HomeMy WebLinkAboutOrdinance regarding 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 MANAGEiVIENT
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.
WE'�'LANDS PRO�'�CTION
DIVISION 1.
GENERALL�'
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 guiciance ror stormwater treatt7ient requiremenis and wetlaiid restoration
opportwlities in order to protect the integrity of wetlands.
(b) The intent of this section is to protect wetlands to the maximum extent
possible while allowing a reasonable use of the property. This section adopts the
regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of
Mirulesota 1991, chapter 354, as an�ended, 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 allo�ved by other districts or the WCA.
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(c) This ordinance applies to, and wetland buffer areas must be created or
existin� 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 puiposes 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 eYisting 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 reconstniction 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 meanin� of `redevelopment' has the potential to adversely impact a
wetland.
For puiposes of this section, "the potential to adversely impact a wetland" eYists when all
of the followin�three conditions exist:
a. the portion of the property dist�irbed by construction or land alteration activity
drains to the wetland; and
b. the amount of grading exceeds �0 cubic yards or the construction activity involves
the disturbance of more than �,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 draina�e
patterns (slopes, meander patterns, etc) that the City Engineer determines will
increase the velocitv or rate of rtinofi to the wetland.
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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 Seusoncally 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 bottoin 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 Sl�allotiv Fresh Mar•slz: Soil is usually water logged durina
the growinb season, often covered with as much as six inches or more of
water. Vegetation includes grasses, bulrushes, cattails, arrowheads,
smartweeds anc� other emer�ent aquatic vegetation.
(4) Type -� Irzland Deep Fresh ��Irn�slz: Soil covered with siY inches to three
feet or more of water durin� �rowin� season. 'v"e�etation incluc'tes cattails,
reeds, bulrushes and wild rice. Open water areas may contain pondweeds.
naiads, coontail, ��ater milfoils and other submergent aquatic vegetation,
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(5) Type � Inland Open F��esh 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 Stivamp; 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 Wooc�ed Swanzp: 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 growin�
season and is often covered with as much as one foot of water. Vegetation
typical to this wetland includes tamarack, white cedar, blacic spruce,
balsam fir, red maple and black ash.
(8) Type 8 Bog: Occurs along sluggish streams, on flat perched depressions
and shallow lalce 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 tamaracic 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 lcept 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 Plannin� Director, who
may require review by City consultants or a Technical Evaluation Panel if
necessary. Approved WCA �vetland 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 �UCA �i�etland delineations shown on the official Cit}-
Wetland Map. Public �vaters are not included in the overlay district. unless a wetland is
part of a public �vater.
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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 af the property and field staking showing
the city-designated wetland contour or a delineation of the wetland, and such other
information as the director may require in order to resolve the dispute or uncertainty. The
Planning Director may require review by City consultants or a Technical Evaluation
Panel if necessary. No boundary change may be authorized on the basis of fill that was
placed on the site after the City designated the area as part of the wetland overlay
district. Persons aagrieved by a decision of the Planning Director may appeal such
decisioil in accordance with the provisions of Section 78-99 of this ordinance and the
WCA rules.
DIVISION 3.
BUFFER AREAS
Sec. 78-160� Wetland Buffer Areas.
(a} This subsection establishes requirements for wetland buffer areas around
protected wetlands. Buffer areas are necessary and beneficial to nlaintain 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 tl�rough 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 conjtmction with an approved'buffer management plan.
(1) Acceptable buffer areas shall have the following qualities:
a. A continuous ciense layer of perennial grasses that have been
uncultivated or unbrol:en 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 j consecutive years, or
c. A mi�ture of the plant commtlnities described in a, and b. above,
which have been uncultivated or unbrol<en for at least ten (lOj
consecutive vears.
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(2) Unacceptable buffer areas have the following qualities, including but not
limited to:
a. Undesirable plant species (including but not limited to reed canary
�ass, common buckthorn, puiple loosestrife, leafy spurge and
noxious weeds), or
b. Lacking a layer of or�anic thatch or duff, or
c. Topography which tends to channelize the flow of surface runoff;
or
d. Is characteristically tullikely 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
acceptable buffer area defined in Section 78-1605(b)(1), a restoration or
landscape plan must be subinitted to the Plaruzin� Director, which
restoration shall include, replanting and maintainin� accordin� to each of
the following guidelines:
a. Buffer areas shall be plaalted 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 jrass 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) pouncis 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 �rasses and forbs shall be planted by a qualified
contractor.
t. I�o fei-tilizer shali be useci in establishina new bufter zones, except
on highly disturbed sites ���hen deemed necessary to establish
acceptable buffer ve�etation and then limited to amounts indicated
bv an accredited soil testinQ laboratory.
