HomeMy WebLinkAboutCovenant of dedication �
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STATE OF 1�1P.VNESOTA ) `��`����
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COLNTY OF
COVENANT OF DEDICATION
The undersigned, Orono Limited Partnecship, a Nlinnesota Limited Partnership,
and Coffin Corners Partnership, a Minnesota Partnership now stipulates to the followin�
statement of facts; and the undersigned further agrees to restrict the use and title of the
realty described in E:chibit A to this document (hereinafter referred to as E:chibit A) in
accordance with the terms and conditions set forth herein.
STIPULATIONS OF FACT
1. That the undersigned Orono Limited Partnership is the applicant for a
Corps of Engineers permit number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide
permit number (26) to develop wetland; and that the U. S. Army Corps of Engineers has
re�ulatory jurisdiction of said wetland pursuant to Section 404 of the C?ean Water Act (33
USC 13�4).
''. That the undersiened Coffin Corners Partnership is the Contract for Deed
Vendor of Lots 1 -10, Block 4, Old Crystal Bay Road Addition, Hennepin County, MN
and the undersi�ned Orono Limited Partnership is the owner in fee of the real estate
described as Lots 1 - 7, Block 2, and Lots 1 - 7, Block 3, Old Crystal Bay Road Addition
Hennepin County, �II�1 and is the Contract for Deed purchaser of Lots 1 - 10, Block 4,
Old Crystal Bay Road Addition, Hennepin County, MN.
3. That a portion of the real estate described above is a wetland under the
re�ulatory jurisdiction of the St. Paul District of the U. S. Army Corps of Engineers
pursuant to Section 404 of the Clean Water Act.
4 . That the undersigned applicant and the St. Paul District of the U. S. Army
Corgs of EnQineers have reached an agreement whereby the undersigned applicant will be
permitted to deveiop a portion of the wetland in accordance tivith the terms and conditions
of Corps of En�ineers Permit number 94-02434 �tW JJY, 33 CFR 330 - App. A.
Nationtivide pernut number (26); and, that in consideration for the permittee to develop the
tivetiand, the undersiened will mitigate the adverse environmental efFects resulting from the
development by dedicating the easements as defined in the attached EYhibit A for
perpetual use as a conservancy area in accordance with the terms and conditions of this
document and the above mentioned pemut.
5. That the above mentioned dedication shall consist of the execution of this
document by all parties necessary to restrict the use and title of the easements as defined in
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the attached �bit A; and t1�t t�ie docuanent shall be recorded in th� Office o�the
Couaty R�cordcr far Ilc�nucpin Ceumy,Muraeaota.
6. That a pwmit to develop the wetls�ad abov,e descn'bed would not have b�n
ganied but for tbe dedication of the ea9esne�ts �a cnntained on Sxhibit A for uso a9
conaervaacy sr�a; and, tbat upoa receipc oP e cer�fied copy of this docurne�, as recorded
in tho OfficB of the County R�corder tbr Hennapin Couaty, M'mnesota., thc Dissict
Hng�neer of th� 9fi. Paul Disttict of th� U.S. Amiy Coips of Hngineess w11 iasue a
v�lidated permit, number 9q-02�34 NW JJY, 33 CFR 330 - App. A. Natiomwide permit
uumber (26), to the undersigned applicant; and that eaid permo�t sbaU be issued in
coasideratian Sor the eaecutf oa of this Covenant.
7, That fihe terms and condiao�ns of tt�s Covenam of UediQatioa ahaIl, as of �
the dat8 of exe�tion oP ttua d�cu��at,.bind the uad�rsigu$d to the e�tem or their legal �
and/ar equitable intetest in the praoperty described in Exhibit A; and thac thi� Caveoant I
sball cuu with the land aasd be bindiug on the unde�i�ad and thev heirs and. assi�s
fbrever. �
8. T6at the t�ms and conditioa�s of this Cavenant aheA be both implicitly and .
e.�licitly inciuded in any uansfar. cc�nveyan,ca, o�encumbraaee af the prop�ty deaenbed
in �b�ibit A vr any patt tlierso� and that auy iae�rum� of usnsfer, conveyance or �
encutnbrance�ect'trag aIl or auy part afttie pmperty desenbed in Exhibit A s�all s6t tbrth :
t}xe tecros a.nd cnnditian9 of this documeut eithes'by reference ta this document or set forth ,
ix��.�D:t�t.
DESD AND USR RESTRICTIONS
The ,mde�rsigned Coffin Camers Partner'ship w�rrants that it is the Contract far
Deed Vea�dor ad recited above aad Orono I imited Pard�e+'�p h�reby w�trant� t6�they
are the O�wner ia fe� snd Cana�ect fnr Deed V�lses as recited above o�the realty
describmd es Exh�it A;and tha�the ea�a�ents r�cited i�Fxhibit A�re l�ereby dedicated iu
. peapetuit�y£or vsc as a coaservar�area. •
Ti�e undecsi�ned Orano Limited Parmecsku� and Coffin Cainers PBrtnea�s�ip
hat�lry agree to re�ttict the use and title of the easemeut area as racited 'm E�a'bit A ae
foIlows:
1. i�1a ct�dg���'�11�al will be pla��aa thc�+.�e�ent area o�Fxhibit A
exeept as pravided pur�uant to pernait numbar 94-0243h NW JJY, 33 CFR 330 -App. A
Natianwide permit nwnber(26).
