HomeMy WebLinkAboutOrd #028-3rd Ser/Amending code re: wetlands management ! '
ORDINANCE NO 28 ,THIRD SERIES
AN ORDINANCE AMENDING CHAPTER 78 OF
THE ORONO MUNICIPAL CODE
BY ADDING NEW SECTIONS 78-1601 THROUGH 78-1614
AND BY AMENDING SECTIONS 78-1; 78-228(13); 78-253(13);
78-303(13); 78-328(12); 78-348(13); 78-367(13);
78-394(9); 78-419(9); 78-443(9); 78-563(c)(6); 78-565(6);
78-568; 78-570; 78-1211; AND 78-1286
REGARDING WETLANDS MANAGEMENT
The City Council of Orono, Minnesota ordains as follows:
SECTION 1. The Orono Zoning Code, Chapter 78 of the Orono Municipal Code, is
hereby amended by adding Article XI, Sections 78-1601 through 78-1614, to read as
follows:
"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 ma�cimum 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.
Page 1 of 22
, •
(c) This ordinance 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
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 wetland.
Page 2 of 22
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
subj ect property,the buffer requirements apply.
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 Inland 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 Inland 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, coonta.il,water milfoils and other submergent aquatic vegetation.
Page 3 of 22
(5) Type S Inland Open Fresh Water: Water is usually less than 10 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 soil 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 sluggish 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 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.
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 a11 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 qualified
professional 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.
- Page 4 of 22
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 azea 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 ordinance and the
WCA rules.
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 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 (10) consecutive years, or
b. An over story of trees and/or shrubs with at least eighty (80%)
percent canopy closure that have been uncultivated or unbroken for
at least ten(10) 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 (10)
consecutive years.
Page 5 of 22
(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 (10)
consecutive years must be restored to a condition consistent with an
accepta.ble 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 one
hundred(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 twelve (12)pounds
pure live seed (PLS) per acre of native prairie grass seed and five
(5) pounds PLS per acre of native forbs. Native prairie grass and
native forb mixes shall contain no fewer than four (4) and five (5)
species respectively.
c. The annual nurse or cover crop shall be applied at a rate of twenty
(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
accepta.ble buffer vegetation and then limited to amounts indicated
by an accredited soil testing laboratory.
Page 6 of 22
g. All seeded areas shall be mulched immediately with clean straw at
a rate of one and one half (1 %2 ) 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 functional assessment for each wetland. The four
Protection Classifications are described as follows:
Protection Susceptibility Description
Classification Ratin
Highly Highly susceptible to both quantity and quality impacts
"Preserve" Susce tible from runoff;have the hi est de ee of rotection
Moderately Moderatley susceptible to quantity and quality impacts;
"Manage 1" Susceptible protection is less stringent than Preserve,provides
rotection to maintain their characteristics
"Manage 2" Slightly Less stringent protection than Manage 1 wetlands;
Susce tible 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 uali treatment of runoff is re uired
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 available for public
review during all normal office hours. The following are the required buffer area widths
for each Protection Classification:
Width of Buffer Additional Protection Requirements
Protection Area from (B=Bounce=change in water level due to runoff event)
Classification Wetland (P=Phosphorus)
Bound
"Preserve" 50 feet B:Maintain bounce at or below existing conditions
P:Limit loadin s to redevelo ment loadin (0.14 Lbs./Ac/Yr)
"Manage 1" 35 feet B:Maintain bounce at or below existing conditions plus 0.5 foot
P:Limit loadings to predevelopment loadings times 2
(0.28 Lbs/Ac/Yr)
"Manage 2" 25 feet B: Maintain bounce at or belowexisting conditions plus 1.0 foot
P:Limit concentration to predevelopment concentrations(200
b)
"Manage 3" 16.5 feet B:No quantity requirement
P: Limit concentration to 225 b
Page 7 of 22
, •
(d) In cases of new development or redevelopment the City shall require that
vegeta.tion 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-esta.blish the buffer to its original condition.
(� 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.
Page 8 of 22
(i) Golf course partial exemption. Public and private golf courses existing
and in operation on the date of adoption of this ordinance 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 ordinance 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, identifying those areas where exemption is requested and
providing for alternative methods of wetland protection equivalent to
an unmowed buffer.
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
8' 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;
Page 9 of 22
(2) Wildlife and nature preserves;
(3) Boardwalks, docks or other reasonable access to the wetland not
exceeding 8' 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.
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 specified in Section 78-1608 of this section:
(1) Private and public recreational uses, including golf courses, impervious
trails,picnic grounds and boat ramps;
(2) Public utilities, including necessaxy 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.
Page 10 of 22
(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 ordinance 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 regulatory 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.
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 wetland buffer areas.
a. Except as modified or regulated by the standards of this subsection,
all requirements of the underlying 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
Ordinance.
