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2010-00564-WITHDRAWN
(-)41°.-41City of Orono 7Rac I- X USE°ONLY P.O.Box 66 Date Received: /A Permit# aWIO Sa.7 2750 Kelley Parkway Crystal Bay,MN 55323 0' "Amount: $ �C.U:P Filed �,''�� (952)2494600 1 \'�as�� 01( Approved By: SitePlan.Recommends. Approval ] Denial 0 '" " tN CITY OF ORONO -USER DEFINED/GENERAL PERMIT (All permits must be approved by the Building Official and/or Zoning Department) Site Address: 6/oo aZZ) G / Owner: 6i22 j,wt Mailing Address: 2/00 0G SQL /go) City: .6110 Zip: -S-5-3;23 ddb +'a - 7V7-006,e Home Phone: Alternate Phone: fir{ € ,; 36 ,' �, ..r � .��_:-_" � .._ x ,� � a��.u'�'" � `7 ' eta /� J /` / Contractor/App.: /F44 C��--,-v( , Contact Person: ,a/I�- /&4J ��� S ✓ r z/ s . Address: &)' 61X2 State License#: c.,2477'719 70 City: lc>i ysfec Zip: 5539Y Expiration Date: •7f40-zA za/7 Phone: 320 -2/2 ^ qq/y Alternate Phone: 32-o —?S'S/ frTnx. 4,.1 � _..,._... . ',PES OF USER JJ 1 INED ❑ Stairway to Lake ❑ Retaining Walls ❑ Temporary Trailer General-User Defined Surcharge General-User Defined Surcharge General-User Defined *(Per UBC) *(Per UBC) *$30.00 *Estimated Cost: $ *Estimated Cost: $ ❑ Docks-One Time(Non-Lake Mtka) loir Land Alteration ❑ Zoning Review General-User Defined Surcharge eneral-User Defined General-User Defined ❑ Commercial-(Per UBC) 0-500 Cubic Yards *For 0-75'Zone-$30.00 *Estimated Cost: $ $50.00(Needs Site Plan) General-User Defined ❑ 501+Cubic Yards ❑ Residential- $30.00 $50.00(Needs C.U.P.) ❑ Tree Removal General-User Defined *Within 0-75' -$30.00 I herby apply for a User Defined Permit and I acknowledge that the information above is complete and accurate;that the work will be in conformance with the Ordinances and Codes of the City and with the State Building Code;that I understand this is not a permit and work is not to start without a permit;and that the work will be in accordance with the approved plan. �,� ; „ <j� ��8-/O Applicant Date 0 Fill Calculations Thickness inches Diameter inches 4 uanti Yards Re. Footing#1 ,. 1 " _ ti1403.52 Footing#2 , N 1 .`°. ?IP1V 1 .� 0:00 Footing#3 111111111111.1181111111111121finingligtagfillif . Total Yards 403.52 60% 242.11 311/limos ,r ��� z . r,7,7,----1:,;-A, ` `/ v ,HPa / - =RECFJa•. • _QEZh I C / , iAlit ; to141.45 LBud.Id 0 1 .:,,, a:4 I �.:,. 121 joli gt. ,��{w Ka qtr ':r 4`/,,I I ire l/ i ‘1"?4,41.....),1 [ 4 I 4. .4....-_,_,t14.,% TILg f120+oII. —4 'r DIA �ynH —457.o _ . "_ 431,3 9 J� `// / a.. ;7 ..L.**1-7/-'-7' o{ / _- 2 —'=- -- .. .. `1 _... ....... _ _ _....... .... ..., __. con#eW LlwwNoN GMPhone:(320)485-2844 PROJECT NAME: DESCRIPTION: DRAWN BY: PO Box 660 II DATE: Winsted,MN 55395 � �'' � � �0L SCALE: RECEIVED JUL 14 2010 CITY OF ORONO ' GRADING PLAN -for-- RAM BUILDINGS S' NORTH • I • • 114.d 1::.;J; . . : . ` Cti air? 14- ....•til.,...--...,... 1* ........ --J.I A f 5.k..-. ...--..:',..v.-........... •-•-• .% ............. .. ... ..„_.... „ . .. . .. .... ...... .. . vim i I -::..:,.• . PROPOSED 60 DIA:•P . {^�• P11�•ELEY.�937.0 '• 12 IN.C /.g1LVERT ;��/ I M NerNL•Yn.-9317.••... c ' • • ....... ...... • ' 'Q thI iQ u £f PROEC7O• .® • � i I t— DRIVE war • ..... ..O . 7 *........ Main Yui - 6s•.. ......................... r7 • : r•!--5 ./ 12 IN I � 'IT • 2.33 _ .........45 , N88'32'15"W ... — Boundary & Topographic Survey done by others. RECEIVE) X1011.2 DENOTES EXISTING ELEVATION. PROPOSED ELEVATIONS: uJ� 1 4 2011 SI DENOTES WOOD HUB SET FOR LOCAL BENCHMARK. CTR OF PAD = 936.7 CITY OF ORai 0 PROPERTY ADDRESS: 1100 OLD CRYSTAL BAY ROAD, ORONO, MN 55391 Scale 1"= 60' 1. Denotes Iron Monument 1 IJob No. 10357MS lDrwg By KDN I hereby certify that this plan, survey or report was prepared by me I E O.RIIR SI SONS INC or under my direct supervision and that I am a duly Licensed Land ,l,pROFESSIONALLANDSURVEYORS Surveyor under the laws of the State of Minnesota. P.O.BOX 220 E. G. RUD & SONS, INC. HUTCHINSON,MN 55350 B • TEL(320)587-2025 Dated this 14th day of July, 2010. Minneso a Lic nse No.45356 FAX(3201 587.2595 www.egrua.com L-B That part of Government Lot 6 including the accretions thereto and that part of Government Lot 8,Section 9,Township 117,Range 23,described as follows:Commencing at the North Quarter Corner of said Section 9,thence South 0 degrees 18 minutes 18 seconds East(to the North line of said Section 9 having an assumed bearing of South 89 degrees 09 minutes 18 seconds East) a distance of 1950.90 feet,thence South 88 degrees 32 minutes 15 seconds East a distance of 1104.09 feet to the actual point of