04-16-2013 - Request for council action

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Council ARTICLE XI.-WETLANDS PROTECTION DIVISION 1. -GENERALLY Exhibit I DIVISION 2. - DESIGNATION OF PROTECTED WETLANDS DIVISION 3. - BUFFER AREAS DIVISION 4. - USES DIVISION 5. -STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS DIVISION 1. -GENERALLY Sec. 78-1601. - Purpose and intent. Sec. 78-1601. - Purpose and intent. (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the environmental protection plan within the community management plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The surface water management plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This article applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around, a protected wetland located partially within, wholly within, or directly adjacent to the property in the following situations: (1) When the wetland is required to be replaced or restored, or when the wetland is being altered; (2) When new development occurs. For purposes of this subsection, new development means: a. Any subdivision that creates a new lot that has no principal structure on it; b. Construction of a principal structure on an existing vacant parcel of land; (3) When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; (4) When any construction or land alteration activity that does not fall within the meaning of "redevelopment" has the potential to adversely impact a wetland. For purposes of this section, "the potential to adversely impact a wetland" exists when all of the following three conditions exist: a. The portion of the property disturbed by construction or land alteration activity drains to the wetland; and b. The amount of grading exceeds 50 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and c. The redevelopment activity results in a net increase in the square footage of hardcover that drains to the wetland, or results in the relocation of hardcover closer to the wetland, or results in changes to drainage patterns (slopes, meander patterns, etc.) that the city engineer determines will increase the velocity or rate of runoff to the wetland. For new development, all wetlands on the property shall be subject to the buffer requirements. For redevelopment or other grading or construction situations that are not new development, only the wetland that is potentially adversely impacted shall be subject to the buffer requirement. In the event that the wetland is on an adjacent