HomeMy WebLinkAboutOrd #196 - Wetland Regulations ORDINANCE NO. 196, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO WETLAND REGULATIONS
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. SecNon 78-1603 shall be amended by adding and deleting text to read as
follows:
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 all 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 ' • c�e�citv administrator, 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 ' s�e� city administrator 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.
SECTION 2. SecNon 78-1604 shall be amended by adding and deleting text to read as
follows:
Sec. 78-1604. - Interpretation of wetlands boundaries.
Whenever a wetland boundary is disputed or uncertain,the��g-�ec-�e�citv administrator
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 ' ste� c�
administrator 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 eity
designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the
' s�e�cit�administrator may appeal such decision in accordance with the provisions of
section 78-99 of this chapter and the WCA rules.
a. Delineation types.
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A Tier 1 Boundary determination is a review of known information to determine an
understood boundarv,and may be used when the,�roposed project is located on a lot where a wetland
is believed to exist,but the project is not likelv to impact the wetland due to project scope,distance,
and/ or topo�raphv. Known information may include aerial photographv, third party studies, and/
or site visits. A Tier 1 Boundarv determination is not a delineation.
A Tier 2 Delineation is a delineation is conducted bv a certified wetland delineator and
verified bv the Local Government Unit. Tier 2 delineation information shall be provided on a
certified certificate of survev.
b. Delineation reauired. The type of delineation shall be determined bv the Citv_
Administrator or their designee.
Tier 1 Boundarv determinations mav be required for accessorv structures, accessorv buildin�s
and other projects primarilv outside the wetland or wetland buffer area.
Tier 2 Delineations shall be required for projects that include a new residential principal
structure, a project that impacts the wetland, a subdivision, or a project that otherwise is regulated
by the Waterbodv Crossings and Structures Rule or Stormwater Management Rule of the Minnehaha
Creek Watershed District,unless waived bv the Watershed District. A Tier 2 Delineation mav also
be re uired for a ro'ect ro osed at or within 5' of the buffer/setback line.
A Tier 1 Boundarv�e�determination mav be substituted for the Tier 2 delineation when
the applicant can demonstrate the wetland boundary location to the satisfaction of the citv and the
watershed district, due to topog_raphv, distance of the project to the wetland, site specific features
and known information.
SECTION 3. Section 78-1605 shall be amended by adding and deleting text to read as
follows:
Sec. 78-1605. -Wetland buffer areas and setbacks.
(a) This subsection establishes authority 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) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District
(MCWD), which has rules and regulations for the establishment and maintenance of wetland
buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction
for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed
District. If application of MCWD buffer regulations is in conflict with city regulations,the�e
����ti Watershed District requirements shall apply.
(c) In order to provide for a minimum level of wetland protection where Minnehaha Creek
Watershed District buffer rules do not provide for adequate separation between wetlands and
buildings or other structures or surfaces,the city shall require setbacks from the delineated edge
of a protected wetland as follows:
, -_____ ___.____ ______ ___.__ ___--i-__-----------��_ ._------.____ _---___----- -----__.—_--
j Mimmum distance setback from delineated edge of wetland to
iany building(principal or accessory) or other structure,
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' _ i hardcover, septic systems or wells: __�
Where no formal buffer exists
' and where MCWD does not 35 feet
�', require a buffer
�� Where a formal buffer exists or 35 feet or established buffer width plus 10 feet, whichever is
I where MCWD buffer is required greater
Areas within the required setback area subject to filling, grading or excavation as part of a
construction project shall be revegetated immediately upon completion of such earthwork.
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a�v�Vi i uV1111VNL1V11 Vl LV V Vl L. �.{V1111VUl1VIfZ
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(d) The City of Orono has established wetland protection strategies in the Orono Surface Water
Management Plan(SWMP) (January 2011). A protection classification has been assigned to
each wetland in Orono based on the stormwater susceptibility and functional assessment for
each wetland. The city has also established additional protection requirements for each
classification. The four protection classifications for all properties except those zoned as
"residential" are described as follows:
'; Additional
� Protection
', Requirements
I Protection Susceptibility (B = Bounce=
'� Classification Rating Description Change in
water level due
' to runoff event)
, (P=
' Phosphorus)
B: Maintain
Highly susceptible to bounce at or
both quantity and below existing
„ „ quality impacts from conditions
Preserve I Highly Susceptible P: Limit
runoff; have the loadings to
I highest degree of
i I protection Predevelopment
� loading(0.14
i � Lbs/Ac/Yr)
� �
� _ __ _- — ----; -- -, ' _
___._ __--
( Moderately i B: Maintain '
� susceptible to j bounce at or
"Manage 1" j Moderately � quantity and quality i below existing
I Susceptible impacts; protection is � conditions plus
� less stringent than � 0.5 foot
i � Preserve, provides I P: Limit
3
r---
protection to loadings to
maintain their predevelopment
chazacteristics loadings times
2 (0.28
' Lbs/Ac/Yr)
�— - —
B: Maintain
bounce at or
' Less stringent below existing
protection than conditions plus
Manage 1 wetlands• 1.0 foot
"Manage 2" Slightly Susceptible maintenance of � P� Limit
characteristics is concentration
desirable to
; predevelopment
i concentrations
(200 ppb)
i Wetlands are
; significantly
; degraded (e.g.,
cultivated or canary
grass monotype)or B: No quantity
' lack of wetland requirement
' "Manage 3" Least Susceptible characteristics; not P: Limit
typically impacted concentration
'; by runoff; no to 225 ppb
' 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 available for public review during all normal office
hours. The Minnehaha Creek Watershed District required buffer area widths are based on the four
protection classifications.
SECTION 4. Section 78-1608 shall be amended by adding and deleting text to read as
follows:
Sec. 78-1608. - Standards.
The following standards apply to all land within the wetland overlay districts, existing and
MCWD-required wetland buffer areas, and to neighboring lands:
(1) Protection of wetlands.
a. Except as modified or regulated by the standards of this subsection, all requirements
of the underlying zoning district apply.
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b. No structures are allowed in the wetland overlay districts 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. 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 � ,the owner or contractor
must place erosion control fencing on the upland side of the perimeter of the wetland
•��r'�•�a��*�-��*, or as required by the city. This fencing must remain in place until all
development activities that may affect the wetland have been finished and adequate
vegetative cover has been established at 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) Protection of wetland buffer areas. Existing and MCWD-required wetland buffers shall be
maintained and protected per the requirements of existing covenants as well as MCWD
regulations as administered by MCWD.
(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 existing
established 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.
SECTION 5. Section 78-1614 shall be amended by adding and deleting text to read as
follows:
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 ' ste�citv administrator and
the city 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.
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(2) When an article violation is either discovered by or brought to the attention of the�i�g
�ee� city administrator, the �'��r�r� �'�r�^*�r city administrator 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�'�^^;^��';r��+^r city administrator shall notify the suspected party of the requirements
of this article 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 ^'���;�R a;r��*^r city administrator 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 �'������ ��r�^*^r c�
administrator 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; ar (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 r'�����rt �'�r�^*^r c�
administrator 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
' c�e� citY administrator 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.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 22nd day of May , 2017 on a vote of 4 ayes and 0 nays by the
City Council of Orono, Minnesota.
ATTEST:
� ' ,
1
Anna Carlson, City erk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of �y z7 , 2017.
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