot
intervals along the edge of the wetland buffer strip. Each monument shall state
"Wetland Buffer: Under the City Code, no mowing, clearing or removal of vegetation
in the buffer area is allowed. Call the City of Elk River for more information." The
city reserves the right to eliminate this requirement if it deems it impractical.
v. The city, at its sole discretion, following the city's master park trail plan, may allow
nature trails comprised of natural materials, to be located within the wetland buffer
strip.
vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback
riding, including facilities such as nature trails and docks which allow for such
activities are permitted in the wetland buffer strip.
vii. Final plats for all subdivisions shall provide an easement over all wetlands and wedand
buffer strips for the purposes of identification and protection.
viii. properties platted prior to June 19. 2006, shall be exempt from the vegetation
management requirements described in subsections ii -iv above.
(b) Wetland bxefferstrip setback. A minimum 20 -foot setback from wetland buffer strips is
hereby established by the city.
i. No principle or accessory structures, patios, paving, or other impervious surface shall
be located within this setback.
ri_Nature trails, at the city's approval, may be located within the wetland buffer strip
setback.
Last Updated March 2014
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Stxiketleenghs to be removed
Underlines to be added
iii. On property that was platted prior to June 19, 2006, uncovered decks and permeable
pavement can be located within this setback.
fc�Fences may encroach into the wetland buffer strip setback, but at no time shall they be
allowed within the wetland buffer strip or in delineated wetlands. Properties platted prior to
June 19 2006, shall be exempt from this requirement
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of April, 2017.
ATTESTy
1
Tina Allard, City
Last Updated March 2014
J hn Dietz, Mayor
i ATT
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COUNTY OF SHERBURNE
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Designated Agent of the newspaper(s) known
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Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
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the requirements constituting qualifica-
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by Minn. Stat. §331A.02.
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week, for 1 successive week(s); the first
insertion being on 04/22/2017 and the last
insertion being on 04/22/2017.
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relating to the publication of mortgage
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with the conditions described in §580.033,
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By: l O,U,,A V`UL, L/
Designated Agent
Subscribed and sworn to or affirmed before
me on 04/22/2017 by Charlene Vold.
oto hA4 Jl. VVl o r,,
Notary Public
,DARLENE MARIE MAOPHERSON
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Ad ID 678856
CITY OF ELK RIVER
ORDINANCE 17 - 07
AN ORDINANCE
AMENDING SECTION,
30-1852, PERFORMANCE
STANDARDS OF THE
CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 30-1852,
Performance Standards of the City
of Elk River Code of Ordinances
shall be amended to read as fol-
lows:
Sec. 30-1852. - Performance
standards.
(a) Wetland buffer strip. A mini-
mum 25 -foot buffer strip from the
delineated boundary of a wetland
or ordinary highwater level of a
stornwater pond is hereby estab-
lished. Wetland buffer strips shall
meet the following standards:
1. No principle or accessory
structures, patios, paving, or other
impervious surfaces shall be per-
mitted within the wetland buffer
strip.
ii. Alterations are prohibited
within the wetland and wetland buf-
fer strip, unless a vegetation man-
agement plan or other approval is
granted by the city.
iii. The applicant shall establish
and maintain wetland and wetland
buffer strip vegetation in accor-
dance with the requirements found
in section 30-1853.
iv. The applicant shall maintain
the required wetland buffer strip
monuments at each lot line where
it crosses a wetland buffer strip
and at 200 -foot intervals along the
edge of the wetland buffer strip.
Each monument shall state 'Wet-
land Buffer: Under the City Code,
no mowing, clearing or removal
of vegetation in the buffer area is
allowed. Call the City of Elk River
for more information." The city re-
serves the right to eliminate this re-
quirement if it deems it impractical.
v. The city, at its sole discretion,
following the city's master park tail
plan, may allow nature tails com-
prised of natural materials, to be
located within the wetland buffer
strip.
vi. Leisure activities such as hik-
ing, nature studies, canoeing, boat-
ing and horseback riding, including
facilities such as nature tails and
docks which allow for such activ-
ities am permitted in the wetland
buffer strip.
vii. Final plats for all subdivisions
shall provide an easement over all
wetlands and wetland buffer strips
for the purposes of identification
and protection.
viii. Properties platted prior to
June 19, 2006, shall be exempt
from the vegetation management
requirements described in subsec-
tions ii -iv above.
(b) Wetland buffer strip setback.
4 minimum 20 -toot setback from
Netland buffer strips is hereby as-
lablished by the city.
i. No principle or accessory
structures, patios, paving, or other
mpervious surface shall be located
vithin this setback
ii. Nature tails, at the city's ap-
)roval, may be located within the
vetland buffer strip setback.
Sec. 30-1852. - Performance
standards.
(a) Wetland buffer strip. A mini-
mum 25 -foot buffer strip from the
delineated boundary of a wetland
or ordinary highwater level of a
stornwater pond is hereby estab-
lished. Wetland buffer strips shall
meet the following standards:
I. No principle or accessory
stmctures, patios, paving, or other
impervious surfaces shall be per-
mitted within the wetland buffer
strip.
ii. Alterations are prohibited
within the wetland and wetland buf-
fer strip, unless a vegetation man-
agement plan or other approval is
granted by the city.
in. The applicant shall establish
and maintain wetland and wetland
buffer strip vegetation in accor-
dance with the requirements found
in section 30-1853.
iv. The applicant shall maintain
the required wetland buffer strip
monuments at each lot line where
it crosses a wetland buffer strip
and at 200 -foot intervals along the
edge of the wetland buffer strip.
Each monument shall state "Wet-
land Buffer: Under the City Code,
no mowing, clearing or removal
of vegetation in the buffer area is
allowed. Call the City of Elk River
for more information." The city re-
serves the right to eliminate this re-
quirement if it deems it impractical.
v. The city, at its sole discretion,
following the city's master park trail
plan, may allow nature trails com-
prised of natural materials, to be
located within the wetland buffer
strip.
vi. Leisure activities such as hik-
ing, nature studies, canoeing, boat-
ing and horseback riding, including
facilities such as nature tails and
docks which allow for such activ-
ities are permitted in the wetland
buffer strip.
vii. Final plats for all subdivisions
shall provide an easement over all
wetlands and wetland buffer strips
for the purposes of identification
and protection.
viii. Pmperties platted prior to
June 19, 2006, shall be exempt
from the vegetation management
requirements described in subsec-
tions ii -iv above.
(b) Wetland buffer strip setback.
A minimum 20 -foot setback from
wetland buffer strips is hereby es-
tablished by the city.
i. No principle or accessory
structures, patios, paving, or other
impervious surface shall be located
within this setback
ii. Nature tails, at the city's ap-
proval, may be located within the
wetland buffer strip setback.
iii. On property that was platted
prior to June 19, 2006, uncovered
decks and permeable pavement
can be located within this setback
(c) Fences may encroach into
the wetland buffer strip setback,
but at no time shall they be allowed
within the wetland buffer strip or
in delineated wetlands. Properties
platted prior to June 19, 2006, shall
be exempt from this requirement.
SECTION 2. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
17th day of April, 2017.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
Apn122, 2017
678856