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ORD 06-007 . . . ORDINANCE 06 - 07 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-1 - DEFINITIONS, AND ADDING SECTIONS 30-1850 THROUGH 30-1854, ESTABLISHING WETLAND BUFFERING REQUIREMENTS, TO THE CODE OF ORDINANCES 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 to add the following definitions: Weeds 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 Wetland 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 wetland plantings or selective clearing or pruning of weeds as defined herein. 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 2. Section 30 of the City of Elk River Code of Ordinances shall be amended by adding 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 Wetland Conservation Act (WCA) 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; Promote water quality by 2. . . . 3. a. maintaining the ability of Wetlands to recharge and receive the discharge of ground water, 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; Reduce human disturbances to Wetlands by providing a visual and physical transition from surrounding yards; and Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. 4. 30-185 I General Provisions (A) The Minnesota Wetland Conservation Act and Minnesota Rules, Chapter 8420, 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. (D) 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 2006-07 2 . . . 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. 11. No structure shall be permitted within the Wedand Buffer Strip. Alterations are prohibited within the Wedand and Wedand Buffer Strip, unless a Vegetation Management Plan or other approval is granted by the City. The Applicant shall establish and maintain Wedand and Wedand Buffer Strip vegetation in accordance with the requirements found in Section 30-1853. The Applicant shall maintain the required Wedand Buffer Strip monumentation at each Lot line where it crosses a Wedand Buffer Strip and at 200 foot intervals along the edge of the Wedand Buffer Strip. Each monument shall state "Wedand 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. 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 Wedand Buffer Strip. 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 Wedand Buffer Strip. Final Plats for all subdivisions shall provide an easement over all Wedands and Wedand Buffer Strips for the purposes of identification and protection. 111. lV. v. Vl. Vll. B. Wedand Buffer Strip Setback A minimum 20 (twenty) foot setback from Wedand 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 Wedand Buffer Strip setback. Fences may encroach into the Wedand Buffer Strip Setback, but at no time shall they be allowed within the Wedand Buffer Strip. 30-1853 Vegetation Standards A. Where acceptable natural vegetation exists in Wedand and Wedand Buffer Strip areas, the retention of such vegetation in an undisturbed state is required unless an Applicant receives approval to replace such vegetation. A Wedand or Wedand 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 overs tory 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 2006-07 3 . . . 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 30-1853 (A) the City Environmental Administrator and/or his/her designee may determine existing Wetland or Wedand 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 permit application, such areas shall be re-planted and maintained. The Wedand 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. 30-1854 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. law. Section 3. That this ordinance shall take effect upon publication as provided by Passed and adopted by the City Council of the City of Elk River this 19th day of June 2006. ~~ Mayor Attest: (,'\7~. )~~:t /~i ;' ; J qan Sj:hmidt City---Clerk 2006-07 4 Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) viously defined. ORDINANCE 0�-07 being duly sworn, on oath says that he/she is the publisher CITY OF ELK RIVER Section 2.Section 30 of the City AN ORDINANCE OF THE of Elk River Code of Ordinances or authorized agent and employee of the publisher of the CITY OF I;I If IIEII shall be amended by adding Sec- ING tions 30-1850 to 30-1s54, as fol- newspaper known as the Elk River Star News, and has full AMEND SECTION 30-1 lows: DEFINITIONS,AND ADDING 30-1850 Purpose , knowledge of the facts which are stated below: SECTIONS 30=1850 THROUGH To promote the