beginning,thence North 88 degrees 32 minutes 15 seconds East to the center line of County Road Number 84 thence northerly along said center line to its intersection with the South line of the North 156.75 feet of said Government Lot 8,thence easterly along said South line to East line of said Government Lot 8, thence northerly along said East line a distance of 156.75 feet more or less to the Northeast Corner of said Government Lot 8,thence easterly along the extension of the North line of said Government Lot 8 to its intersection with the southerly extension of a line drawn parallel with and 330 feet west from that part of the East line of said Seciton 9 which is North of the meander corner on the East Line of said Government Lot 6,thence southeasterly deflecting to the left 40 degrees from the southerly extension of the last described parallel line to the shore of French Lake thence southwestly and southerly along said shore line to its intersection with a line drawn from the Northeast Corner of Government Lot 4 in said Section 9 to a point which is on the line between the meander corner on the East line of Government Lof 5 in said section 9 and the meander corner on the east line of said Government Lot 6 a distance of 749.08 feet northerly from the East Quarter Corner of said Section,thence southwesterly along the last described line to its intersection with a line being South 84 degrees 47 minutes 35 seconds East from the acute'point of beginning,thence North 84 degrees 47 minutes 35 seconds West to beginning except road. (This legal description is from Hennepin County Tax Records) Melanie Curtis From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Monday, July 19, 2010 9:42 PM To: Melanie Curtis Cc: Amundsen, Darren T; Tom Kellogg Subject: RE: 1100 Old Crystal Bay Rd Attachments: image001.jpg; Wetland Boundary Exhibit.pdf; Melanie_JS^1100 Old Crystal Bay Road Wetland Review.docx; work 008.JPG Melanie, The site survey did not show the portion of the wetland that is south of the driveway. I staked the wetland boundary in the field that appeared to be missing and have sketched it on the attached drawing. The grading plan indicates that there is potential for approximately 5,600 square feet of disturbance. As you are aware if it is more then 5,000 square feet the requirements of the ordinance including buffers are triggered. I did not have anything to measure the actual area of disturbance and wrote a memo based on what the grading plan shows. The horse pad is going to drain directly to the wetland via a culvert so it is not the best location for the pad. Let me know if you have questions. Contact me by cell phone I will be at training until Thursday after lunch. John John Smyth Associate Direct 651-604-4708 Cell 651-775-5104 john.smythCa bonestroo.com #13onestroo 7/2 /441/ Visit the new Bonestroo.com to sign-up for SourceONE, �D our upcoming newsletter. t w"U • S From: Melanie Curtis [mailto:MCurtis©ci.orono.mn.us] Sent: Monday, July 19, 2010 9:25 AM To: Smyth, John R _U/��� Subject: 1100 Old Crystal Bay Rd l// ,/ What did you discover out at 1100 OCB Rd on Friday? 171/1 ?�/ Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCcaci.orono.mn.us Website: www.ci.orono.mn.us Summer Hours: (Monday, May 24th through Friday, September 3rd) M -Th 7:30 am to 5:00 pm and Fri 7:30 am to 11:30 am 1 Memorandum ii Bonestroo 2335 Highway 36 W St.Paul,MN 55113 Project: 1100 Old Crystal Tel 651-636-4600 To: Melanie Curtis gay Road South Date: 7-19-10 Fax 651-636-1311 From: John Smyth, CWD Client: Orono www.bonestroo.com Re: Wetland Compliance File No.: 139-08000 Background It is my understanding in 2003 the owners at 1100 Old Crystal Bay Road South received a permit from the Minnehaha Creek Watershed District (MCWD) to create a causeway to an island of upland within the wetland. One of the conditions of the permit was to create a 35 foot wetland buffer around the wetland. At a minimal wetland buffers are to be unmowed areas of uplands around the wetlands which are often seeded with native vegetation. In 2008 the property owners applied for a building permit to the City of Orono for three horse-related accessory buildings and associated driveway that totaled more then 5,000 square feet. It was noted that there was encroachment into the buffer required by the MCWD by mowing of the turf. On July 24, 2008 I met with Dr. Gunmit to review the location of the proposed buildings in relation to the wetland. Based on that review there was a slight swale that diverted drainage toward Old Crystal Bay