HomeMy WebLinkAboutinfo/construction near wetland � �
�g►o.� City of Orono
0 � 2750 Kelley Parkway
P.O. Box 66
� Crystal Bay, MN 55323
G� 952 249-4600
( )
��o�'� Fax: (952) 249-4616
CONSTRUCTION NEAR A WETLAND
Wetlands perform important environmental, aesthetic and hydrologic functions. In 2005
the City adopted regulations to ensure that wetlands continue to perform these functions
and to improve their functioning (City Code Sections 78-1601 through 1614). These
regulations require the creation and protection of buffers around wetlands when certain
construction or land alteration activities occur. These activities are:
Construction of a new house or a major remodeling that involves removal of more
than 50 percent of the structure and the portion removed is more than 50 percent of
the ma'rket value of the stru�ture.
OR
Construction or land alterations when all of these conditions exist;
a. The portion of the property disturbed by construction or land alteration activity
drains #o the wetland
b. The amount of grading exceeds 50 cubic yards or involves the disturbance of
more than 5,000 square feet.
c. There is a net increase in impervious surfaces that drain to the wetland, new
impervious surface is added closer to the wetland than existing impervious
surfaces, or there is a change in drainage patterns that the City Engineer
determines will increase the velocity or rate of runoff to the wetland.
The width of the buffer varies from 50 feet to 16.5 feet. A 20 foot setback from the
buffer is required for buildings and subsurface structures such as swimming pools.
If the wetland is on adjacent property but part of the buffer is on the property where
construction activity is occurring, then the buffer must be provided.
Even if the wetland buffer is not required, the buffer and buffer setbacks must be
observed.
Attachments:
A. Steps for Obtaining a Permit
B. Request for Wetland Buffer Evaluation
C. Sample Flowage and Conservation Easement and Restrictive Covenant
Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent
with provisions of the City Code,the Code provisions will prevail December,2007.
A. STEPS FOR OBTAINING A BUILDING OR GENERAL PERMIT ON PROPERTY
WITH A WETLAND OR NEAR A WETLAND
Before applying for the permit:
1. If you are uncertain if a wetland exists on or near the property, you may contact
Planning staff at 952-249-4620 or planningCcaci.orono.mn.us or you may view map
. online at www.ci.orono.mn.us (click maps on left hand menu on home page) or at -
City offices (call 952-249-4600 for office hours). You can also find out the width of
the buffer.
2. If there is a wetla�d, determine if your project meets the threshold for requiring a
buffer. If your project doesn't meet the threshold but will possibly place buildings and
structures within the buffer or buffer setback, contact Planning staff to determine if
wetland delineation is required. If you projecf ineets the threshold, you must obtain
a wetland delineation. A wetland delineation must be done by certified wetland
delineator. The City does not do delineations, nor does it recommend delineators.
The Board of Water and Soil Resources (BWSR) maintains a list at their web site
(httq://www.bwsr.state.mn.us). Many Surveyors/Civil Engineering firms employ
wetland delineators or have wetland delineators they work with.
3. Submit the wetland delineation to the Minnehaha Creek Watershed District for
approval. The delineator can provide information on this process.
4. Have the approved delineation mapped onto a survey of the property along with the
proposed construction. The surveyor should also provide a legal description of the
wetland and the buffer as well as a digital CAD or G1S file in Hennepin County
Coordinates.
5. Submit fin►o copies each of the delineation report, the letter of acceptance from the
MCWD, and the survey (with the legal descriptions and digital file) to Planning staff
along with a "Request for Wetland Buffer Evaluation" form. Planning staff will have
the City's wetland consultant review the delineation and make a site visit to evaluate
the current condition of the buffer. You will be provided with a copy of the
consultant's report and the Flowage and Conservation Easement and Restri�tive
Covenant. If improvements are required the report will indicate the amount of the
escrow required to guarantee the improvements and their initial survival and the
agreement will be enclosed
6. If buffer improvements are required, prepare a plan for the improvements. See the
code for more information.
At this point you may apply for a building permit or land use permit. Permit
applications will not be accepted before this point.
Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent
with provisions of the City Code,the Code provisions will prevail December,2007.
If improvements to the buffer are required submit (in addition to the normal
requirements for the permit):
a. Three copies of the buffer improvernent plan
b. An additional copy of the survey,
c. The Flowage And Conservation Easement And Restrictive Covenant, signed
by the property owners and mortgage company (if any). This will be recorded
by the City after the permit is issued. The owners will be provided with a copy
of the recorded document. �
d. The escrow agreement, signed by the property owners and the contractor, if
the contractor is posting the escrow. The escrow is due when the building
permit is issued.
