6.5. SR 06-19-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Communi Develo ment une 19,2006
Item Description
Recommendation to Approve Wedand Buffer
Ordinance
Item Number
6.5.
Prepared by
Rebecca Hau , Environmental Admin
Reviewed by
Scott Clark, Community Development
Director
Introduction
This ordinance was brought before you at the May workshop meeting. From that meeting a few changes
to the ordinance were requested. These changes are highlighted in the attached ordinance. As a
reminder, as part of the City's Natural Resource Inventory, the recommendation to adopt a wedand
buffer ordinance was initiated. Staff, along with the City's Wedand Technical Evaluation Panel, which is
made of individuals from the Department of Natural Resources (DNR), Army Corps of Engineers
(ACOE), Board of Water and Soil Resources (BWSR), Sherburne County Soil & Water Conservation
District (SWCD), Terry Maurer, City Engineer and John Norgren, Sherburne County Ditch Inspector
and the City's Natural Resource Inventory Task Force drafted a wedand buffer ordinance.
Discussion
Information was collected from other communities and there was considerable discussion between the
groups on the language in the ordinance. The proposed ordinance is much less restrictive than several of
the communities that were researched. Most of the communities determine setbacks from wedands
based upon the quality of the wedand. The purpose of this ordinance is to protect the remaining
wedands in the City of Elk River. Wedands serve several functions and are very important to water
quality. The ordinance would require a 25 foot buffer strip from the delineated wedand boundary or the
ordinary high water level of a stormwater pond. In this area, no mowing, clearing or removal of
vegetation would be allowed. A minimum of 20 feet from the wedand buffer setback would also be
required. No structures would be allowed in this setback area. Fences and nature trails, at the City's
approval, would be allowed. This ordinance is intended for new construction of plats so any existing lots
that abut a wedand would not be affected.
The City has made it a policy to require a 20' setback from wedands and steep slopes. However, the City
has been informing developers of this proposed ordinance and requesting they adhere to these rules.
Two of the plats that are incorporating this proposed ordinance are Heritage Maples and River Park.
Financial Impact
N/A
Attachments
Proposed wedand buffer ordinance and diagram depicting what lot would look like.
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Action Requested
Staff is recommending approval of the attached wetland buffer ordinance. I will be present at the
meeting to address any questions or concerns.
Council Action
Motion by _
Second by _ .
Vote
Follow Up
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ORDINANCE 06 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1 - DEFINITIONS OF THE CITY CODE OF ORDINANCES,
AND INSERTING SECTION 30-1850 PERTAINING TO WETLAND
BUFFERING REQUIREMENTS
Case No. OA 06-04
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended read as follows:
Definitions (amendment to Chapter 30, Section 30-1)
The following words, terms and phrases shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Weeds are (i) noxious weeds as defmed and designated pursuant to the "Minnesota noxious
weed law", Minnesota Statutes, Section 18.76-18.88, as amended from time to time, or (ii)
any volunteer plants. For the purposes of this definition, weeds do not include dandelions
or clover.
Wetland Alteration is a change to the wetland or wetland buffer strip in regards to size, depth
or contour; dredging; tilling; ditching; or changes in vegetation. Alterations would not
include wetland plantings or selective clearing or pruning of prohibited or restricted noxious
weeds as defined in Minnesota Rules 1050.0730 to 1050.0750.
Wetland Btiffer Strip is 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 previously defined.
Section 1. The following text shall be inserted into Section 30-1850 of the City
of Elk River Code of Ordinances to read as follows:
30-1850 Purpose
The City shall promote the general health, safety, and welfare of its residents by conserving
and protecting wetlands, avoiding the alteration or destruction of wetlands, and requiring
sound management practices as provided for in the Wetland Conservation Act (WCA) when
development occurs in the vicinity of wetlands. The City seeks to accomplish the following
purposes:
S:\Ordinances\2006 Ordinances\Wetland Buffer Ordinance.doc
1
1. Balance the need to preserve and protect natural resources and systems with 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
a. maintaining the ability of wedands to recharge and receive the discharge of
ground water,
b. preventing soil erosion,
c. retaining sediment, nutrients and toxicants in wedand buffer strip areas
before it discharges into community wedands, lakes and streams,
d. avoiding contamination and eutrophication of water features;
3. Reduce human disturbances to wedands 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.
The Minnesota Wedand Conservation Act and Minnesota Rules 8420 as amended from time
to time are hereby incorporated by reference.
30-185 I General Provisions
Unless determined otherwise by the City or the Technical Evaluation Panel (rEP), a
property owner, applicant for building permit, or subdivider, proposing work in or around
wedands, shall provide the following information:
1. Wedand delineation plan and written report,
2. Wedand impact plan,
3. Wedand mitigation plan, and
4. Any other information deemed necessary under the WCA as determined by the City
or TEP.