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 which time the fencing must be removed.
Page 11 of 22
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 set back 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.
Page 12 of 22
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' 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 78-1605(c).
d. Buffer Flexibility. Where existing structures or surfaces are located
within an area that would be required for esta.blishment of a buffer
under this ordinance, 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 drainage to an area where buffer is feasible, use of
rain gardens, cisterns or rain barrels, etc.
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 official City Wetland Map. The
amendments must be made pursuant to the provisions of Section 78-43 of this ordinance
and WCA replacement rules. These amendments must be consistent with the purpose of
this ordinance, 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 maa�imum feasible
protection.
(b) Wetlands within an overlay district may only be removed according to
WCA rules and if at least an equal axea 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.
Page 13 of 22
(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.
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
its buffer, 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 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 involved, and such
other factors as may be appropriate in order to provide the m�imum 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;
Page 14 of 22
(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.
Sec. 78-1611 Public Control of Wetlands.
(a) The City Council may require that the owner of any property affected by
this ordinance 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
waste disposal 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.
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 least every two hundred 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.
Page 15 of 22
Sec. 78-1613 Violations
Violation of the provisions of this Ordinance 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 sha11 be
punishable as defined by law.
Sec. 78-1614 Authority/Enforcement Actions
Nothing herein contained shall prevent the City of Orono 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 Ordinance violation, the Planning Director
and the City of Orono may utilize 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 Ordinance 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 parly of the requirements
of this Ordinance and all other official controls and the nature and extent
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) issue an
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 permit/development 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 Ordinance 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 Ordinance.
Page 16 of 22
SECTION 2. Municipal Zoning Code Section 78-1 is hereby amended by amending the
definition of Lot Area as follows:
"Lot area means the area of a lot in a horizontal plane bounded by the lot lines,
but not including any area occupied by the waters of a duly recorded lake or river
or �µ�.o,,,,o„��.,,�ao,...:��o,..,,,��_� �__.�., _.. _ .:w+_==��-��= a-�;,,;,,,, �.:,.�,o.. �,,.,a
=z�=____� """b'.�b"�' '».�...
e�����e�e�gex�t� g�cr�� wetland ar area which has been
dedicated as public right-of-way."
SECTION 3. Municipal Zoning Code Section 78-228(13) is hereby amended as follows:
"(13) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shallnot include '�••� '����� ,�Ma� , ��'�,� �r ���*"r� � R wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 4. Municipal Zoning Code Section 78-253(13) is hereby amended as follows:
"(13) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include '���° '����R ,��a� , ��'�'� �r ���*„r� � �- wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
Page 17 of 22
SECTION 5. Municipal Zoning Code Section 78-303(13) is hereby amended as follows:
"(13) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 6. Municipal Zoning Code Section 78-328(12) is hereby amended as follows:
"(12) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include �v•� '�����- ,��a� , ��'�'� �r���*"�� � � wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 7. Municipal Zoning Code Section 78-348(13) is hereby amended as follows:
"(13) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
Page 18 of 22
SECTION 8. Municipal Zoning Code Section 78-367(13) is hereby amended as follows:
"(13) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 9. Municipal Zoning Code Section 78-394(9) is hereby amended as follows:
"(9) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include .:,•�, '•,:�� '��a� , ���'� �-�r��*„r� � �- wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 10. Municipal Zoning Code Section 78-419(9) is hereby amended as follows:
"(9) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include ����� '���„� '��a� , ��'�'� �Y--��*„M� � � wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
Page 19 of 22
SECTION 11. Municipal Zoning Code Section 78-443(9) is hereby amended as follows:
"(9) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include '�=�, '�,;�R ,��a� , ���,� �r r��*"r� � ^ wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 12. Municipal Zoning Code Section 78-563(c)(6) is hereby amended as
follows:
"(6) There shall be no setback exceptions permitted for any horizontal
building addition or hard cover increase of any kind within 75 feet of the
shoreline or within ''� ��* �� ���� --��*'��a a required wetland bu er or
buffer setback."
SECTION 13. Municipal Zoning Code Section 78-565(6) is hereby amended as follows:
"(6) The keeping of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal building,
must be available for each animal unit, except as set forth in this
subsection. A minimum of two acres of open pasture must be available for
a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require
pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 14. Municipal Zoning Code Section 78-568, first sentence, is hereby
amended as follows:
"Within any RS seasonal recreational district, no new lot or parcel shall be created
less than 5.0 acres in dry-buildable lot area exclusive of any�es�g�a�e�wetlands."