If no improvements are required to the buffer, (in addition to the normal requirements for
the permit) submit the Flowage and Conservation Easement and Restrictive Covenant
signed by the property owners and mortgage company (if any). This will be recorded by
the City after the permit is issued. The owners will be provided with a copy of the
recorded document.
During Construction
Silt fence should be installed no closer to the wetland than the edge of the buffer.
Unless part of the approved buffer improvement plan the buffer should not be disturbed.
A stop work order may be issued if there is unauthorized disturbance of the
buffer.
Buffer improvements must be inspected by the City's wetland consultant before the final
Certificate of Occupancy is issued. This inspection must be scheduled through the
Planning Assistant at 952-249-4620. Allow at least five working days.
Every effort has been made to insure the accuracy of the information contained herein;however, if any information is not consistent
with provisions of the City Code,the Code provisions will prevail December,2007.
�o� City of Orono
� � 2750 Kelley Parkway
P.O. Box 66
� �� .,I,' � Crystal8ay, MN 55323
. G (952) 249 4600
��o�'�' Fax: (952) 249-4616
REQUEST FOR WETLAND BUFFER EVALUATION
Property Address:
Person Making Request:
This person is the:
❑ Property Owner ❑ Owner's Contractor/Consultant ❑Other
Company Name
Address
City Zip
Daytime Phone
Email
What work is planned?
Signature of person making request
Date:
Staff use only
Date received
❑ Two copies of delineation
❑ Two copies of survey
❑ Two copies of MCWD acceptance
Date sent to Bonestroo
Date report received
Date report forwarded to applicant
� �
C. Sampie Fiowage and Conservation Easement and Restrictive Covenant.
The actual document will be sent with the Wetland Consultants Report.
(reserved for recording information)
� � GRANT OF PERMANENT ���� � �
FLOWAGE AND CONSERVAT�N EASEM�N'����ND
; , ,
RESTRICTIVE C�OV��TANT
FOR WETLAND AN� �VE��A,� BU��'ER
INSTRUMENT made this � day cif , 2006, by and between
� and � husba�d�d wife;the Grantors, and the CITY OF ORONO, a
Minnesota municipal corporation("City").�� ���: : � ._.��_ �
„�
�.,�
WITNESSETH:
The Granto�;,ita� consideratian:of goa���d valuable consideration paid by the City, the
receipt and sufficieric�,�o��ich is here�y_acknowledged, hereby create and grant unto the City a
permanent flowage and cons��tion easez�i�nt for the purposes set forth in this instrument, over,
under, and across the (��tland,� �ve�Zand,buffer) (wetland and wetland buffer) as described in the �
legal desc,��'�on and site pl�:attached hereto as Exhibit A(the "easement premises").
.:�
'�ie Grantors on be�alf of themselves, their heirs, successors and assigns, hereby covenant
and agc�ee as fo�1Q�� ;��inc�ide those that are applicable: 1 or 2, or 1 and 2, 3a or 3b, 4, 5, 6, 7
and 8� �
� ;
1. That the�i�lowing aze prohibited in perpetuity within the wetland:
�� �onstructing, installing, or maintaining anything made by man, including
�� � �`'�but not limrted to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
125005 1
for tree disease control by or as directed by a governmental agency.
Grantors may remove brush, diseased or dead trees of any size, and
noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers,whether natural or chemical.
G. Application of chemicals for the destruction or retardation o�vegetation.
H. The application of herbicides, pesticides, and insec�icides, except for
noxious weed control by or as directed by a governmerital agency.
I. Outside storage of any kind.
J. Activity detrimental to the preserva�on of the scenic beaut�, vegetation,
and wildlife.
2. That the following are prohibited,in perpefuity with�#�he we��d buffer:
A. Constructing, installi�g,�"or maintau�ing anything�ade by man, including
but not limited �o bu��d�gs, s�cuctures, walk�vays, fences, fireplaces,� � �
clothes line pole���aygro�ui�quipment, roads or hardcover of any nature
whatsoever, exce�; �� �eeder��ird houses, and other devices intended to
foster wildlife, 2) �o�����r boa�dwalks when allowed by City ordinance
and unc�er a valid (�t ��
�y ��nrt; 3� retaining walls when allowed by City
ordina�u��d under�.valid�ry pe�rnit. ��
2�;.
B. Cutting, �.��?vi�g�� rer�ving s�irubs or other vegetation, and cutting or
removmg ti�e� grea�t���a four inches in diameter, except for tree disease
��`�ontrol by or a��lirected��3��a governmental agency. Grantors may remove
���_, �ru�,�diseased or�ad trees of any size, and noxious weeds.
r:��
� C. ��ccavation ar�illing��or material alteration of grade, including changes to
the�siz�, i�epth�o� contour of the wetland; dredging, mining or removal of
ea�;�oam, peat, gravel, soil or any other natural material.