2. No couwteraal, induattial, e�ieulturel or reaadeutia! developments,
etractures or buildin�s�hall he allowed or permitted in the eesar�t area of SxYu�A
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3. No �.rnberiag� mawing, draiAags, bun�ing plowing or flli�g shall be
altowed or conduct�d on tho easement area o�L�hibit A. No dome.stic cQttt� horsea,
st�eap or other liv�stock�tmIl be k�pt or graz�ed on the ea�nant araa oF�lubit A
4. No filliAg, dumping, burniug, gcQdiag, �accavatinn, clirect iatrod�tction Qf
unireated storm water, and mowing or ather v�tativa r�uwval shall be aAowed without
wmren aioproval$omthe Corps vf$n$ine�.s.
5. That any ur�cthatized proltibited activity ia the c�nsstv�tion areas by tl�e
penaittee, subsaqucnt property uwners, or other parties shatl be con$ider�d a permrt
vialati� and tbat the praperty owner and respaasib�e parties may be tha subject of
a�daiiniatra�ive, civil ur crimiaal actioa
� 6. This Cov�nt of Dediosrion may be changed� modified or r�voked only ..
' upoa wrilten approval af tha Ui�tricc Eziginear o�tha SC. Paul Ai�trict af tI�e U S. Army
Cocp� of En�neers. To be effective surd�approval must be vyitnesaed, aurheaucate,d and
secorded pursusut to the law of the Staie of Mi�nr,esota.
7. Thie Cnveaant is rasdes ia P�P�Y such the.t the pr�sertt owuet at�d itg
heirs and assigas Po�ev+rt sJ�a]1 be bflund by ti�e terms and mndidnuis a�t fbrth hex'ein.
OR 1�T0 PARTNERSHI�'
by t� ��
Presjd of J�m�es D�valopunsnt
Co tiaq a Mmnesota Co:por�pion,a
Ceu Partnar af Oroctv Limited Partn�ship
STATB OF MINI�IES�TA )
)ss
COUNTY OF HENr1EPIN )
Thc foregoing� iostrumant w acknowledged before ma thie 5� day of
a
1994, by Pr�,ide�t aP
a ta Corpo�tion, a Gsnaral Pacbi�r oF
O N'O PAR , a Trrnited Partrpe�rship uadec the lavv�s of M�esota,
on bc�ialf oFthe Limited Parmership.
11�{ M.QlLBFR7' �����41. ��k=`�-�
� �ueue•un�n+�sar
. ������� NOTARY PUBI.IC
�,,. „N!��r��,�oao ,
page 3 of 4
.
COFFIN CORNERS PARTNERSHIP
by ����'� ��6• �'""'
its �'P��r�( �'4�fM�'r
STr1TE OF �v1I��I�Ii ESOT� )
)SS
COU`�1TY OF HE1�I�EPIN ) � .
.' The foregoing instrument was �owledged f _e� this � � day of
�
���; 1994, by .�.Ji-�u�'�� ��'�, General Partner of
�p�'L�i 1 �ORl'�tERS PARTNERSHIP, on behalf of the pa '� ership.
, �
.� l
� 'c'e" ---�'�-" � Gl c�
This instrument tivas drai�ed by: G�fZ�G �,�,�!�c/
�
SAHR KLNERT &TAMBORNINO �
1800 Soo Line Bui]ding
i�linneapolis. �L�1 >j-402
�61Z-=»-=?'-5) JAYNF LEEKUHAR
��:.>,,r
ST,y�z NOTaR'f PUBL�•M1tNE50TA
;�"�-�`�,�:,�.= HENNEPIN COUNTY
�4,.';. • �1y Canrssan Ez�sa JuL 20,1998
Co�•dzdCa
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Page 4 of 4
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CONSENT TO WETLAND DEDIC�TION
Cattleman's National Bank as the current holder of that certain mortgage dated Apnl 15,
1994, and fiIed of record ApriI 19, 1994 as document number 2504123 between Orono
Limited Partnership, a Minnesota Limited Partnership as Mortgagor and Patricia C.
Dici:ey as Mortgagee and assigned by Patricia C. Dickey to Cattleman's National Barilc by
Assi�nment of Mortgage dated April 15, I994, and filed of record April 19, 1994 as
document number 2504124, hereby consents to the filing of the Wetland Dedication
attached hereto and subordinates its interest under said mortgage to interest of grantee.
Cattleman's N tional Ban
�
BY .�..