general health, 30.1354,ESTABLISHING dents and welfare of City resi- A) The newspaper has Complied with all the TLAND BUFFERING dents by conserving and protect- WE, requirements constituting qualification as a qualified ing Wetlands,avoiding the Alter- cl g 9 9 1EQUIRE,MENTS, ation or destruction of Wetlands, newspaper, as provided by Minnesota Statute 331A.02, TO THE CODE OF ORDI- and requiring sound management NANCES practices as provided for in the 331A.07, and other applicable aws, as amended. Case No.OA 06-04 Wetland Conservation Act(WCA) The City Council of the City of when development occurs in the B) The printed p ���0 Elk River does hereby ordain as vicinity of Wetlands. The City follows: seeps to accomplish the following 'Section 1.S e c t i o n- 3 0 - 1 , purposess Which is attached Was Cut from the Columns Of Said titled/Definitions, of the City of 1.Balance the need to preserve Elk River Code of Ordinances, and protect natural resources and newspaper, an Was printed and published once each shall be amended to add the foi- systems with the rights of private l lowing definitions: property owners and the need to Week, for succes ive Weeks; it Was first published Weeds are noxious weeds as u ort the efficient use of devel- CIVIL/ defined'and designated pursuant opable land within the City;; on Wednesday, the day of to the "Minnesota noxious weed 2.Promote water quality by law",Minnesota Statutes,Section 20 , and was thereafter tinted and ublished eve 18.76=18.88,as amended from a.maintaining the ability of p n' time -time. Wetlands to recharge and receive Wednesday to and including Wednesday, the Al tion is an activity that will the discharge of ground water, chu z or diminish the course, b•preventing soil erosion, day of , 20 ;and printed below c.retaining sediment,nutrients current, or cross-section of a and toxicants in Wetland Buffer is a Copy of the lower case alphabet from A to Z, both Wetland or Wetland Buffer Strip Strip areas before it discharges including but not limited to into community.Wetlands,lakes inclusive, which is hereby acknowledged as being the size changes in size,depth or,contour, and streams and kind of type used in the composition and publication or dredging, tilling; ditching', d.avoiding `ntamination and building,paving,mowing,intro- eutrophicatio ','water features; of the notice. duction of non-native vegetation, 3,Reduce human disturbances to cutting, filling, dumping, yard Wetlands by providing a visual waste disposal or fertilizer appli- and physical transition from sur- cation . Alteration does not rounding yards;,and abedefghijklmnopgrstuvwxyz include wetland plantings or 4.provide wildlife habitat and selective clearing or pruning of weeds as defined herein. thereby support the maintenance ` Wetland Buffer Strip. an area of diversity of both plant and B}(; animal species within the City. of vegetated ground cover around the perimeter of a Wetland that, (A)The Minnesota Wetland 1 General Provisions TITLE: either in its natural condition or (A)The Minnesota Act and Minnesota through intervention, has the Rules,Chapter 8420,as amended characteristics of a buffer as pre- from time to time, are hereby Subscribed and sworn to before me on this day of incorporated by reference.In case 2006- of a conflict between this.ordi- nance and the requirements of ` State law the more restrictive provision shall,apply. (B)No property owner or other Notary Pu ' �' ` person shall m blic make any Alteration � , •• ,�o�, ' ,o(�a��'-1�° .to a Wetland or Wetland Buffer Strip unless and until the provi- sions of this ordinance have been 'j"�i' complied with. iG (C)Unless determined otherwise (1) Lowest classified rate aid`by by the City or the Technical Evaluation Panel(TEP), a commercial users for comparable space $ s property owner, applicant for (2) Maximum rate allowed by law for building permit, or applicant ,y proposing work in or around the above matter $ (✓ wetlands shall submit to the City prior to making any Alteration to (3) Rate actually charged for the a Wetland or Wetland Buffer $ Strip the followine'information: above matter 1.Wetland delineation_pla'n and` written report, 2.Wetland impact plan, 3.Wetland mitigation plan,and Fences may encroach into the 4,Any other information deemed Wetland Buffer Strip Setback,but necessary under this ordinance or at no time shall they be allowed the WCA as determined by the within the Wetland