Paae 6 of 2?
g. All seeded areas shall be mulched iinmediately with clean straw at
a rate of one and one half (1 '/z ) 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 fiinctional assessment for each wetland. The four
Protection Classifications are described as follows:
Protection Susceptibility Description
Classification Rating
Highly Highly susceptible to both quantity and quality impacts
"Preserve" Susce tible from runoff; have the hi�hest degree of protection
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 de�raded (e.g., cultivated or
"Mana�e 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 1<ept on file in the office of the City Clerlc and shall be available for public
review during all nonnal office hours. The followinQ are the required buffer area widths
for each Protection Classification: v
Width of Buffer Additional Protection Requirements
Protection Area from (B= Bounce=change in water level due to i�unoff event)
Classification Wetland (P= Phosphorus)
Boundary
"Preserve" JO feet B: Maintain bounce at or below existina conditions
I P: Limit loadin�s to predevelopment loadin;(0.14 Lbs./Ac/Yr)
"Mana�e 1 ' �J feet B: Maintain bounce at or below existing conditions plus 0.� foot
P: Limit loadings to predevelopment loadintrs times 2
� (0.28 Lbs/Ac/Yr)
� "N1an3ge ?" ' 2� feet B: Maintain bounce at or belo���existin�conditions plus 1.0 foot
I P: Limit concentration to predeveiopment concentrations(?00
b)
I "Mallaae �" � 16.� feet � B:No quantity requirement
I I i P: Limit concentration to?2� ppb
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(d) In cases of new development or redevelopment the City shall require that
ve�etation 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 detennine the amount of
allowable disturbance. The City may require a cash escrow or letter of credit equal to 150
percent of the cost to re-establish the buffer to its ori�inal condition.
(� The City may require buffer area plantin� 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
bucicthorn, upon obtaining a vegetation removal permit from the City in
conjunction with an approved buffer management plan.
(�) Ensure that all soil surfaces in the buffer area are planted with the
permitted veaetation and that there is no open soil surface that may result
in erosion.
(4) Enstu�e that livestocl: or other domesticated animals which have the
potential to permanently disturb the buffer area by compaction or
ve;etation removal be lcept from entering the buffer area and wetland by a
fence or other suitable means.
(h) The final upslope edQe of the buffer shall be provided to the City in a hard
copy anct in a CAD or GIS forniat in Hennepin County coordinates.
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(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) Docl<s which provide reasonable access to the lakeshore and do not eYceed
8' in width;
(�) Public and private flood control stnicnires, ponding and drainage facilities
and associated accessory appurtenances as approved by the City; or
(6) Enviroiunental monitoring or control facilities. includin� those related to
tivater quality and wildlife regulation.
(b) Within wetland buffer areas no land may be used e�cept for one or more
of the following uses:
(1) Native ve�etation, provided that no chanQe is made to the QI'OUI1Ci
elevation:
PaQe 9 of 22
(2) Wildlife and nature preserves;
(3} Boardwalks, docks or other reasonable access to the wetland not
eYceeding 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;
(�) Environmental rnonitoring 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, mailboYes and other equipment that
provides an essential public service;
(7) Retaining walls if the City detennines that the retaining wall will protect
the wetland from conditions of erosion, when approved as part of a
wetland pei7nit application.
Sec. 78-1607 Conditional �1ses.
(a) Within the wetland overlay districts and the wetland buffer areas no land
may be used for the following eacept 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 necessary stnictures;
(�) Other non-structural facilities similar to those peimitted 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
envirorunentally sensitive manner and wii_1 withstand periodic floodin�,
except for structures designed or used for habitation or the storage of
equipment.
(�j Unpaved hii:in�, si:iina and 'norsebach riding trails which comply witn
WCA standards. �
Pa�e 10 of 2?
(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 peimit will be conditioned upon approval of the
request by all other appropriate regulatory governmental agencies, includin� 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 �'OR TI�E 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 fhose 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, buildin� (other than a
boardwalk or docic), pavin�, mowin�, veaetation removal, filling,
dumpin�, 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 �rading 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, ��hich ever is more restrictive, or as
required by the City. This fencin� inust remain in place until all
development activities that ma�� affect the wetland and the wetland
buffer area have been finished and adequate ve�etative cover has
been established at�vhich time the fencina must be removed.
Paa� 1 1 nf 7�
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
servin� 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 setbacic 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, mailboYes, 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
retainin� walls.