Page 20 of 22
SECTION 15. Municipal Zoning Code Section 78-570(2) is hereby amended as follows:
"(2) Minimum setback from�esig�e�wetlands shall be:
a. Wells and sewage treatment systems, 75 feet.
b. All structures, land alteration or hard cover of any kind, �--�ee�
shall meet the setback requirements established within Article XI
of Chapter 78 of the Municipal Code (the Wetlands Protection
element of the Zoning Code)."
SECTION 16. Municipal Zoning Code Section 78-1211, definition of Wetlands, is
hereby amended as follows:
"Wetlands shall have the same meaning as the "protected wetlands"
defined in Section�S-��78-1602."
SECTION 17. Municipal Zoning Code Section 78-1286(e)(1) is hereby amended as
follows:
"(e) The following considerations and conditions must be
adhered to during the issuance of construction permits, grading and filling permits,
conditional use permits, variances and subdivision approvals:
(1) Grading or filling in any type 1 2, 3, 4, 5, 6, 7 or 8 wetland must be
evaluated to determine how extensively the proposed activity would affect
the following functional qualities of the wetland:
a. Sediment and pollutant trapping and retention;
b. Storage of surface runoff to prevent or reduce flood damage;
c. Fish and wildlife habitat;
d. Recreational use;
e. Shoreline or bank sta.bilization; and
f. Noteworthiness, including special qualities, such as historic
significance, critical habitat for endangered plants and animals, or
others.
This evaluation must also include a determination of whether the wetland
alteration being proposed requires permits, reviews or approvals by other
sections of Citv ordinances or by other local state or federal agencies
including but not limited to watershed districts, state department of natural
resources, or the United States Army Corps of Engineers."
Page 21 of 22
SECTION 18. A Summary of this Ordinance shall be published in THE PIONEER and
THE LAKER newspapers, and this Ordinance in its entirety shall be effective upon
approval and publication of the Summary.
Adopted by the City Council of Orono on this 22nd day of August, 2005
by a vote of 4 ayes and 0 nays.
ATTEST:
�
c:���- � ��.—i
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Summary published in the Laker and Pioneer newspapers the week of September 3, 2005.
Page 22 of 22
r �
SUMMARY OF ORDINANCE NO. 28 , THIRD SERIES
ORDINANCE NO 28 , THIRD SERIES
AN ORDINANCE AMENDING CHAPTER 78 OF
THE ORONO MUNICIPAL CODE BY
BY ADDING NEW SECTIONS 78-1601 THROUGH 78-1614
AND BY AMENDING SECTIONS 78-1; 78-228(13); 78-253(13);
78-303(13); 78-328(12); 78-348(13); 78-367(13);
78-394(9); 78-419(9); 78-443(9); 78-563(c)(6); 78-565(6);
78-568; 78-570; 78-1211; AND 78-1286
REGARDING WETLANDS MANAGEMENT
The following is the official summary of Ordinance No. 28 , Third Series approved by
the City Council of the City of Orono on August 22, 2005.
SECTION 1. The Orono Zoning Code, Chapter 78 of the Orono Municipal Code, is
amended by adding Article XI, Sections 78-1601 through 78-1614, summarized as
follows:
ARTICLE XI. WETLANDS PROTECTION
DIVISION 1. GENERALLY
Sec. 78-1601 Purpose and Intent.
Subsections (a), (b) and(c) describe the purpose and intent of the Ordinance, establish the
basis for wetland regulation, and define the applicability of the ordinance.
DIVISION 2. DESIGNATION OF PROTECTED WETLANDS
Sec. 78-1602 Wetland Types
This section establishes that the wetlands protected and regulated by this Ordinance 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. More detailed definitions of each of the 8 protected wetland types are
found in the complete Ordinance.
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 Wetland Conservation Act (WCA). The
boundaries of the wetland overlay districts are identified on the official City Wetland
Map (CWM) which is adopted by reference. This section also notes that 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
Page 1 of 4
under WCA rules, then the boundaries of the wetland overlay district for that location
will be as shown in the delineation.
Sec. 78-1604 Interpretation of Wetlands Boundaries.
This section establishes regulations for determining wetland boundaries, and authorizes
the Planning Director to require the submission of information as deemed necessary in
order to resolve any dispute or uncertainty regarding the boundary of a wetland, including
review by City consultants or a Technical Evaluation Panel if necessary.
DIVISION 3. BUFFER AREAS
Sec. 78-1605 Wetland Buffer Areas.
Subsection(a) establishes specific requirements for wetland buffer areas around protected
wetlands, and describes the benefits of buffers. Subsection (b) describes the
characteristics and qualities of acceptable buffer areas; defines the characteristics of
unacceptable buffer areas; defines the restoration requirements for buffer areas which
have been broken or cultivated within the past ten (10) consecutive years. Subsection (c)
establishes that buffer area widths will be based on the Wetland Protection Strategies
established in the Orono Surface Water Management Plan (SWMP) (December 2002).