D The�leposit of waste, yard waste, or debris.
:�: � �� ��Acxivit�'�detrimental to the screening of the neighboring properties.
�,,;<
F. A�plication of fertilizers,whether natural or chemical.
::,..
�x� ,�:�pplication of chemicals for the destruction or retardation of vegetation.
,�,.,;
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and vv�ldlife.
3a. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
feet in width at all points surrounding the wetland and as shown in Exhibit A,
izsoos 2
shall be established and improved to become an "aeceptable buffer area" as
described within City Ordinances, and sha11 thereafter be maintained by Grantors in
perpetuity free from mowing or other vegetative disturbance, fertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
buffering flows into the wetland.
3b. Maintenance of Wetland Buffer. The wetland buffer, measuring feet in width
at a11 points surrounding the wetland and as shown in E�iibit A, sha11 be maintained
by Grantors in perpetuity as an "acceptable buffer area" as described within City
Ordinances, free from mowing or other vegetative disturbanc��;;�ertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer m protecting the quality of water in the wetland or
buffering flows into the wetland.
4. Crrantors for themselves, their heirs, successors and assig�s, furtl�er grant the City �� �
the affirmative right, but not the obligation to do the fo�a�ng on the e,�sement
�„
premises:
A. Preserve, improve, and enhance the,�slope, trees, veget�r�n,��and natural
habita.t by altering, cleaxing� a.nd rernoving trees or other��vegetation, by
changing the contour of th��a�ti, a.�d by p�anting trees�other vegetation.
B. Enter upon the easemet��premises a�;,any time to enforce compliance with
the terms of this instrui�ent.
5. Grantors reserve for th��i's�lves"a� ��their heirs, successors and assigns and
their invitees,the right to�n#e�,upon�easement premises and to do and perform
on the easement premise� s�t��,,;acts as �re not inconsistent with the easement
rights granted tQ_the City her�in '.��ch use�,shall be deemed to include, but not be
limited to p��#��t� of trees�,flo��vee�s, and` other vegetation consistent with a
conservation e���i�i��wallcin�a along�cails and paths; bird watching; the study of
nature; and all othe��acts o��sim�lar nature or purpose.
\v\ ift, urt�c�aim and conve to the cit , a e etual flowa e
6. Grantars l�ereby grant, g q y y p rp g
easem��f��a�d�ight and p��ilege to trespass with water over and upon any or all
of the �asement Premises.` ::<
7. Grantor(s)herei�do�liereby remiss, release, acquit and forever discharge, forever,
���ie City an�;`any and all of its officers and employees of and from any and a11
claims, deri�a�d or causes of action of any kind or nature whatsoever which may
, ,s��' accru� by virtue of any flowage or trespass with water withir� terms of
.��ese agreements.
� �� �,,
8.������ �� Crrantor(s�,�do not intend that the public should have any interest in the above land
b�virtue°of this indenture or otherwise, except as heremabove set forth.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
125005 3
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged befor���ine this ,e������'�� day of
, 2006, by and , , h�laand and wife, the
Grantors.
� �;..
�p'i`�RY'�UBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
. 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
125005 4
, ,
MORTGAGE HOLDER
CONSENT TO EASEMENT
, which holds mortgages on all or part of the property more
particularly described in the foregoing Grant of Conservation Easement, which mortgages are
dated , and recorded as Document No. of the
County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby jo��>in, consents, and is
subject to the foregoing Grant of Conservation Easement.
BY:
I�s
A1�D
Its
STATE OF MINNESOTA )
�ss.
COUNTY OF ) �
The foregoing instrumen# was ,acknowledged before me this day of
�=°�: , 2006, by , and by
` .: the and
� � ����f , on its behalf.
NOTARY PUBLIC
DRAFTEI2:B31, .
Campbell�Kriutson�� � � � � �� �
Professiorral Association
317 Eagandale Offce Centex
1380 Corporate Cenfer Curve'
Eagan,Minnesota 55�121�
Telephone:(651)452-5000
MKB
125oos 5
EXHIBIT A
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND:
:�
WETLAND BUFFER.
i2soos 6
(Attach Survey)
�"
:�
�,
�
�..�:.: , .2�.
125005 '7
ARTIC�,E XI. WETLANDS PROTECTION Page 1 of 12
ARTICLE XI. WETLANDS PROTECTION
DIVISION 1. GENERALLY
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'redevelopmenY 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
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ARTICLE XI. WETLANDS PROTECTION Pa�e 2 of 12
impervious surfaces that drain to the wetland, or results in the relocation of
impervious surfaces 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 wetiand.