State of Texas )
) SS
)
The foreQoin� instrument was acknowIedged before me this 23rd day of
June 1994 by Nonnan Oliver Deike, Exec V. Pres. of Cattleman's
�iational Bank, a Texas Corporation, on behalf of the Corporation.
,j,i►*►: sA,t�iOR�Y SiiE�6t `
� `'41•: Ei�F7F E�X�! k ( � k:;
':+,��,�f My Comrr�i�lcn E#ot
.;�,�:,.,• , yv,��„�� Notary Public ,
�M�
T}us Instrument Was Drafted By:
S�HIL KLNERT & TAMBORNINO
1800 Soo Line Buildin�
Minneaoolis. � 5�402
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��GISItRED YOL,���n �O��D�
'�"' PAC�
" EEGISIERED YOL�z��PAG � / ��
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OFFIC�Or TNE REGISIRAR
;zr ri�«s
' HENfvE.i'1Pd COUN7Y,MINNFSOT�
C%�.�TIFI�D FRE[l ON
J U L 1 3 1994
o�S�... �',�,�., c1 a,�
� REGI9TRAR OF 17T1�S
DEPUh'
�
r '• �r"�E'JT� r;R 4E'l1Hli�ING DE' I��EaTED v�lETL�raQS OtJT�iG� CF
�..,-�...�.�
QRAINAG� E,�SE`'lE?`�TS OR ��11T1C�ATI��d AREQS
LG�T 3 EI.00� �
A deiineat�d v�ietiands easeme�lt over that part of Lot �, Biock �, OLD CRYSTAL
�A.Y RCA.D ADQiTION, ��vhici� iies so�t(r�+�esterty of a fine drawn from a poi►�t on
the sauih iiF�e flf said Lot 3 distant 144.00 Teet east, as measured atoi�g said sauth
;ine, from tf�e south�:fest corrler of said Lot 3, fo. a paint on tl�e :�resteriy li►;e of
said Lot 3 distant �3.00 feet nortlieriy, as measured aloiig said ��r�ester�y lii�e, from
said soutf��,��est conier.
�G�T � B��CK �
A delineated ���etiands easement over t1�at part of Lot �-, 8(ock �, O!D C�YSTA!
QAY ROAD ADQITIO�d. descnoed as foiio��vs: Beginning at the northwest corner
c�f said Lot ?; thence o►� a�t assurned beariilg af East afong tf�e t�ortl� fi��e of said
Lot 4 a distanc� oi 163.QQ feet; thetic� South 3 degrees Vifest a distancp of 60.00
feet; the►ice Sout1� 6o degrees l�lest a distance of 115.04 f�et; thence South 80
dearees `!'•lest to the �.vesteriy line of said Lot 4; thence nor'theriy afong said
�Y�iester;v :ine :a the point of begii�ning.
�
. �
i OT 3 BL�CK 2
A �,rvetiands easement ov�r that part of Lot 3. Bloci� 2, OLD CRYSTAL BAY
RCAD ADD{TION, which lies souti�easteriy of a li��e dra�vt� ftom a �oijtt on tf�e
easterty line of said Lot 3 distant 85.Q0 feet north, as measured along said east
iine, from the southeast corner of said Lot 3 to a noint on ths south line of said Lot
3 distant �108.OQ feet ��vest, as measured along said soutf� line, from said
southeast corner.
I�OT �. BLOCK ?
� ��vetlands easemetit over that part of lot �, 31ock 2, OLD CRYSTAL BAY
ROAD A�D�TIGN. �ihicl� (ies ��orti�easterty of a iine dfa�+�r� from a �oint o�� the
iiorth line of said Lot � dista►�t 103.00 feet west, as measured aiong said nort;�
line. from the nortl�east comer of said Lot 5 to a point on the east line of said Lot
� distant �8.Q0 feet south, as measured afong said east 1ine, from said norifieast
COfileC.
I C�T � BLQC,� ?
A ��vetlands easement aver tliat part af Lot 6, Block �, OLD C�.YSTAL BAY
RCAQ AQDiTICN, whici� lies ��ortl�vdesterfy of a li»e dra�n fram a poit�t on ihe
,�vest l;re of sai� Lot 6 distant 5�.00 feet south, as measured alang said ;vest 1ine,
frcm the north��r�est corner of said Lot 6 to a point on the narth (ine flfi said Lot 6
distant I05.00 feet easteriy, as measured aiong said nortf� iine. from said
tl0t i�l`Y�/ZSt COCiI@�.
/
b. Existing nonco�formities. An existin� structure, driveway or parking area that does not
meet the required setback from a city-desi�nated wetland bow�dary or buffer area, is
considered a legal nonconforming development.
c. Avoidirrgfutu��e f�onconformities. In order to avoid the creation of future nonconformities,
in situations where development, redevelopment or construction activity does not tri�ger
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} pfus
the cequired 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 wetfand boundary eqttivalent to the width of the buffer area per the
chart in [section] 78-1605(c).
d. Buffer flexibility. Where existing st��uctures or surfaces are located within an area that
would be required for establishment of a buffer under this ac-ticle, alternative methods of
wetland pcotection may be approved by the city council to avoid cc•eating unreasonable
impacts on the existin� 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.