Road rather then the wetland. Based on the proposed improvement not draining directly to the wetlands, we did not require wetland buffers per our ordinance, but it was my understanding that the 35 foot buffer required by the MCWD would be implemented. Wetland Review (Year 2010) Most of the wetland was delineated in 2003 and is shown on the Site Survey, however there is small portion of wetland that was not previously delineated. This portion of the wetland exists south of the driveway and proposed pad for horses. While on-site I installed lath with pink ribbon to provide an estimate of the wetland boundary for planning purposes. I have also sketched the wetland boundary on the attached Site Survey. The grading plan for the proposed pad for horses indicates the potential for approximately 5,600 square feet of disturbance. The pad for horses drains C:\Documents and Settings\mcurtis\Local Settings\Temporary Internet Files\Content.Outlook\6RMDF9G3\Melanie_J5^1100 Old Crystal Bay Road Wetland Review.docx [TNS 06-2010] Page 1 of 3 directly to the wetland via a culvert under the driveway. Due to a change from woodland and natural grasses to a graded pad for horses it has been determined that this will result in more impervious surface draining to the wetland. The pad for horses has been graded and the culvert is currently protected with silt fence so there should not be a discharge of sediment to the wetland. As designed the Wetland Ordinance buffer requirements are triggered. The wetland is classified as a Preserve and requires a 50 foot buffer along its entire length. Currently the buffer is predominately turf grass. Per Div. 3 Sec. 78-1605 (2) (a) turf grass is considered an undesirable plant species and will need to be removed and replaced with native vegetation. The applicant will need to submit a proposed landscaping plan for the buffer that includes the following. 1. Method of establishing native vegetation in buffer for areas. (MN BWSR Web Site — Publication: "Restoring & Managing Native Wetland and Upland Vegetation" source for options). 2. Species proposed to be seeded or planted. According to the ordinance Div. 3 Sec. 78-1605 (3) the seed mix must contain at least 12 pounds (PLS) per acre of native prairie grass seed and 5 pounds (PLS) per acre of native wildflower seed. The grass mixture must contain a minimum of four species while the wildflower mixture must contain a minimum of five species. (MN BWSR Web Site — Publication: "Restoring & Managing Native Wetland and Upland Vegetation" source for options). 3. A schedule of activities that are part of the management and maintenance for the removal of invasive species and the establishment of vegetation in the buffer shall be provided. Survey Requirements The current survey shows a buffer of 35 feet however based on the City Ordinance a 50 foot buffer is required. The Site Survey should be updated to reflect the additional wetland and buffer located on the property. Restriction and Covenant for Wetland and Buffer Per Section 78-1611 of the wetland ordinance the owner shall record Restriction and Covenants over the wetland and buffer with the property chain of title. A form with the language for the Restriction and Covenants is available from the City. Wetland Buffer Markers Formal buffer markers are not required for the proposed activity under the Ordinance, however it is recommended that the buffer is marked by the applicant C:\Documents and Settings\mcurtis\Local Settings\Temporary Internet Files\Content.Outlook\6RMDF9G3\Melanie_]S^1100 Old Crystal Bay Road Wetland Review.dooc [INS 06-2010] Page 2 of 3 so they can be avoided during native vegetation development and for review during the vegetation establishment period (approx. 2 years). Treatment Requirements Treatment requirements will be reviewed by the City Engineer. The proposed location of the horse pad is not in a good location to allow for treatment because it is located directly adjacent to a wetland and discharge from an existing pipe will flow to the wetland. Recommendations It is recommended that an escrow amount of $5,000 be collected to cover the cost of buffer development if not completed by the applicant as well as compliance checks. C\Documents and Settings\mcurtis\Local Settings\Temporary Internet Files\Content.Oudook\6RMDF9G3\Melanie 15^1100 Old Crystal Bay Road Wetland Review.docx [TNS 06-2010] Page 3 of 3 • Melanie Curtis From: Amundsen, Darren T [Darren.Amundsen@bonestroo.com] Sent: Saturday, July 17, 2010 4:03 PM To: Melanie Curtis Cc: Smyth, John