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
property but near enough to the subject property so that buffers to said wetland would
extend into the subject property, the buffer requirements apply.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 2. DESIGNATION OF PROTECTED WETLANDS
Sec. 78-1602. Wetland types.
The wetlands protected and regulated by this section are types 1, 2, 3, 4, 5, 6, 7, and 8
wetlands, as defined in circular 39, "Wetlands of the United States", 1971 edition, United States
Department of the interior, unless the wetland is within a shoreland district in which case the more
restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows:
(1) Type 1--Seasonally flooded basins or floodplains: Type 1 wetlands are seasonally
flooded basins or flats in which soil is covered with water or is waterlogged during
variable seasonal periods but usually is well-drained during much of the growing season.
Type 1 wetlands are located in depressions and in overflow bottom lands along water
courses. Vegetation varies greatly according to the season and duration of the flooding,
and includes bottom land hardwoods, as well as herbaceous plants.
(2) Type 2--Inland fresh meadow: Occurs along the shallow edges of lakes, marshes
and floodplains, or in perched depressions. The soil is usually without standing water
during much of the growing season, but is waterlogged within at least a few inches of the
surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants.
(3) Type 3--In/and shallow fresh marsh: Soil is usually water logged during the growing
season, often covered with as much as six inches or more of water. Vegetation includes
grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic
vegetation.
(4) Type 4--lnland deep fresh marsh: Soil covered with six inches to three feet or more
of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild
rice. Open water areas may contain pondweeds, naiads, coontail, water milfoils and
other submergent aquatic vegetation.
(5) Type S--Inland open fresh water. Water is usually less than ten feet deep and is
fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads,
coontail, water milfoils and other submergent aquatic vegetation.
(6) Type 6--Shrub swamp: Occurs along sluggish streams or on floodplains. The soit is
usually waterlogged during the growing season, and is often covered with as much as
six inches of water. Vegetation includes alder, willow and dogwood.
(7) Type 7--Wooded swamp: Occurs along siuggish streams, on floodplains, on flat
perched depressions and in shallow lake basins. The soil is waterlogged to within a few
inches of its surface during the growing season and is often covered with as much as
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ARTIC�.E XI. WETLANDS PROTECTION Page 3 of 12
one foot of water. Vegetation typical to this wetland includes tamarack, white cedar,
black spruce, balsam fir, red maple and black ash.
(8) Type 8--Bog: Occurs along sluggish streams, on flat perched depressions and
shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses.
Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and
sedges. Minnesota bogs contain leatherleaf, Labrador tea, cranberries and pitcher
plants. Scattered stunted black spruce and tamarack also are common features of bogs.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1603. Boundaries of the wetland overlay districts and designation of official city
wetland map.
This section establishes wetland overlay districts. These districts are subject to additional
requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are
identified graphically on the official city wetland map (CWM) which is hereby adopted by reference, a
copy of which shall be kept on file in the office of the city clerk and shall be available for public review
during afl normal office hours. Wetlands in addition to those shown on the city wetland map may exist,
and may be identified by wetland delineations under WCA rules. If a specific wetland delineation has
been done under WCA rules, then the boundaries of the wetland overlay district for that location will be
as shown in the delineation. The city may require wetland delineations to determine compliance with
WCA rules and to determine administrative wetland boundaries; however, property owners may have
wetland delineations done for their properties on their own initiative. The delineation must be done by a
qualifiedprofessional according to WCA rules and be acceptable to the planning director, who may
require review by city consultants or a technical evaluation panel if necessary. Approved WCA wetland
delineations must be provided to the city in a hard copy format and a CAD or GIS format in Hennepin
County coordinates. The planning director will have the approved WCA wetland delineations shown on
the official city wetland map. Public waters are not included in the overlay district, unless a wetland is
part of a public water.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1604. Interpretation of wetlands boundaries.
Whenever a wetland boundary is disputed or uncertain, the planning director may require the
submission of a registered survey of the property and field staking showing the city-designated wetland
contour or a delineation of the wetland, and such other information as the director may require in order
to resolve the dispute or uncertainty. The planning director may require review by city consultants or a
technical evaluation panel if necessary. No boundary change may be authorized on the basis of fill that
was placed on the site after the city designated the area as part of the wetland overlay district. Persons
aggrieved by a decision of the planning director may appeal such decision in accordance with the
provisions of section 78-99 of this chapter and the WCA rules.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 3. BUFFER AREAS
Sec. 78-1605. Wetland buffer areas.
(a) This subsection establishes requirements for wetland buffer areas around protected
wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer
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ARTICT.E XI. WETLANDS PROTECTION Page 4 of 12
areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other
nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity
and health of a wetland environment while reducing the adverse impacts of human activities.