A determination regarding wedand impacts must be made by the City or TEP prior to
issuance of a building permit or review of the subdivision by the Planning Commission. Any
conditions required by the City or the TEP will become conditions of building permit
issuance or of the subdivision approval.
30-1852 Performance Standards
A. Wedand Buffer Strip
A minimum 25 (twenty-five) foot buffer strip from the delineated boundary of a
wedand or ordinary highwater level of a stormwater pond is hereby established. Wedand
buffer strips shall meet the following standards:
1. No structure shall be permitted within the buffer strip.
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2
1l. Alterations, including but not limited to building, paving, mowing,
introduction of non-native vegetation, cutting, filling, dumping, yard waste
disposal or fertilizer application, are prohibited within the wetland and
wetland buffer strip, unless a Vegetation Management Plan or other approval
is granted by the City.
111. The Applicant shall establish and maintain wetland and wetland buffer strip
vegetation in accordance with the requirements found in Section 30-1853.
tv. The Applicant shall maintain the required buffer strip monumentation 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, may allow nature trails comprised of natural
materials, to be located within the 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 buffer sttip.
Vll. At the time of subdivision, the applicant shall provide an easement over the
buffer strip for the purposes of identification and protection.
B. Wetland Buffer Strip Setback
A minimum 20 (twenty) foot setback from the wetland buffer is hereby established by
the City. No structure, principle or accessory, shall be located within this setback.
Nature trails, at the City's approval, may be located within the setback area.
Fences may encroach into the buffer strip setback, but at no time shall they be allowed
within the wetland buffer.
30-1853 Vegetation Standards
A. Where acceptable natural vegetation exists in wetland and wetland buffer strip areas,
the retention of such vegetation in an undisturbed state is required unless an Applicant
receives approval to replace such vegetation. A wetland and/or wetland buffer strip
has acceptable natural vegetation if it:
1. has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least 5 consecutive years, or
2. has an overstory of trees and/or shrubs with at least 80 percent canopy closure
that have been uncultivated or unbroken for at least 5 consecutive years, or
3. contains a mixture of the plant communities described in (1) and (2) above that
have been uncultivated or unbroken for at least 5 consecutive years.
S:\Ordinances\2006 Ordinances\Wetland Buffer Ordinance.doc
3
B. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the
City Environmental Administrator and/or his/her designee may determine existing
wedand and/or wedand buffer strip vegetation to be unacceptable if it:
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, resulting in
erOSlOn issues, or
3. for some other reason it is unlikely to retain nutrients and sediment.
C. Where wedands and/or wedand buffer strips, or a portion thereof, are not vegetated
or have been cultivated or otherwise disturbed within 5 years of the permit application,
such areas shall be re-planted and maintained. The wedand and wedand buffer strip
landscaping shall be planted according to the City's planting guidelines or the applicant
shall submit a planting plan for approval by the City.
30-1854 Variances
Variances may be considered for deviations from the strict application of the standards set
forth, as oudined in section 30-633 of this Code.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this _th day of
,200_.
Stephanie Klinzing
Mayor
Attest:
Joan Schmidt
City Clerk
S:\Ordinances\2006 Ordinances\Wetland Buffer Ordinance.doc
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ORDINANCE 06 - _
CITY Of ELK RIVER
AN ORDINANCE Of THE CITY Of ELK RIVER AMENDING
SECTION 30-1 - DEfiNITIONS THE CODe OF ORDINANCES BY AMENDING,
AND ADDING SECTION 30-1850 ESTABLISHING WETLAND BUFFERING
REQUIREMENTS
Case No. OA 06-04
The City Council of the City of Elk River does hereby ordain as fonows:
Section 1. Section 30-1, tided/Definitions, of the City of Elk River Code of
Ordinances, shall be amended to add the following definitions:
Weedr are noxious weeds as defined and designated pursuant to the "Minnesota noxious
weed law", Minnesota Statutes, Section 18.76-18.88, as amended from time to time.
Alteration is an activity that will change or diminish the course, current, or cross-section of a
wetland or wedand buffer strip including but not limited to changes in size, depth or
contour, or dredging, tilling; ditching, building, paving, mowing, introduction of non-native
vegetation, cutting, filling, dumping, yard waste disposal or fertilizer application. Alteration
does. not include wedand plantings or selective clearing or pruning of weeds as defined
herein.