R; Tom Kellogg Subject: RE: 1100 Old Crystal Bay Rd - Permit#2010-00564 Attachments: image001.jpg I talked to Rollie on Friday morning and tried to explain that an approved wetland delineation would be needed and that the city is looking to see if one is on file. He thought that there would be one from all of the previous work on the property, but the owners are out of town for the next two weeks and the work was started and sitting there exposed. I told him that I would check on the progress of the wetland delineation and get back to him Friday afternoon, but I had to leave. From my discussion with him, he has no idea of the process and what he or the owner needs to do. Again, I'm not 100% sure of the wetland location, but it is a preserve wetland with a 50' buffer. Options would be 1. Let him do what he want (not a likely option); 2. Have John do a site review to estimate the wetland and buffer locations.; 3. Have them go through an official delineation process with the district. The problem is, as I understand it is that the site is sitting exposed. I'm out all of this week(hopefully) but generally favor number 2. Darren Amundsen, PE Associate Direct 651-604-4894 Cell 651-775-5623 darren.amundsen@bonestroo.com Bonestroo Visit the new Bonestroo.com to sign-up for SourceONE, our upcoming newsletter. From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Friday, July 16, 2010 9:29 AM To: Amundsen, Darren T Cc: Smyth, John R; Kellogg, Tom P Subject: RE: 1100 Old Crystal Bay Rd - Permit #2010-00564 No wetland delineation that I could find. I even called MFRA to ask if they had a copy since they show the boundary on the survey. Melanie Cur-hs 952.249.4-627 I yvIcurfisaci.orono.Mn.us From: Amundsen, Darren T [mailto:Darren.Amundsen@bonestroo.com] Sent: Wednesday, July 14, 2010 6:14 PM To: Melanie Curtis Cc: Smyth, John R; Tom Kellogg Subject: RE: 1100 Old Crystal Bay Rd - Permit #2010-00564 Melanie, I took a quick look at the submitted materials, pulled up the aerial photos, and the checked the Orono wetland management classification map. The wetland map shows a preserve class wetland along the south property line and possibly extending to/over the driveway area near the proposed grading. The site plans do show a wetland on the property, but not in this area. Is there a current wetland delineation for the entire property. Looking at the aerials, the proposed grading could be in a preserve wetland or at least a preserve wetland buffer. If there isn't an approved wetland delineation, then this would have to go through the watershed district first. John, do you agree with my aerial/map wetland assessment? Darren Amundsen, PE Associate Direct 651-604-4894 Cell 651-775-5623 darren.amundsen@bonestroo.com ett Bonestroo Visit the new Bonestroo.com to sign-up for SourceONE, our upcoming newsletter. From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Wednesday, July 14, 2010 12:27 PM To: 'rollie@rambuildings.com' Cc: Amundsen, Darren T; Smyth, John R; 'survey@egrud.com' Subject: 1100 Old Crystal Bay Rd - Permit #2010-00564 Rollie Thank you for submitting a revised plan for 1100 Old Crystal Bay Rd. You submitted the attached cross section,fill calculations and "grading plan". The "grading plan" which was submitted is not a grading plan. The proposed 60-foot diameter pad was shown on the survey, however none of the proposed grading is reflected on the survey as required. I have copied our engineer(s) on this email to give them a head's up on this application. There is a large wetland on the property and this project may have wetland impacts. Please submit a revised survey which includes a grading plan as well as have the property owner sign the attached escrow agreement and submit it and a check for$2000. Feel free to contact me with any questions. Thank you Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis(c ci.orono.mn.us Website: www.ci.orono.mn.us Summer Hours: (Monday, May 24th through Friday, September 3rd) M - Th 7:30 am to 5:00 pm and Fri 7:30 am to 11:30 am 2 Iv 0 4. 