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ORD 18-12ver Ordinance 18 - 19 Strilsedxenghs to be removed Underlines to be added An Ordinance Amending Chapter, 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 Rivet 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 surfaces 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 ctosses 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 Rivet 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. Ali. 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 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 subsections ii—iv above. (b) Wetland buffer strip 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. Last Updated March 2014 NATURE Strileethrevgks to be removed Underlines to be added ii. Nature trails, at the city's approval, 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) EaLeptions Properties platted prior to adoption of the wetland buffer strip and wetland buffer strip setback performance standards set forth in this section may not be configured to accommodate the required performance standards. For this reason, exceptions to the performance standards for properties platted prior to June 19. 2006, maybe approved by the Planning Manager pursuant to the Site Plan Review Process. Applicants for Site Plan Review shall 12a)' the fee specified in the cit;T's fee schedule. Site Plan approvals and required conditions shall be made by the Planning Manager on a case by case basis with the goal of maintaining consistency with the performance standards to the maximum extent reasonably possible Appeals from staff determinations and conditions may be made pursuant to the appeal procedures set forth in Section 30-634. (tj(d) Fences. 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 16th day of July, 2018. n J ietz, ayor ATTEST: Tina Allard, City Clerk Last Updated March 2014 to IEB Eo IE NATURE AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )as COUNTY OF SHERBURNE Jessica Crabb being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: 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: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the fust insertion being on 07/21/2018 and the last insertion being on 07/21/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 07/21/2018 by Jessica Crabb. Notary Public vwwvv., a..= DARLENE MARIE WPHERSON Notary Public -Minnesota N1y Commission Expires Jan 31, 2019 ` Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 837076 CITY OF ELK RIVER ORDINANCE 18 - 12 AN ORDINANCE AMENDING CHAPTER, 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 stomwater pond is hereby estab- lished. Wetland buffer strips shall meet the following standards: i. 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 infornation." 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 trails and docks which allow for such activ- ities are permitted in the wetland buffer strip. vii. Fnal 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. 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 trails, 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) Exceptions. Properties plat- ted prior to adoption of the wetland buffer strip and wetland buffer strip setback performance standards set forth in this section may not be configured to accommodate the required performance standards. For this reason, exceptions to the performance standards for proper- ties platted prior to June 19, 2006, may be approved by the Planning Manager pursuant to the Site Plan Review Process. Applicants for Site Plan Review shall pay the fee spw- ified in the city's fee schedule. Site Plan approvals and required con- ditions shall be made by the Plan- ning Manager on a case by case basis, with the goal of maintaining consistency with the performance standards to the maximum extent reasonably possible. Appeals from staff determinations and conditions may be made pursuant to the ap- peal procedures set forth in Section 30-034. (d)Fences. Fences may en- croach irao the wetland buffer strip setback, but at no time shall they be allowed within the wetland buf- fer strip or in delineated wetlands. Properties platted prior to June 19, 2006, shall be exempt from this re- quirement. 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 16th day of July, 2018. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News July 21, 2018 837076