(Ord.No. 28 3rd series, � l, 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 official 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 mana�ement pfan. In determining the appropriateness of a rezonina 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) Wetlands within an overiay district may oniy be removed accordin� to WCA rules and if at least
an equal area of wetland replacement is created to compensate for the wetland beina filled. Unless otherwise
approved by the city council, compensatory wetland area must be provided within Orono and within the same
subwatershed (Painter's Creek, Lon� Lake Creek, Classen Creek. Lal.e Minnetonka) as the wetland bein�
altered, if available. y
(c) In addition to application requii�ements, the city may require submission and approva] of the
followina information:
(l) A cop:v of the �i-etland i•eplacement plan applicatioi� submittzd to tl�e vICWD;
�
paving, mowinQ, vegetation reinoval, fillin�, du�npin�, yard waste disposal oc fertilizer
application are prohibited, except that certain such activities may be permitted when
appcoved by the city as a buffer management plan. Invasive non-native vebetation, such
as European buckthorn and noxious weeds, may be removed by obtaining a ve�etation
removal permit from the city.
d. Before �rading or construction near a wetland overlay district or buffer area, the o�mer or
contractor must place erosion control fencing on the upland side of the perimeter of the
wetland ovec(ay disti•ict o►•wetland buffer area, which ever is moi•e resti•ictive, 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 ai•ea have been finished and adequate
vegetative cover has been established at which time the fencin� must be removed.
e. All structures must have a minimum basement floor elevation not less than one foot
above the ]00-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. Structw•es 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 mana�ement plan and the appropriate
MCWD requirements.
(2) Setbacks.
a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope
edQe of the wetland buffer. Exceptions: Play structures (including sport court type
structures), grade-level decics, 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 rivo feet in diameter, underaround utility (ines and distribution equipment, light
poles. traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting
section 78-140�(8) and other equipment that provides an essential public service.
c. A setbacl<from the buffer area is not required for fences or retaininQ walls.
(3) iVonconfvrmities.
a. EfJect of�wetl�tnd boun�tary expernsiof�. An existin; structure, driveway or parkiny area
meeting the required setback from a cit}�-desig�lated wetland boundary or buffer acea is
considered a IeQal nonconforminQ development if a later wetland delineation or
implementation of a wetland buffer shows that the wetland oc its buffer is closer than the
required setback.
I
followin� ercept by conditional use permit and except in conformance with the sta�ldards specified in section
78-1608 of this article:
(1) Private and public recreational uses, including goff courses, impervious trails, picnic grounds and
boat ramps;
(2) Public utilities, includin� necessary structures;
(3) Other non-structural facilities similac to those permitted by this section which also meet the
intent of this section, as determined by the city; oc
(4) Public structtu�es associated with recreational uses permitted by this section or by section 78-
1606 of this section that are desi�ned in an environmentally sensitive manner and will withstand
periodic flooding, except for structures desi�ned or used for habitation or the sto�•age of
equipment.
(5) tJnpaved hikin�, skiing and horseback riding trails �t�hich comply with WCA standards.
(b) No conditional use permit will be granted unless its approval will not adversely impact wetlands,
the wetland buffer acea, and surrounding properties, the intent of this article or the goals and policies of the
community management plan. If app(icable, granting of a conditional use permit will be conditioned upon
approval of the request by all other appropriate regulatory governmentaf aaencies, including but not limitecl to
the Vlinnehaha Creek Watershed District (MCWD},the Lal:e Minnetonl<a Conservation District (LMCD), or
the Minnesota Department of Natural Resources.
(Ord. No. 28 3rd sei•ies, § l, 8-22-2005)
DIVISION 5.
STAIVDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING
LANDS
Sec. 78-1608. Standards.
The followin� standards apply to all land within the wetland overlay districts, wetland buffer areas, and
to neighboring lands:
(I) Pf-otection of wetlands a»d 1i�etlancl bt ffer areas.
a. Except as modified or re�ulated by the standards of this subsection, al( requirements of
the underiyina zoning district apply.
b. No structures ai•e allowed in the wetland overlay districts, or ���etland buffer area except
those a(lowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of
this article.
c. r,cti�ities includinQ, b�it not lirnited to. buildinQ (other than a bcard�vall: o�docicj,
�
Sec. 78-1606. Permitted uses.
(a) Within the wetland oveclay 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 �round elevation;
(2) Wildlife and nature prese�•ves;
(3) Overhead �rtility lines aild poles that are less t11an two feet in diametei•;
(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
accessocy appurtenances as approved by the city; or
(6) Environmental monitorin� or contro( facilities, including those related to water quality and
wildlife regulation.