0h 0 r �, CITY of ORONO 1 I _ �� Municipal Offices • 1 , t, 0 ''1 1 t�+ Street Address: Mailing Address: 4$EgH0* 2750 Kelley Parkway P.O. Box 66 • Orono, MN 55356 Crystal Bay, MN 55323-0066 July 21,2008 Frances Graham and Robert Gumnit 1100 Old Crystal Bay Road South Wayzata MN 55391 Dear Dr. Gomnit and Ms.Graham: The City's wetland protection regulations require creation of a wetland buffer in conjunction with a construction or land alteration project if all of these conditions exist: a. The portion of the property disturbed by construction or land alteration activity drains to the wetland. b. The amount of grading exceeds 50 cubic yards or involves the disturbance of more than 5,000 square feet. c. There is a net increase in impervious surfaces that drain to the wetland,new impervious surface is added closer to the wetland than existing impervious surfaces, or there is a change in drainage patterns that the City Engineer determines will increase the velocity or rate of runoff to the wetland. Your barn project would trigger the buffer creation requirement. A 50 foot buffer is required.(A copy of the wetland regulations is enclosed.) Because you had previously received a permit from the Minnehaha Creek Watershed District I hoped the buffer already existed. I obtained a copy of the permit from the MCWD and had the City's wetland consultant visit your property to determine if the vegetation in the 35 foot buffer area required by the MCWD met the City's standards. He indicates that only five to ten feet of acceptable vegetation is in place. This means that before the building permit for the barns is issued you must: 1. Submit a planting plan for the buffer area that complies with 78-1605(b). 2. Sign the enclosed wetland buffer easement and protective covenant. You need to provide the legal descriptions of the wetland and the wetland buffer as well as a survey showing the location of the buffer. 3. Provide an escrow to guarantee installation and survival of the buffer plantings. The amount will be determined when the wetland consultant reviews the plan. If you should have any questions feel free to contact me at 952-249-4623 or eturner@ci.orono.mn.us. Sincerely, 2...._\... Eve n Turner City Planner Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us (reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER INSTRUMENT made this day of , 2008, by and between Frances H. Graham and Robert J. Gumnit, husband and wife, the Grantors, and the CITY OF ORONO,a Minnesota municipal corporation("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a permanent flowage and conservation easement for the purposes set forth in this instrument, over, under, and across the wetland and wetland buffer as described in the legal description and site plan attached hereto as Exhibit A(the "easement premises"). The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree as follows: 1. That the following are prohibited in perpetuity within the wetland: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other devices intended to foster wildlife; and 2) docks or boardwalks when allowed by City ordinance and under a valid City permit. B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency. Grantors may remove brush, diseased or dead trees of any size, and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to 125005 1 the size, depth or contour of the wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. That the following are prohibited in perpetuity within the wetland buffer: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, fences, fireplaces, clothes line poles,playground equipment,roads or hardcover of any nature whatsoever, except: 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boardwalks when allowed by City ordinance and under a valid City permit; 3) retaining walls when allowed by City ordinance and under a valid City permit. B. Cutting, mowing or removing shrubs or other vegetation, and cutting or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency. Grantors may remove brush, diseased or dead trees of any size, and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 3. Maintenance of Wetland Buffer. The wetland buffer, surrounding the wetland and as shown in Exhibit A, shall be maintained by Grantors in perpetuity as an"acceptable buffer area" as described within City Ordinances, free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 4. Grantors for themselves, their heirs, successors and assigns, further grant the City 125005 2 the affirmative right, but not the obligation to do the following on the easement premises: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the easement premises at any time to enforce compliance with the terms of this instrument. 5. Grantors reserve for themselves and for their heirs, successors and assigns and their invitees, the right to enter upon the easement premises and to do and perform on the easement premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation consistent with a conservation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. 