(b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the
wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist
of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured
in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not
allowed unless the city has issued a permit for such activity in conjunction with an approved
buffer management plan.
(1) Acceptable buffer areas shall have the following qualities:
a. A continuous dense layer of perennial grasses that have been uncultivated or
unbroken for at least ten consecutive years, or
b. An over story of trees and/or shrubs with at least 80 percent canopy closure
that have been uncultivated or unbroken for at least ten consecutive years, or
c. A mixture of the plant communities described in a. and b. above, which have
been uncultivated or unbroken for at least ten consecutive years.
(2) Unacceptable buffer areas have the following qualities, including but not limited to:
a. Undesirable plant species (including but not limited to reed canary grass,
common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or
b. Lacking a layer of organic thatch or duff, or
c. Topography which tends to channelize the flow of surface runoff, or
d. Is characteristically unlikely to retain nutrients and sediment.
(3) Buffer areas which have been broken or cultivated within the past ten consecutive
years must be restored to a condition consistent with an acceptable buffer area defined
in section 78-1605(b)(1), a restoration or landscape plan must be submitted to the
planning director, which restoration shall include, replanting and maintaining according
to each of the following guidelines:
a. Buffer areas shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one-time planting of an annual nurse
or cover crop such as oats or rye.
b. The seed mix to be used shall consist of at least 12 pounds pure live seed
(PLS) per acre of native prairie grass seed and five pounds PLS per acre of
native forbs. Native prairie grass and native forb mixes shall contain no fewer
than four and five species respectively.
c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per
acre.
d. Native shrubs and or trees may be used in addition to forbs and grasses.
Shrubs shall be distributed so as to provide a natural appearance and shall not
be planted in rows.
e. Native prairie grasses and forbs shall be planted by a qualified contractor.
f. No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites when deemed necessary to establish acceptable buffer
vegetation and then limited to amounts indicated by an accredited soil testing
laboratory.
g. All seeded areas shall be mulched immediately with clean straw at a rate of
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one and one-half tons per acre. Mulch shall be anchored with a disk or tackifier.
h. Buffer areas (both natural and created), shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is
established, and at that time the fence shall be removed.
(c) Buffer area widths will be based on the wetland protection strategies established in the
Orono Surface Water Management Plan (SWMP) (December 2002). A protection classification
has been assigned to each wetland in Orono based on the stormwater susceptibility and
functionat assessment for each wetland. The four protection classifications are described as
follows:
TABLE INSET:
Protection Susceptibility
Ctassification Rating Description
Highly Highly susceptible to both quantity and quality impacts from
"Preserve" Susceptible runoff; have the highest degree of protection
Moderately Moderately susceptible to quantity and quality impacts;
"Manage 1" Susceptible protection is less stringent than Preserve, provides
protection to maintain their characteristics
Slightly Less stringent protection than Manage 1 wetlands;
"Manage 2" Susceptible maintenance of characteristics is desirable
Least Wetlands are significantly degraded (e.g., cultivated or
"Manage 3" Susceptible canary grass monotype) or lack of wetland characteristics;
not typically impacted by runoff; no quantity and only limited
quality treatment of runoff is required
The protection classification for each wetland will be found on the "Wetland Management
Classification Map & List" which is hereby adopted by reference, a copy of which shall be kept
on file in the office of the city clerk and shall be availabfe for public review during all normat
office hours. The following are the required buffer area widths for each protection classification:
TABLE INSET:
Width of
Buffer
Protection Area Additional Protection Requirements
Classification from (B = Bounce = Change in water level due to runoff event)
Wetland (P = Phosphorus)
Boundary
B: Maintain bounce at or below existing conditions
"Preserve" 50 feet P: Limit loadings to predevelopment loading (0.14
Lbs./Ac/Yr)
B: Maintain bounce at or below existing conditions plus 0.5
"Manage 1" 35 feet foot
P: Limit loadings to predevelopment loadings times 2 (0.28
Lbs/Ac/Yr)
B: Maintain bounce at or below existing conditions plus 1.0
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ARTICLE XI. WETLANDS PROTECTION Page 6 of 12
foot
"Manage 2" 25 feet P: Limit concentration to predevelopment concentrations
(200 ppb)
"Manage 3" 16.5 feet B� No quantity requirement
P: Limit concentration to 225 ppb
(d) In cases of new development or redevelopment the city shall require that vegetation in the
wetland buffer be installed prior to the issuance of the certificate of occupancy. The city may
waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost
to install the required buffer.
(e) The city may allow the disturbance of an existing buffer area during the course of
construction activity. This disturbance must be kept to a minimum, soils must be decompacted
to a level that will accommodate root growth, and the buffer area must be re-established as
required by the city. The city will determine the amount of allowable disturbance. The city may
require a cash escrow or letter of credit equal to 150 percent of the cost to re-establish the
buffer to its original condition.