(b) Within wetland buffer areas no land may be used except for one or moce of the following uses:
(]) Native vegetation, provided that no chan�e is made to the ground elevation;
(2) Wildlife and nature preserves;
(3) Boardwalks, docl:s or other reasonable access to the wetland not exceeding eiaht 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, pondinQ and drainage facilities and associated
accessory appurtenances as approved by the city;
(S) Environmental monitorin� or control faci(ities, 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 re�ulatory sicns, mailboxes and
other equipment that provides an essential public service;
(7) Retainin� walls if the city determines that the retaining wall will protect the wetlanci from
conditions of erosion, when approved as pai-t of a ���etland permit application.
(Oi-d. No. 28 3rd series, 5 1, 8-22-200�)
See. 78-1407. Conditional uses.
�aj W'ithin the �vellan�l overlay ilisiricts ai�d il�c «etla<<d buffer areas ��o lard may be ��sed fo� the
I
150 percent of the cost to re-establish the buffer to its ori�inal 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 ve�etation and installation. The escrow or letter
of credit must be va(id for up to two years and may be used by the city to replace any ve�etation that dies.
(�) The affected property owner or homeownec association that is responsible for the maintenance
must:
(1) Maintain and repair damage to buffer a►•eas fi•om such activities as mowing, cuttin�, gi•ading or
other prohibited activities, unless mowin� is approved by the city as a buffer management plan.
Permission must be obtained from the city before implementing buffer management plans, which
may inc(ude mowing, burning, and the use of herbicides.
(2) Maintain only the permitted vegetation in the buffer area and must remove all noxious �veeds and
invasive, non-native species such as European buckthorn, upon obtaining a ve�etation removal
permit fcom the city in conjunction with an approved buffer mana�ement plan.
(3) Ensure that al( 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 buifer
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 cooc•dinates.
(i) Golf course partial exemption. Public and private �olf courses existin�and in operation on the
date of adoption of this article shall be allowed a partial eYemption fi•om buffer creation and maintenance
requirements with regards to mowin� or cuttin� buffer vegetation in aeeas subject to golf play, subject to the
followina:
(1) At such time that this article requires establishment of a buffer, applicant shall submit a
certificate of survey identifyin�the location, size and type of the wetland for which buffer
exemption is requested.
(2) Applicant shall submit a buffer mana�ement p(an for city council approval, identifyin�those
areas where exemption is requested and providing for alternative metlzods of wetland protection
equivalent to an unmowed buffer.
(Ord. No. 28 3rd series, S 1, 8-22-200�)
DIVISION 4.
IJSES
1
°Manage 3° Least Susceptible - Wetlands are significantly
degraded(e.g.,cultivated
or canaiy grass monorype)
or lack of�vetland
characteristics:not
rypically impacted by
runoff:no quantiri and
only limited quality
treatment of ivnoff is
re uired
The protection c(assification for each wetland will be found on the "Wetland Mana�ement Classification Map &
List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerlc
and shall be available foc public ceview durin� all normal office hours. The followin� are the required buffer
area widths for each protection classification:
Protection Classification Width of Buffer Area Prom Additia�al Protection
Wetland Boundary Requirements(B=Bounce
=Change in water level
due to riuioff event)(P=
Phosphorus)
"Preszrve" �0 feet B: Vlaiiltain bounce at or
below esisting conditions
P: Limit loadiiigs to
predevelopment loading
(0.14 Lbs./Ac/Yr)
"iV[anage 1" 35 feet B: Maintain bounce at or
bclow existing conditions
plus 0.� foot P:Limit
loadings to predevelopment
loadings times 2(0.28
Lbs/Ac/Yr)
"Manaee Z" 2� feet B: Maintain bo�mce at or
� below esisting conditions
plus 1.0 foot P:Limit
concentration to
predevelopment
concentrations(200 b)
"Manage 3" 16.� fect B:No quantiry requirement
P: Limit concentration to
?�g P b
(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 lettec of credit equal to 1�0 pei•ce�1t of the cost to install the required
buffer.
(e) The city may allow the disturbance of an existing buffer area durina the course of construction
activitv. This disturbance must be kept to a minimum, soils must be decom�acted to a level that will
accommodate root �rowth, and the buffer area must be re-established as required by the citr�. The city will
determine the amount of allowable dist�n�bance. The cit}� may require a cash escro�v or letter of credit equal to
!
of native prairie �rass 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 oc trees may be used in addition to forbs and �rasses. Shrubs shall be
distributed so as to provide a natural appearance and shall not be planted in rows.
e. Native prairie �rasses and forbs shall be planted by a qualified contractor.
f. No fertilizer shall be used in establishing new buffer zones, except on hi�hly distucbed
sites when deemed necessary to establish acceptable buffer vegetation and then limited to
amounts indicated by an accredited soil testing faboratoiy.