7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the City and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. 8. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and year set forth above. GRANTORS: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2008, by Robert J. Gumnit, husband of Frances Graham, a Grantor. 125005 3 • NOTARY PUBLIC • STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, by Frances H. Graham, wife of Robert Gumnit, a Grantor. NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone:(651)452-5000 MKB 125005 4 • MORTGAGE HOLDER CONSENT TO EASEMENT , which holds mortgages on all or part of the property more particularly described in the foregoing Grant of Conservation Easement, which mortgages are dated , and recorded as Document No. of the County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Conservation Easement. BY: Its AND Its STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, by and by the and of , on its behalf. NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone:(651)452-5000 MKB 125005 5 EXHIBIT A DESCRIPTION OF WETLAND AND WETLAND BUFFER WETLAND: WETLAND BUFFER: (Attach Survey) 125005 6 §78-1577 ORONO CITY CODE to be placed on any private ground Sec. 78-1580. Traffic control. any garbage, sewage, waste, debris, The traffic generated by any use shall be chan- carcass, or other substance or mat- nelized and controlled in a manner that will avoid ter which is offensive or unhealthy congestion on public streets, safety hazards or by decomposition unless the same be excessive traffic through residential streets.Vehi- buried at least three (3) feet under des backing from a parking space shall not back the surface of the ground; provided, into the public street. No access drive to any lot that the use of manure and phospho- shall be located within 20 feet of any two inter- rous free fertilizer in the normal secting street right-of-way lines. course for agriculture or horticulture (Code 1984, § 10.60(16)) is permitted. Cross reference—Traffic and vehicles,ch.66. (Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1, 9-10-2001; Ord. No. 4 3rd series, § 2, 11-11- Sec. 78-1581. Radiation, electrical distur- 2003; Ord. No. 21 3rd series, § 1, 11-8-2004; Ord. bance. No. 29 3rd series, §§ 1-3, 10-24-2005) No activities shall be permitted that emit dan- gerous radio activity beyond enclosed areas.There Sec. 78-1578. Waste materials. shall be no electrical disturbance adversely affect- ing the operation of any point of any equipment, Waste material shall not be washed into the including but not limited to radio and television public storm sewer system nor the sanitary sew- reception other than that of the creator of the erage system without first having received a disturbance. permit to do so from the city If the permit is not (Code 1984, § 10.60(17)) granted, a method of disposal shall be devised which will not require continuous land requisition Sec. 78-1582-78-1600. Reserved. for permanent operation and will not cause a detrimental effect to the adjacent land. Should ARTICLE XI. WETLANDS PROTECTION the waste be of solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view. In all districts, all DIVISION 1. GENERALLY waste material,debris,refuse,garbage,materials not currently in use for construction or otherwise Sec. 78-1601. Purpose and intent. regulated in this section shall be kept in an (a) The purpose of this section is to recognize, enclosed building or properly contained in a closed preserve and protect the environmental,aesthetic container for such purposes. The owner of vacant and hydrologic functions of the city's wetlands by land shall be responsible for keeping such vacant regulating the use of wetlands and their adjacent land free of waste material and noxious weeds. properties in conjunction with the goals of the (Code 1984, § 10.60(14)) environmental protection plan within the commu- Cross reference—Solid waste,ch.50. nity management plan. These functions include, but are not limited to, sediment control,pollution Sec. 78-1579. Drainage. control, filtration, fish and wildlife habitat and aquifer recharge.The surface water management No land shall be developed and no use shall be plan will provide guidance for stormwater treat- permitted that results in water runoff causing ment requirements and wetland restoration op- flooding, or erosion on adjacent properties. Such portunities in order to protect the integrity of runoff shall be properly channeled into a storm