(fl The city may require buffer area planting and maintenance when the city determines that
there is inadequate vegetation in the buffer area to meet the intent of this section. The city may
require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the
vegetation and installation. The escrow or letter of credit must be valid for up to two years and
may be used by the city to replace any vegetation that dies.
(g) The affected property owner or homeowner association that is responsible for the
maintenance must:
(1) Maintain and repair damage to buffer areas from such activities as mowing, cutting,
grading or other prohibited activities, unless mowing is approved by the city as a buffer
management plan. Permission must be obtained from the city before implementing
buffer management plans, which may include mowing, burning, and the use of
herbicides.
(2) Maintain only the permitted vegetation in the buffer area and must remove all
noxious weeds and invasive, non-native species such as European buckthorn, upon
obtaining a vegetation removal permit from the city in conjunction with an approved
buffer management plan.
(3) Ensure that all soil surfaces in the buffer area are planted with the permitted
vegetation and that there is no open soil surface that may result in erosion.
(4) Ensure that livestock or other domesticated animals which have the potential to
permanently disturb the buffer area by compaction or vegetation removal be kept from
entering the buffer area and wetland by a fence or other suitable means.
(h) The final upslope edge of the buffer shall be provided to the city in a hard copy and in a
CAD or GIS format in Hennepin County coordinates.
(i) Golf course partial exemption. Public and private golf courses existing and in operation on
the date of adoption of this article shall be allowed a partial exemption from buffer creation and
maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject
to golf play, subject to the following:
(1) At such time that this article requires establishment of a buffer, applicant shall
submit a certificate of survey identifying the location, size and type of the wetland for
which buffer exemption is requested.
(2) Applicant shall submit a buffer management plan for city council approval,
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identifying those areas where exemption is requested and providing for alternative
methods of wetland protection equivalent to an unmowed buffer.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 4. USES
Sec. 78-1606. Permitted uses.
(a) Within the wetland overlay districts no land may be used except for one or more of the
following uses:
(1) Native wetland vegetation, provided that no change is made to the ground
elevation;
(2) Wildlife and nature preserves;
(3) Overhead utility lines and poles that are less than two feet in diameter;
(4) Docks which provide reasonable access to the lakeshore and do not exceed eight
feet in width;
(5) Public and private flood control structures, ponding and drainage facilities and
associated accessory appurtenances as approved by the city; or
(6) Environmental monitoring or control facilities, including those related to water quality
and wildlife regulation.
(b) Within wetland buffer areas no land may be used except for one or more of the following
uses:
(1) Native vegetation, provided that no change is made to the ground elevation;
(2) Wildlife and nature preserves;
(3) Boardwalks, docks or other reasonable access to the wetland not exceeding eight
feet in width, poles that are less than two feet in diameter to be used for boardwalks and
bridges;
(4) Public and private flood control structures, ponding and drainage facilities and
associated accessory appurtenances as approved by the city;
(5) Environmental monitoring or control facilities, including those related to water quality
and wildlife regulation;
(6) Overhead utility poles and lines that are less then two feet in diameter, under-
ground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory
signs, mailboxes and other equipment that provides an essential public service;
(7) Retaining walls if the city determines that the retaining wall will protect the wetland
from conditions of erosion, when approved as part of a wetland permit application.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1607. Conditional uses.
(a) Within the wetland overlay districts and the wetland buffer areas no land may be used for
the following except by conditional use permit and except in conformance with the standards
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ARTICLE XI. WETLANDS PROTECTION Page 8 of 12
specified in section 78-1608 of this article:
(1) Private and public recreational uses, including golf courses, impervious trails, picnic
grounds and boat ramps;
(2) Public utilities, including necessary structures;
(3) Other non-structural facilities similar to those permitted by this section which also
meet the intent of this section, as determined by the city; or
(4) Public structures associated with recreational uses permitted by this section or by
section 78-1606 of this section that are designed in an environmentally sensitive manner
and will withstand periodic flooding, except for structures designed or used for habitation
or the storage of equipment.
(5) Unpaved hiking, skiing and horseback riding trails which comply with WCA
standards.
(b) No conditional use permit will be granted unless its approval will not adversely impact
wetlands, the wetland buffer area, and surrounding properties, the intent of this article or the
goals and policies of the community management plan. If applicable, granting of a conditional
use permit will be conditioned upon approval of the request by all other appropriate regufatory
governmental agencies, including but not limited to the Minnehaha Creek Watershed District
(MCWD), the Lake Minnetonka Conservation District (LMCD), or the Minnesota Department of
Natural Resources.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 5. STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS
AND NEIGHBORING LANDS
Sec. 78-1608. Standards.