�. All seeded areas shall be mulched immediately with clean straw at a rate of 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 durin;
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 Urono based on the stormwater susceptibility and functiona( assessment for each wetland. The
four protection classifications are described as follows:
Protection Classitication Susceptibiliri Ratino Description
"Preserve" Highly Susceptible Highly susceptible to both
quantity and quality
impacts from runoff;have
d�e highest degree of
rotection
"Manaee 1" Moderately Susceptible Moderately susceptible to
quantity and quality
impacts:protection is less
stringen[than Preserve,
provides protection to
maintain their
characteristics
"Manage 2" Slightly Susceptible Less stringent protection
than Manaee I wetlands:
maintenance of
characteristics is desirable
4
(a) This subsection establishes requirements for wetland buffer areas around protected wetlands.
Buffer areas are necessai•y and beneficial to maintain the health of wetlands. Buffer areas protect the ed�e of
wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into
wetlands. Buffer areas can improve the biolo�ical diversity and health of a wetland environment while reducing
the adverse impacts of hwnan activities.
(b) Buffer ac•eas regulated by this section are areas of vegetative cover that are upland of the wetland
edge, and tllat occur in a ►Zatural condition or throu�h restoration. Buffer areas consist of sllrubbery and trees,
native grasses and/or forbs that ace not mowed, fertilized or manicured in any manner. Mowin�, fertilizing,
manictu�ing, or vegetation cemoval within a buffer area is not allowed unless the city }1as issued a permit for
such activity in conjunction with an approved buffer management plan.
(1) Acceptable buffer areas shall have the followin� qualities:
a. A continuous dense layer of perennial �rasses that have been imcultivated or unbcoken
for at least ten consecutive years, or
b. An over story of trees and/or shrubs with at least SO 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. aild b. above, which have been
uncultivated or unbroken for at least ten consecutive years.
(2) Unacceptable buffer areas have the followina qualities, including but not limited to:
a. Undesirable plant species (includin� but not limited to reed canary grass, common
buckthorn, purple loosestrife, leafy spurge and noxious weeds), or
b. Lacl:ing a layer of organic thatch o►•duff, or
c. Topo�raphy which tends to channelize the flow of surface runoff, or
d. Is characteristically unfikely to retain nutrients and sedime�lt.
(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 buf['er area defined in section 78-
160�(b)(1), a restoration or landscape plan must be submitted to the plannin; director, which
restoration shall include, rep(a►ltina and maintaining accordin�to each of the fol{owin,
�uidelines: y
a. Buffer areas shall be planted with a seed mi� containing 100 perce�lt perennial native
piant species. except for a one-time planting of an annual nurse or cover crop such as oats
or i•ve.
b. The seed mil to be used shall consist ol�at least 1? po�ulds pure live seed (PLS) per acre
Ve�etation typical to this wetland includes tamarack, white cedar, black spruce, balsam fic, red
maple and black ash.
(8) Tvpe 8--Bo,;: Occurs along sluggish streams, on flat perched depressions and shallow lake
basins. The soil is watei•lobged and supports a spongy coverin� of mosses. Vegetation typical to
this wetland type includes sphagnum moss, heatll shrubs and sedges. Minnesota bo�s contain
leathecleaf, Labrador tea, cranberries and pitcher plants. Scattered stunted bfack spruce and
tamarack also are common features of bogs.
(Ord. No. 28 3i•d series, § l, 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 shal( be available foc 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
de(ineations under WCA rules. If a specific wetland delineation has been done under WCA rules, then the
boundaries of the wetland over(ay 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 plannin� director, who may require review by city consultants or a technical evaluation pane( 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 plannin� 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.
Whenevec a wetland bo�mdary is disputed or uncertain, the planning director may require the submission
of a re�istered st►rvey of the property and field staking showing the city-desig�lated wetland contouc or a
delineation of the wetland, and such other information as the director may require in order to resolve the dispute
or uncertainty. The plannin� 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 p(aced on the site after the city
desi�nated the area as pa►-t of the wetland overlay district. Persons a��rieved by a decision of the planninQ
director may appeal such decision in accordance with the provisioils of section 78-99 of this chapter and the
WCA rules.
(Ord. No. 28 3c•d series, 5 l, 8-22-200�)
DIVISION 3.
BUFFER AREAS
Sec. 78-1SOg. Z'Jeiiand b�;ffe-►- areas.
apply.
(Ord. No. 28 3rd series, S l, 8-22-2005)
DIVISION 2.
DESIGNATION OF PROTECTED WETLANDS
Sec. 78-1602. Wetland types.
The wetlands protected and regulated by this section are types l, 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,
�ulless the wetland is within a shoreland district in which case the more restrictive ru(es re�arding setbacics
would apply. Protected wetlands are further defined as follows:
(l) Ti�pe 1--Seasonallyfloocled basins or,floocl�lains: Type 1 wetlands are seasonally flooded basi�ls
or flats in which soil is covered�vith water or is waterlogged durin� variable seasona[ periods but
usually is well-drained durin� much of the arowin� season. Type 1 wetlands aee located in
depressions and in overflow bottom lands along water courses. Vegetation varies greatly
accordin� to the season and dw•ation of the flooding, and includes bottom land hardwoods, as
well as herbaceous plants.