(3) Nonconfornzities.
a. Effect of Wetland Boundary Expansion. An existing structure,
driveway or parl:ing 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 setbacic.
b. E�istin� Nonconformities. An existing structure, driveway or
parking area that does not meet the required setbacl: fi•om a City-
desi�nated wetland boundary or buffer area, is considered a leyal
nonconformina development.
PaQe 12 of 2?
c. Avoiding Future Nonconformities. In order to avoid the creation of
firture nonconformities, in situations where development,
redevelopment or construction activity does not trigger the
establislunent of a buffer, the following setbacks shall apply:
l. 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 existina structures or surfaces are located
within an area that would be required for establishment of a buffer
under this ordinance, alternative methods of wetland protection
may be approved by the City Council to avoid creatin�
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 batTels, etc.
See. 78-1609 iteaaaoval of L,ands fa-oaa� the Wet�ands Overlay D'astrict.
(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 Manaaement Plan and the goals and policies of
the Community NlanaQement Plan. In cietermining 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, hydrolo�ical and ecological effects and the
type and fimction of wetlands involved in order to provide the maximum feasible
protection.
(b) �Uetlands within an overlay district may only be removed according to
WCA rules and if at least an equal area of wetland replacement is created to compensate
for the wetland beina filled. Unless other���ise approved bv the City Council,
compensatory wetiand�area rmist be provided within Orono and WltlllIl the same
subwatershed (Painter's Creek, Lon� Lake Creek, Classen Creek, Lal:e Minnetonlca) as
the ��-etland beinQ altered, if available.
Pa�e 13 of?2
(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 �rading 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 peimit, subject to recorrunendation 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 �vhich 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 plantin� or the selective clearing or pruning of trees or vegetation that
are dead, diseased, noxious weeds or similar hazards. A wetland alteration perznit is not
required when a wetland district is rezoned to another zonin� classification.
(b) Alteration of land within a wetland overlay district will only be allowed if
water stora�e is provided in an amount compensatory to that removed. Unless otherwise
approved by the City Council, compensatoiy wetland area must be provided within the
same subwatershed dish�ict as the wetland beiil� 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 ecolo�ical effect, the type and function of wetlands im�olved, and such
other factors as may be appropriate in order to provide the maYimum feasible protection
to the wetlands. Application for a wetlands alteration permit must be accompanied by
such infonnation as required by the City, includina:
(1) A copy of the tivetland replacement plan application submitted to the
�VICWD:
PaQe 14 of 22
(2) A concept pian 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 infornzation 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 recordin�.
(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 ajainst the property. The
property owner must still comply with the requirements of this section.
Sec. 78-1012 ��etland Buifer 1l�arkers.
When new development or redevelopment results in multifamily residential or a
business use, the developer must place marl.ers at the upland boundary of the wetland
buffer ed�e 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 fonnat in Hennepin County
coordinates and must tise unifonn marl<ers provided by the City. The City will charge a
reasonable cost for the markers and approve the location of the markers prior to
installation.
Pa�e 1� of??
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 �rants of variances or conditional uses) shall constitute a misdemeanor and shall 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
lawfiil 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 Plaruling Director
and the City of Orono may utilize the full array of enforcement actions
available to it including bLlt 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 party 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 Plaru7in� Director may either: (1) issue an
order identifying the cot7ective actions that must be made within a
specified time period to bring the use or structure into compliance with the
official conti•ols; or (2) notify the responsible part}� to apply for an after-
the-fact pemlit/development approval within a specified period of time not
to e�ceed 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 or this Ordinance and snali
be prosecuted accordingly. The Plannin� Director shall also upon the
lapse of the specified response period notifv the landowner to restore the
land to the condition which existed prior to the violation of this Ordinance.
PaQe 16 of?2
SECTION 2. Municipal Zoning Code Section 78-1 is hereby amended by amending the
definition of Lot Area as follows:
"Lot a��ea means the area of a lot in a horizontal plane bounded by the lot lines,
but not iiicluding any area occupied by the waters of a duly recorded lake or river
or b �
•h' � + e�e�e���r^�� wetland or 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,
includin� horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, exclusive of one acre for the principal buildin�,
must be available for each animal unit, eYcept 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 lcept 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�' � �'�'�'�-�^�"'^ +"' " " wetlands
b .isuii va �i� '�b
as defined in Section 78-1602. Any person keepin� such animals must
comply with the provisions of this Code."
SEC'I'ION 4. Municipal Zonina 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 buildin�,
must be available for each animal unit, eYcept 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 � b " b ' � wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
� Pa�e 1 7 nf 2?