The following standards apply to all land within the wetland overlay districts, wetland buffer
areas, and to neighboring lands:
(1) Protection of wetlands and wet/and buffer areas.
a. Except as modified or regulated by the standards of this subsection, all
requirements of the undertying zoning district apply.
b. No structures are allowed in the wetland overlay districts, or wetland buffer
area except those allowed as of right or by conditional use permit by sections 78-
1606 or 78-1607 of this article.
c. Activities including, but not limited to, building (other than a boardwalk or
dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal
or fertilizer application are prohibited, except that certain such activities may be
permitted when approved by the city as a buffer management plan. Invasive non-
native vegetation, such as European buckthorn and noxious weeds, may be
removed by obtaining a vegetation removal permit from the city.
d. Before grading or construction near a wetland overlay district or buffer area,
the owner or contractor must place erosion control fencing on the upland side of
the perimeter of the wetland overlay district or wetland buffer area, which ever is
more restrictive, or as required by the city. This fencing must remain in place until
all development activities that may affect the wetland and the wetland buffer area
have been finished and adequate vegetative cover has been established at
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ARTICLE XI. WETLANDS PROTECTION Page 9 of 12
which time the fencing must be removed.
e. All structures must have a minimum basement floor elevation not less than
one foot above the 100-year flood elevation.
f. All hard-surface runoff must be treated in accordance with the requirements of
the city and the appropriate watershed district. Treatment may include site
retention, skimmers, weirs or sedimentation ponds of appropriate scale.
Structures and ponds serving this purpose must be properly maintained and
serviced by the property owner.
g. Discharge into the wetlands must occur at a rate no greater than allowed by
the city engineer in accordance with the city's surface water management plan
and the appropriate MCWD requirements.
(2) Setbacks.
a. All buildings (principal and accessory), must be setback at least 20 feet from
the upslope edge of the wetland buffer. Exceptions: Play structures (including
sport court type structures), grade-level decks, patio slabs, driveways, sidewalks
and parking lots.
b. A setback from the buffer area is not required for overhead utility poles and
lines that are less than two feet in diameter, underground utility lines and
distribution equipment, light poles, traffic signals, traffic regulatory signs,
mailboxes, entrance monuments meeting section 78-1405(8) and other
equipment that provides an essential public service.
c. A setback from the buffer area is not required for fences or retaining walls.
(3) Nonconformities.
a. Effect of wetland boundary expansion. An existing structure, driveway or
parking area meeting the required setback from a city-designated wetland
boundary or buffer area is considered a legal nonconforming development if a
later wetland delineation or implementation of a wetland buffer shows that the
wetland or its buffer is closer than the required setback.
b. Existing nonconformities. An existing structure, driveway or parking area that
does not meet the required setback from a city-designated wetland boundary or
buffer area, is considered a legal nonconforming development.
c. Avoiding future nonconformities. In order to avoid the creation of future
nonconformities, in situations where development, redevelopment or construction
activity does not trigger the establishment of a buffer, the following setbacks shall
apply:
1. All new buildings shall maintain a setback from a delineated wetland
boundary equivalent to the width of the buffer area per the chart in section
78-1605(c) plus the required 20 foot buffer setback.
2. All new non-structural impervious surfaces and those structures listed
as exceptions in section 78-1608(2)(a) above shall maintain a setback
from the delineated wetland boundary equivalent to the width of the buffer
area per the chart in [section] 78-1605(c).
d. Buffer f/exibility. Where existing structures or surfaces are located within an
area that would be required for establishment of a buffer under this article,
alternative methods of wetland protection may be approved by the city council to
avoid creating unreasonable impacts on the existing use of a property. Such
methods may include but are not limited to buffer width averaging, redirection of
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ARTICLE XL WETLANDS PROTECTION Page 10 of 12
drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain
barrels, etc.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1609. Removal of lands from the wetlands overlay district.
(a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) requires a zoning
amendment and an amendment of the o�cial city wetland map. The amendments must be
made pursuant to the provisions of section 78-43 of this chapter and WCA replacement rules.
These amendments must be consistent with the purpose of this article, the city's surFace water
management plan and the goals and policies of the community management plan. In
determining the appropriateness of a rezoning request, the city council will consider the size of
the wetland overlay district, the magnitude of the area proposed for removal, hydrological and
ecological effects and the type and function of wetlands involved in order to provide the
maximum feasible protection.
(b) Wettands within an overlay district may only be removed according to WCA rules and if at
least an equal area of wetland replacement is created to compensate for the wetland being
filled. Unless otherwise approved by the city council, compensatory wetland area must be
provided within Orono and within the same subwatershed (Painter's Creek, Long Lake Creek,
Classen Creek, Lake Minnetonka) as the wetland being altered, if available.