(2) Tvpe Z--Inlarrd fi�esh meaclow: Occui•s alon�the shallow edges of lakes, irarshes and floodplains,
or in perched depressions. The soil is usually without standin� water durin; much of the �rowing
season, but is waterlo�ged within at least a few inches of the surface. Vegetation includes
crasses, sedges, rushes and various herbaceous plants.
(3) Tvpe 3--Inlar�d shcrllotiv fi�esh marsh: Soil is usually water loQged during the growing season,
often covered with as much as six inches or moce of water. Vegetation includes grasses,
bulrushes, cattails, arrowheads, smartweeds and other emer�ent aquatic ve�etation.
(4) Tvpe �--Inlar�cl deep fi�esh marsh: Soil covered with six inches to three feet or more of water
durin� growing season. Vegetation includes cattails, reeds, bulrushes and wi{d rice. Open water
areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic
vegetation.
(5) Tvpe �--Ii�larrd open f�esh water: Water is usually less than ten feet deep and is fringed by a
border of emergent vegetation. Ve�etation includes pondweeds, naiads, coontail, water milfoils
and other submerQent aquatic vegetation.
(6) Tvpe 6--Shra�b stia�amp: Occurs along sluagish streams or on floodplains. The soil is usually
���aterfo��ed during the jro�vin� season, and is often covered with as much as six inches of
water. Vegetation includes alder, willow and do�wood.
(7) Tll�e 7--YVoode�l s�vump: Occucs along slug�ish streams, on floodplains, on flat perched
depressio�ls and in shallo�v lake basi�ls. TIIe soil is �vaterlo�ged to ��ithin a fe�v inches of its
�urface during tf�e yrowinv season and is often covered ti�ith as much as one foot of���ater.
s
reasonab(e use of the property. This section adopts the re�ulations and standards of the Wetland Conservation
Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the rules adopted pui•suant to the
WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land
use as allowed by other distcicts or the WCA.
(c) This a►-ticle applies to, and wetland buffer areas must be created or existina buffer aceas must be
maintained around, a protected wetland located partial(y 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 devefopment 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 macket 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 fafl 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�rading exceeds 50 cubic yards or the construction activity involves the
disturbance of more tllan 5,000 square feet of area; and
c. The cedevelopment activity results in a net incl•ease in the square footage of impervious
surfaces that drain to the �vetland, or results in the relocation of impervious surfaces
closer to the wetland, or results in chan�es to drainage patterns (slopes, meander patterns,
etc) that the city engineer determines will increase the velocity or rate of runoff to the
wetland.
For new development, all wetlands on the property shall be subject to the buffer requirements.
For redevelopment or other jradin� or construction situations that ace not new development, only
the wetland that is potentially adversely impacted shaff be subject to the buffer requirement. ln
the event that the wetland is on an adjacent property but near enoujh to the subject property so
that buffers to said wetland would e�tend into the subject property, the buffer requicements
t
be responsible for keeping such vacant (and free of waste material and noxious weeds.
(Code 1984, � 10.60(14))
Cross References: Solid waste,ch. �0.
Sec. 78-1579. Drainage.
No land shall be developed and no use shall be permitted that resufts in water runoff causing floodin�, or
erosion on adjacent propei-ties. Such cunoff shall be pcoperly channeled into a storm drain, watercourse, pondin�
area or other suitable facility.
(Code 1984, § 10.60(15))
Sec. 78-1�80. Traffic control.
The traffic generated by any use shall be channelized and controlled in a manner that will avoid
con`estion on public streets, safety 1lazards or eacessive traffic throu�ll residential streets. Vehicles backina
from a parking space shall not back into the public street. No access drive to any lot shall be located within 20
fee± of any t���o intersectin; stceet right-of-way lines.
(Code 1984, § 10.60(16))
Cross References:Traffic and vehicles, ch.66.
Sec. 78-1581. Radiation, electrical disturbance.
No activities shall be permitted that emit danberous radio activity beyond enclosed areas. There shall be
no electrical disturbance adversely affecting the operation of any point of any equipment, including but not
limited to cadio and television reception other than that of the creator of the disturbance.
(Code 1984, � 10.60(l7))
Sec. 78-1582--78-1600. Reserved.
ARTICLE XI.
WETLAi�iDS PROTECTION
DIVISION 1.
G�NERALLY
Sec. 78-1601. Purpose and intent.
(a) The purpose of this section is to recoanize, 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 �vith the aoals of the environmental protection plan �vithin the community manaaement plan. These
functions include, but are not limited to, sediment control, pollution control, filtration, fish and wild(ife habitat
and aquifer i•echar�e. The surface water manayement plan will provide Quidance foi• stormwater treatment
i�equireme�lts and �vetla�ld restoration opportunities in ordei•to protect the intearity of wetiands.