Wetland B1dJer Strip is 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 previously defined
Se~tion 2. Section 30 of the City of Elk River Code of Ordinances shall be
amended by adding there to Sections 30-1850 to 30-1854, as follows:
30-1850 Purpose
To promote the general health, safety, and welfare of City residents by conserving and
protecting Wetlands, avoiding the Alteration or destruction of Wetlands, and requiring
sound management practices as provided for in the Wedand Conservation Act ~CA) when
development occurs in the vicinity of Wetlands. The City seeks to accomplish the following
purposes:
1. Balance the need to preserve and protect natural resources and systems with 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
a. maintaining the ability of Wetlands to recharge and receive the discharge of
ground water,
S:\PLANNING\Case Files\2006\OA\OA 06-04 City of ER Wetland\Wetland Buffer Ordinance.doc
b. preventing soil erosion,
c. retaining sediment, nutrients and toxicants in Wetland Buffer Strip areas
before it discharges into community Wetlands, lakes and streams,
d. avoiding contamination and eutrophication of 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.
30-1851 General Provisions
(A) The Minnesota Wetland Conservation Act and Minnesota Rules, Chapter 8420, et
seq as amended from time to time, are hereby incorporated by reference. In case of a
conflict between this ordinance and the requirements of State law the more
restrictive provision shall apply.
(B) No property owner or other person shall make any alteration to a wetland or wetland
buffer strip unless and until the provisions of this ordinance have been complied
with.
(C) Unless determined otherwise by the City or the Technical Evaluation Panel
(YEP), a property owner, applicant for building permit, or applicant proposing work
in or around wetlands shall submit to the City prior to making any alteration to a
Wetland or Wetland Buffer Strip the following information:
1. Wetland delineation plan and written report,
2. Wetland impact plan,
3. Wetland mitigation plan, and
4. Any other information deemed necessary under this ordinance or the WCA
as determined by the City or TEP.
(0) A determination regarding wetland impacts must be made by the City or TEP prior
to any wetland alteration, issuance of a building permit, or approval of a subdivision
by the Planning Commission. Any conditions required by the City or the TEP will
become conditions of building permit issuance or subdivision approval.
30-1852 Performance Standards
A. Wetland Buffer Strip
A minimum 2S (twenty-five) foot buffer strip from the delineated boundary of a
wetland or ordinary high water level of a storm water pond is hereby established.
Wetland buffer strips shall meet the following standards:
S:\PlANNING\Cose Ales\2006\OA\OA 06-04 city of ER Wetlond\Wetlond Buffer Ordinonce.doc ?
L No structure shall be permitted within the buffer strip.
u. 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.
lV. The Applicant shall maintain the required buffer strip monumentation 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, may allow nature trails comprised of natural
materials, to be located within the buffer strip.
V1. 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 buffer strip.
vu. Final Plats for all subdivisions shall provide an easement over the buffer strip
for all Wetlands and Wetland Buffer Strips for the purposes of identification
and protection.
B. Wetland Buffer Strip Setback
A minimum 20 (twenty) foot setback from Wetland Buffer Strips is hereby established
by the City. No structure, principle or accessory, shall be located within this setback.
Nature trails, at the City's approval; may be located within the Wetland Buffer Strip
setback.
Fences may encroach into the Wetland Buffer Strip Setback, but at no time shall they
be allowed within the Wetland Buffer Strip.
30-1853 Vegetation Standards
A. Where acceptable natural vegetation exists in Wetland and Wetland Buffer Strip areas,
the retention of such vegetation in an undisturbed state is required unless an Applicant
receives approval to replace such vegetation. A Wetland 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.
S:\PLANNING\Case Files\2006\OA \OA 06-04 City of ER Wetland\ Wetland Buffer Ordinance.doc
1
B. Notwithstanding the performance standards set forth above in Section 30-1853 (A) the
City Environtnental Administrator and/or his/her designee may determine existing
Wetland or Wetland Buffer Strip vegetation to be unacceptable if it
1. is composed of Weeds or
2. has topography that tends to channelize the flow of surface runoff~ resulting in
erosion issues, or
3. is unlikely to retain nutrients and sediment.
C. Where Wetlands or Wetland Buffer Strips~ or a portion thereof~ are not vegetated or
have unacceptable vegetation or have been cultivated or otherwise disturbed within 5
years of the pennit applicatio~ such areas shall be re-planted and maintained. The
Wetland and Wetland Buffer Strip landscaping shall be planted according to the City's
planting guidelines or the applicant shall submit a planting plan for approval by the
City.
3()'1854 Variances
Variances may be considered for deviations from the strict application of the standards set
forth in Sections 30-1850 to 30-1853, pursuant to the procedures and requirements of
section 30-633 of this Code.
Sec;tion ~. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this _ th day of
,200_.
Stephanie Klinzing
Mayor
Attest
Joan Schmidt
City Clerk
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