(c) In addition to application requirements, the city may require submission and approval of the
following information:
(1) A copy of the wetland replacement plan application submitted to the MCWD;
(2) A concept plan showing the ultimate use of the property;
(3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County
coordinates, with appropriate drainage calculations and erosion controls prepared by a
registered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the
proposed permit; and
(6) A MnRAM assessment approved by the MCWD.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1610. Alteration of wetlands.
(a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without
a wetlands alteration permit, subject to recommendation by the planning commission and
approval of the city council. The planning commission must hold a public hearing after notifying
the property owners within 350 feet of the property on which the proposed alteration will occur.
Activities that constitute an alteration regulated by this section include changes to the size,
depth or contour of the wetlands or itsbuffer, dredging, or alterations of wetlands or buffer
vegetation. Alterations do not include wetland planting or the selective clearing or pruning of
trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland
alteration permit is not required when a wetland district is rezoned to another zoning
classification.
(b) Alteration of land within a wetland overlay district will only be allowed if water storage is
provided in an amount compensatory to that removed. Unless otherwise approved by the city
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council, compensatory wetland area must be provided within the same subwatershed district as
the wetland being altered. In determining the appropriateness of an alteration request, the city
council will consider the size of the total wetland district, the magnitude of the area proposed for
alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands
invotved, and such other factors as may be appropriate in order to provide the maximum
feasible protection to the wetlands. Application for a wetlands alteration permit must be
accompanied by such information as required by the city, including:
(1) A copy of the wetland replacement plan application submitted to the MCWD;
(2) A concept plan showing the ultimate use of the property;
(3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County
coordinates, with appropriate drainage calculations and erosion controls prepared by a
registered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the
proposed permit; and
(6) A MnRAM assessment approved by the MCWD.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1611. Public control of wetlands.
(a) The city council may require that the owner of any property affected by this article must
establish wetland and buffer area easements or restrictive covenants to be recorded within the
property's chain of title. These easements or covenants must describe the boundaries of the
wetland and buffer area; document the obligations of the property owner with regards to the
wetland buffer; and prohibit any building, paving, mowing (unless approved as a buffer
management plan), cutting, filling, dumping, yard wastedisposal or fertilizer application within
the wetland and the buffer area. The owner or developer must record these easements or
covenants.with the final plat, with deeds from a lot division or, if no subdivision is involved,
before the city issues a grading permit or building permit for an affected property. The applicant
must submit evidence that the easement or covenant has been submitted to the county for
recording.
(b) If the city council does not require an easement or covenant, the city may record a notice of
the wetland and buffer area requirements against the property. The property owner must still
comply with the requirements of this section.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1612. Wetland buffer markers.
When new development or redevelopment results in multifamily residential or a business use,
the developer must place markers at the upland boundary of the wetland buffer edge at �east every 200
feet, subject to city approval. The developer must submit a location plan in hard copy format and a CAD
or GIS format in Hennepin County coordinates and must use uniform markers provided by the city. The
city will charge a reasonable cost for the markers and approve the location of the markers prior to
installation.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
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ARTICLE XI. WETLANDS PROTECTION Page 12 of 12
Sec. 78-1613. Violations.
Violation of the provisions of this article or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1614. Authority/enforcement actions.
Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to:
(1) In responding to a suspected article violation, the planning director and the city may
utitize the full array of enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after-the-fact permits, and/or orders for corrective
measures to the guilty party.
(2) When an article violation is either discovered by or brought to the attention of the
planning director, the planning director shall immediately investigate the situation and
document the nature and extent of the violation of the official control. As soon as is
reasonably possible, this information will be submitted to the MCWD along with the
community's plan of action to correct the violation to the degree possible.
(3) The planning director shall notify the suspected party of the requirements of this
article and all other official controls and the nature and e�ent of the suspected violation
of these controls. If the structure and/or use is under construction or development, the
planning director may order the construction or development immediately halted until a
proper permit or approval is granted by the community. If the construction or
development is already completed, then the planning director may either: (1) issuean
order identifying the corrective actions that must be made within a specified time period
to bring the use or structure into compliance with the official controls; or (2) notify the
responsible party to apply for an after-the-fact permiUdevelopment approval within a
specified period of time not to exceed 30-days.
(4) If the responsible party does not appropriately respond to the planning director
within the specified period of time, each additional day that lapses shall constitute an
additional violation of this article and shall be prosecuted accordingly. The planning
director shall also upon the lapse of the specified response period notify the landowner
to restore the land to the condition which existed prior to the violation of this article.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
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