(b) The intent of this section is to protect wetlands to the maximwn e�tent possible �vhile allowina a
information will be submitted to the MCWD along with the comm�mity's plan of action to
correct the violation to the de�ree possible.
(3) The planning director shall notify the suspected party of the requirements of this article and all
othec official controls and the nature aild extent of the suspected violation of these controls. If the
struct�u•e and/or use is under construction or development, the plannin� director may order the
construction or development immediatefy halted until a proper permit or approval is granted by
the community. If the construction or development is already completed, then the plannin�
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 directoc within the
specified peciod of time, each additional day that lapses shall constitiite an additional violation of
this article and shall be prosecuted accordingly. The p(anning dicector 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.
(Oc-d. No. 28 3rd series, S l, 8-22-2005)
(2) A concept plan showing the ultimate use of the propei-ty;
(3) A gradina plan, in hacd copy format and a CAD or GIS format in Hennepin County coordinates,
with appropriate drainage calculations and erosion controls prepared by a re�istered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the proposed pe�•mit; and
(6) A MnRAM assessment approved by the MCWD.
(Ord. No. 28 3rd series, � l, 8-22-200�)
Sec. 78-1610. Alteration of wetlands.
(a) No alteration of land within a wetland overlay district or a wet(and buffer is allowed without a
wetlands alteration pennit, subject to recommendation by the plannin� commission and approval of the city
council. The planning commission must ho(d a public hearing after notifying the property owners within 350
feet of the property on ��-hich dle proposed alteration will occuc. Activities that constitute an alteration re;ulated
by this section include changes to the size, depth or contour of the wetlands or its buffer, dredjinQ, or alterations
of wetlands or buffer vebetation. Alterations do not include wetland plantin� or the selective clearin� or pruning
of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wet(and 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 distcict as the wetland being
altered. In detennining the appropciateness of an alteration request, the city councif will consider the size of the
total wetland district, the ma�nitude of the area proposed for alteration, the aesthetic, hydrological and
ecolo�ical effect, the type and function of wetlands involved, and such other factors as may be appropriate in
order to provide the maximum feasible pcotection to the wetlands. Application for a wetlands alteration permit
must be accompanied by such information as required by the city, including:
(l) A copy of the wetland replacement plan application submitted to the MCWD;
(2) A concept plan showin� the ultimate use of the property;
(3) A gradin� plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates.
with appropriate draina�e cafculations and erosion controls prepared by a re�istered en;ineer;
(4) A landscapin� or reveQetation plan:
(5) Such other infoi•mation as ir�ay be necessary or convenient to evaluate tlle pi•oposed permit; and
(6j A MnRANI assessment approved by the �v1Cw'D.
(Ord. No. ?8 3rd series. � l, 5-22-200�)
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 tlle propec-ty owner with rega►•ds to the wetland buffer; and pcohibit any building, pavin�,
mowin� (unless approved as a buffer management plan}, cuttin�, �llin�, dumpin�, yard waste disposal or
fertilizer appfication within the wetland and the buffei� area. The owner or developer must cecord these
easements or covenants with the final p(at, with deeds from a lot division or, if no subdivision is involved,
before the city issues a �radin� permit or building permit for an affected property. The applicant must submit
evidence that the easement oe covenant has been submitted to the county for recording.
(b) If the city council does not require an easement or covenant, the city may cecord a notice of the
wetland and buffer area requirements a;ainst the property. The property owner must still comply with the
requirements of this section.
(Ord. No. 28 3rd series, § l, 8-22-2005)
Sec. 78-1612. Wetland buffee- markers.
When new development or redevelopment restilts in multifamily residential or a business use, the
developer must place markers at the upland boundary of the wetland buffer edge at least eveiy 200 feet, subject
to city approvaL The developer must submit a location plan in hard copy format and a CAD or G1S format in
Hennepin County coordinates and must use unifoi�m markers provided by the city. The city will charge a
i•easonable cost for the markers and approve the locatian of the markers prior to irstallatian.
(Ord. No. 28 3rd series, § l, 8-22-2005)
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 �rants of variances or conditional uses)
shall constitute a misdemeanor and shall be punishable as defined by law.
(Ord. No. 28 3rd series, § l, 8-22-2005)
Sec. 78-1614. Authority/enforcement actions.
Nothing herein contained shall prevent the city from tal:ing such other lawful action as is necessary to
prevent or remedy any violation. Such actions may include but are not Iimited to:
(1) (n respondina to a suspected article violation, the planning director and the city may utilize the
f�ill array of enforcement actions available to it includina but not limited to prosecution and
fines, injunctions, after-the-fact permits, and/or orders for corrective measures to the guilty party.
(2j When an article viofation is either discovered by or broucht to the attention of the p(anning
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