Buffer Strip. City or TEP. 30-1853 Vegetation Standards; (D)A determination regarding A.Where acceptable natural wetland impacts must be made by ' vegetation exists in Wetland and the City or TEP prior to any Wetland Buffer Strip areas,the Wetland Alteration,issuance of a retention of such vegetation in an building permit,or approval of a undisturbed state is required subdivision by the Planning anless an Applicant receives Commission, Any conditions required by the City or the TEP will become conditions of building approval to replace such vegeta- permit issuance or subdivision tion. A Wetland or Wetl'and', approval, Buffer Strip has acceptable 30-1852 Performance Standards natural vegetation if it: A.Wetland Buffer Strip 1,has a continuous,dense layer A minimum 25(twenty-five)foot of perennial grasses that have buffer strip from the delineated been uncultivated or unbroken for boundary o f a Wetland or at least 5 consecutive years,or ordinary highwater level of ; 2. has an overstory of trees stormwater pond is hereby and/or shrubs with at least 80 established. Wetland Buffer percent canopy closure that have Strips shall meet the following been uncultivated or unbroken for standards: at least 5 consecutive years,or i. No structure shall be 3.contains a mixture of the plant permitted within the Wetland communities described in(1)and Buffer Strip. (2) above; that have been ii. Alterations are prohibited uncultivated or unbroken for at within the Wetland and Wetland least 5 consecutive years. Buffer Strip,unless a Vegetation B.Notwithstanding' the Management Plan or other ' performance standards set forth approval is granted by the City. above in Section 30=1853 (A)the iii.The Applicant shall establish City E n v i r o n m e n t a l and maintain Wetland and Administrator and/or his/her Wetland Buffer Strip vegetation designee may determine existing in 'accordance with the Wetland or Wetland Buffer Strip requirements found in Section vegetation to be unacceptable if it: 30-1853. 1.is composed of Weeds or iv.The Applicant shall maintain 2.has topography that tends to the required'Wetland Buffer Strip channelize the flow of surface monumentation at each Lot line runoff,resulting in erosion issues, where it crosses a Wetland Buffer` or Strip and at 200 foot intervals 3.is unlikely to retain nutrients along the edge of the Wetland and sediment. Buffer Strip. Each monument C,Where Wetlands or Wetland shall state "Wetland Buffer: Buffer Strips,or a portion thereof, Under the City Code,no mowing, are not vegetated or have clearing or removal of vegetation unacceptable vegetation or have in the buffer area is allowed. Call been cultivated or otherwise the City of Elk River for more' disturbed within 5 years of the information." The City reserves permit application, such areas the right to eliminate this shall be re-planted' and requirement if it deems it in prat, maintained. The Wetland and tical. Wetland Buffer Strip landscaping v.The City,at its sole discretion, shall be planted according;to the following the City's,Master Park City's planting guidelines or the Trail Plan, may allow nature applicant shall submit a planting trails comprised of natural' plan for approval by the City. materials,to be located within the 30-1854 Variances Wetland Buffer Strip. Variances may be considered for vi. Leisure activities such as deviations from the strict hiking,nature studies,canoeing; application of the standards set boating and horseback riding, forth in Sections 30-1850 to including facilities such as nature 1 30-1853, p u rsua n t to the trails and docks which allow for procedures and requirements of such activities are permitted in section 30-633 of this Code.' the Wetland Buffer Strip, Section 3. That this ordinance vii Final Plats for all shall take effect upon publication subdivisions shall_provide an as provided by law, easement over all Wetlands and Passed and adopted by the City Wetland Buffer Strips for the Council of the City of Elk River' purposes of identification and this 19th day of June 2006. protection. Stephanie lGinzing B.Wetland Buffer Strip Setback Mayor' A minimum 20(twenty)foot set Attest: back from Wetland Buffer Strips' Joan Schmidt is hereby established by the City.' City Clerk No structure, principle or (Jy19) accessory,shall be located within this setback. Nature trails,at the City's approval, may be located within the Wetland Buffer Strip setback.