SECTION 5. Municipal Zoning Code Section 78-303(13) is hereby amended as follows:
"(13} The keepin� of doinestic 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, e�cept 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 pastuxe requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include '���� '���rb '�„ac , �'�'� �,. . ��+,,,.� �.. b,.� �b wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTION 6. Mlulicipal Zonin; Code Section 78-328(12) is hereby amended as follows:
"(12} The keeping of doinestic animals for noncorrunercial puiposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in ag�regate, 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 '^•�- '���rR ,�ra� , �'�'� �r r c*„r� ^ R wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SECTgO� 7. Municipal Zoning Code Section 78-348(13) is hereby amended as follows:
"(13) The keepina of domestic animals for noncommercial purposes,
including horses for the use of the occupants of the premises. A minimum
of one acre in agaregate, eYclusive of one acre for the principal buildinQ,
mtlst 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 l:ept stabled and do not require
pasture for feed purposes, the minimum pastLu•e requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage
shall not include '^��� '���•,� '�rac , ^'�'� �~ r �+„~n ^ rt�.��;n^ wetlands
as defined in Section 78-1602. Any person keepina such animals must
comply with the provisions of this Code,''
Paae 18 of 2?
SECTION 8. Municipal Zoning Code Section 78-367(13) is hereby amended as follows:
"(13) The keeping of domestic animals for noncommercial purposes,
includin� 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� '�^�'c � c^'�'� �" ���+��r� ^�� b�����^b 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 '� '� �� '�^�'c ^'�'� � n+„ �r „b wetlands
as defined in Section 78-1602. Any person keeping such animals must
comply with the provisions of this Code."
SEC'T'ION 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 1<ept stabled and do not require
pasture for feed ptu-poses, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acrea�e
shall not include '��•� '���r� '���'� , ��'�'� �r ^�c*„-� ^ r^ wetlands
as defined in Section 78-1602. Anv person keeping such animals must
comply with the provisions of this Code."'
Paoe 19 nf��
SECTION 11. Municipal Zoning Code Section 78-443(9) is hereby amended as follows:
"(9) The keeping of domestic animals for noncommercial purposes,
includin� horses for the use of the occupants of the premises. A minimum
of one acre in aggregate, eaclusive of one acre for the principal buildin�,
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 puzposes, the minimum pasture requirement may be
adjusted at the discretion of the cotmcil. Such minimum pasture acreage
shall not include '^��- '•��"� '^"�'n , c^'�'� �,. ��ct,�,-� ^ rb wetlands
as defined in Section 78-1602. Any person keeping such anitnals must
comply with the provisions of this Code."
SEC'TIOIi� 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 cr requi��ed wetland bzrffer or
buffer setback."
SEC'1CION 13. Municipal Zonin� 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 buildin�,
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 acrea�e
shall not include '^ 'T r� '^��'� ^'�'� � �*, r �X � wetlands
as defined in Section 78-160?. Any person keeping such animals must
comply with the provisions of this Code."
SE�'TI01o1 �4. Municipal Zoning Code Section 78-�68, first sentence, is hereby
amended as follow-s:
"Within any RS seasonal recreational district, no new lot or parcel shall be created
less than �.0 acres in dry-buildable lot area e�clusive of any �'��-�'��wetlands."
Pa�e 20 of?2
SECTION 15. Municipal Zoning Code Section 78-570(2) is hereby amended as follows:
"(2) Minimum setback from �es��ra�e�wetlands shall be:
a. Wells and sewage treatment systems, 75 feet.
b. All structures, land alteration or hard cover of any kind, �-6-�ee�
shall meet the setbacl< 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 nleaning as the °`protected wetlands"
defined in Section�R—�� 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 perinits, grading and fillin�perinits,
conditional use permits, variances and subdivision approvals:
(1) Grading or fillin� in any type 1 2, 3, 4, �, 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 banlc stabilization; and
f. Noteworthiness, includin� special qualities, such as historic
significance, critical habitat for endangered plants and animals, or
others.
This evaluation must also include a deterrnination of whether the wetland
alteration beinQ proposed requires permits, reviews or approvals by other
sections of �itv ordinances or bv other local scate or �ederal a�encies
includina but not limited to watershed districts, state departinent of natural
resources, or the United States Arnly Corps of Engineers."
Pana 71 nf 7')
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:
�,u-, ; 'C �;J'. L��i�,i/ ��� r'". ,(.l%�.(�'7�
�; ��.
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Summary published in the Lalcer and Pioneer newspapers the week of September 3, 2005.
PaQe 2? of 22