One of four possible Protection Classifications has been assigned to each wetland in
Orono based on the stormwater susceptibility and functional assessment for each wetland.
The four Protection Classifications are described, and a required buffer width and
protection requirements are established for each Classification. Subsection (d) through (i)
establishes additional standards regarding the creation, maintenance and documentation
of buffers.
DIVISION 4. USES
Sec. 78-1606 Permitted Uses.
Subsection (a) lists permitted uses within the wetland overlay districts. Subsection (b)
lists permitted uses within wetland buffer areas.
Sec. 78-1607 Conditional Uses.
Subsection(a) lists uses allowed by conditional use permit within the wetland overlay
districts and the wetland buffer areas. Subsection (b) indicates that 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 ordinance or the goals
and policies of the Community Management Plan, and establishes that approval will be
subject to approval by all other appropriate regulatory governmental agencies.
DIVISION 5. STANDARDS FOR THE WETLAND OVERLAY DISTRICT,
BUFFER AREAS AND NEIGHBORING LANDS
Sec. 78-1608 Standards.
This section establishes standaxds applicable to all land within the wetland overlay
districts, wetland buffer areas, and to neighboring lands, with regards to protection of
Page 2 of 4
, .
wetlands and wetland buffer areas; building setbacks from buffers; and treatment of
existing nonconformities.
Sec. 78-1609 Removal of Lands from the Wetlands Overlay District.
Subsection(a) establishes procedures for removal of wetlands from a wetland overlay
district, requiring a zoning amendment and an amendment of the official City Wetland
Map. Subsection (b) establishes that wetlands 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, within the same subwatershed as the wetland being altered.
Subsection (c) identifies additional information that may be required in support of
requests for removal of wetlands from the overlay district.
Sec. 78-1610 Alteration of Wetlands.
Subsection(a) establishes permit requirements for alteration of land within a wetland
overlay district or a wetland buffer, requiring a public hearing and neighbor notification.
Subsection(b)establishes requirements to provide compensatory runoff storage capacity
when wetlands are altered.
Sec. 78-1611 Public Control of Wetlands.
Subsection(a) establishes that the City Council may require that the owner of any
property affected by this ordinance create wetland and buffer area easements or
restrictive covenants to be recorded within the property's chain of title. Subsection (b)
establishes conditions under which the City may record a notice of the wetland and buffer
area requirements against the property.
Sec. 78-1612 Wetland Buffer Markers.
This section establishes requirements for the placement of permanent wetland buffer
markers.
Sec. 78-1613 Violations
This section establishes that violation of the provisions of this Ordinance shall constitute
a misdemeanor and shall be punishable as defined by law.
Sec. 78-1614 Authority/Enforcement Actions
This section establishes that nothing in the Ordinance shall prevent the City of Orono
from taking such other lawful action as is necessary to prevent or remedy any violation,
and details the procedures for enforcement of the Ordinance.
SECTION 2 amends the definition of"Lot Area"in Section 78-1.
SECTIONS 3-11 and 13 amend Zoning Code Sections 78-228(13), 78-253(13), 78-
303(13), 78-328(12), 78-348(13), 78-367(13), 78-394(9), 78-419(9), 78-443(9), and 78-
565(6), by revising the definition of allowable pasture acreage for the keeping of
domestic animals as an allowed conditional or accessory uses within specified single
family residential zoning districts as well as the RS district.
Page 3 of 4
. � � F
SECTION 12 amends Zoning Code Section 78-563(c)(6)to not allow setback exceptions
for any horizontal building addition or hard cover increase of any kind within 75 feet of
the shoreline or within a required wetland buffer or buffer setback in the RS District.
SECTIONS 14, 15 and 16 amend certain terms and definitions Zoning Code Sections
78-568, 78-570(2) and 78-1211.
SECTION 17 amends Zoning Code Section 78-1286(e)(1)by adding Type 1 wetlands to
the list of wetland types to be evaluated when grading or filling permits are requested.
SECTION 18 establishes that a summary of this Ordinance shall be published in THE
PIONEER and THE LAKER newspapers and that the Ordinance in its entirety shall be
effective upon approval and publication of the Summary Ordinance.
This Summary Ordinance is an abbreviated summary of Ordinance No. 28 , Third Series.
A printed copy of Ordinance No. 28 , Third Series in its entirety is available for inspection
by any person at the office of the City Clerk during regular office hours. This ordinance
becomes effective immediately upon publication.
Adopted by the City Council of Orono, Minnesota on this 22nd day of August, 2005 by
a vote of 4 ayes and 0 nays.
ATTEST:
i'
�-�,,�.- �. C�.�
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Published in the Laker and Pioneer newspapers the week of September 3, 2005.
Page 4 of 4