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HomeMy WebLinkAboutwetland buffer ordinance �nu.�code Page 1 of 2 ,/. ����,,;� �Y;,������� � a�� ;�N '���+;it��re�e�� » �o�:��. ��: �� �;�� ��;= » Chapter78 -ZONING REGULATIONS »ARTICLE XI. -WETLANDS PROTECTION » DIVISION 3. BUFFER AREAS » _ _. DIVISION 3. BUFFER AREAS Sec. 78-1605.Wetland buffer areas and setbacks. Sec. 78-1605. Wetland buffer areas and setbacks. (a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD), which has rules and regulations for the establishment and maintenance of wetland buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of MCWD buffer regulations is in conflict with city regulations, the more restrictive requirements shall apply. (�) In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed District buffer rules do not provide for adequate separation between wetlands and buildings or other structures or surfaces, the city shall require setbacks from the delineated edge of a protected wetland as follows: Minimum distance setback from delineated edge of wetland to any building (principal or accessory) or other structure, hardcover, se tic s stems or wells: here no formal buffer exists and where MCWD does 35 feet not re uire a buffer here a formal buffer exists or where MCWD buffer is 35 feet or established buffer width plus 10 feet, re uired whichever is reater Areas within the required setback area subject to filling, grading or excavation as part of a construction project shall be revegetated immediately upon completion of such earthwork. Setbacks must be verified with wetland delineation information. The determination of whether a Level 1 delineation or Level 2 delineation is required shall be at the discretion of the planning director. Level 2 delineation information shall be provided on a certified certificate of survey. The requirement for delineation shall be applied in cases where the wetland exists within 150 feet of the proposed project. (d) The City of Orono has established wetland protection strategies in the Orono Surface Water Management Plan (SWMP) (January 2011). A protection classification has been assigned to https://library.municode.com/print.aspx?h=&clientID=13094&H"I'MRequest=https%3a%2fD/o2flibrary.municode.com%2fHT... 8/25/2014 �lunicode Page 2 of 2 , .. each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The city has also established additional protection requirements for each classification. The four protection classifications are described as follows: Protection usceptibility Description dditional Protection Requirements Ctassification Rating (B = Bounce = Change in water tevet due to runoff event) (P = Phos horus "Preserve" Highly Susceptible Highly susceptible to both quantity B: Maintain bounce at or below nd quality impacts from runoff; existing conditions ave the highest degree of P: Limit loadings to predevelopment rotection loadin 0.14 Lbs/Ac/Yr 'Manage 1" oderately oderately susceptible to quantity B: Maintain bounce at or below usceptible nd quality impacts; protection is existing conditions plus 0.5 foot less stringent than Preserve, P: Limit loadings to predevelopment rovides protection to maintain thei loadings times 2 (0.28 Lbs/Ac/Yr) haracteristics "Manage 2" lightly Less stringent protection than B: Maintain bounce at or below usceptible anage 1 wetlands; maintenance of existing conditions plus 1.0 foot haracteristics is desirable P: Limit concentration to predevelopment concentrations (200 b) "Manage 3" Least Susceptible etlands are significantly degraded B: No quantity requirement (e.g., cultivated or canary grass P: Limit concentration to 225 ppb onotype) or lack of wetland haracteristics; not typically 'mpacted by runoff; no quantity and nly limited quality treatment of unoff 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 shail be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. The Minnehaha Creek Watershed District required buffer area widths are based on the four protection classifications. (Ord. No. 28 3rd senes, § 1, 8-22-2005; Ord. No. 103 3rd senes, §2, 5-28-2013) https://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=https%3a%2f%2flibrary.municode.com%2fl-IT... 8/25/2014