wetlands. drain, watercourse, ponding area or other suit- (b) The intent of this section is to protect able facility. wetlands to the maximum extent possible while (Code 1984, § 10.60(15)) allowing a reasonable use of the property. This Supp.No.3 CD78:232 ZONING REGULATIONS §78-1602 section adopts the regulations and standards of b. The amount of grading exceeds 50 the Wetland Conservation Act of 1991. (WCA), cubic yards or the construction activ- Laws of Minnesota 1991,chapter 354,as amended, ity involves the disturbance of more and the rules adopted pursuant to the WCA. It than 5,000 square feet of area; and also establishes a wetland overlay district. This c. The redevelopment activity results overlay district further regulates the underlying in a net increase in the square foot- land use as allowed by other districts or the WCA. age of impervious surfaces that drain (c) This article applies to, and wetland buffer to the wetland, or results in the areas must be created or existing buffer areas relocation of impervious surfaces must be maintained around, a protected wetland closer to the wetland, or results in located partially within,wholly within,or directly changes to drainage patterns(slopes, adjacent to the property in the following situa- meander patterns, etc)that the city tions: engineer determines will increase the (1) When the wetland is required to be re- velocity or rate of runoff to the placed or restored,or when the wetland is wetland. being altered; For new development,all wetlands on the (2) When new development occurs. For pur- property shall be subject to the buffer poses of this subsection,new development requirements.For redevelopment or other means: grading or construction situations that a. Any subdivision that creates a new are not new development,only the wetland lot that has no principal structure on that is potentially adversely impacted shall it; be subject to the buffer requirement. In the event that the wetland is on an adja- b. Construction of a principal structure cent property but near enough to the on an existing vacant parcel of land; subject property so that buffers to said (3) When redevelopment occurs that has the wetland would extend into the subject potential to adversely impact a wetland. property, the buffer requirements apply. For purposes of this subsection redevelop- (Ord. No. 28 3rd series, § 1, 8-22-2005) ment means the removal of the principal structure to the extent of more than 50 DIVISION 2. DESIGNATION OF PROTECTED percent of its market value and volume WETLANDS and reconstruction on the same property This requirement does not apply if con- struction is the result of less than 75 Sec. 78-1602. Wetland types. percent of the building being damaged by The wetlands protected and regulated by this an involuntary force,such as fire,wind,or section are types 1,2,3,4,5,6, 7,and 8 wetlands, vandalism; as defined in circular 39, 'Wetlands of the United (4) When any construction or land alteration States", 1971 edition, United States Department activity that does not fall within the mean- of the Interior, unless the wetland is within a ing of'redevelopment'has the potential to shoreland district in which case the more restric- adversely impact a wetland. tive rules regarding setbacks would apply. Pro- For purposes of this section, "the poten- tatted wetlands are further defined as follows: tial to adversely impact a wetland" exists (1) Type 1—Seasonally flooded basins or when all of the following three conditions floodplain: Type 1 wetlands are season- exist: ally flooded basins or flats in which soil is a. The portion of the property dis- covered with water or is waterlogged dur- turbed by construction or land alter- ing variable seasonal periods but usually ation activity drains to the wetland; is well-drained during much of the grow- and ing season.Type 1 wetlands are located in Supp.No.3 CD78:233 §78-1602 ORONO CITY CODE depressions and in overflow bottom lands season and is often covered with as much along water courses. Vegetation varies as one foot of water.Vegetation typical to greatly according to the season and dura- this wetland includes tamarack, white tion of the flooding, and includes bottom cedar,black spruce,balsam fir,red maple land hardwoods, as well as herbaceous and black ash. plants. (8) Type 8—Bog: Occurs along sluggish (2) Type 2-Inland fresh meadow:Occurs along streams, on flat perched depressions and the shallow edges of lakes, marshes and shallow lake basins. The soil is water- floodplain,or in perched depressions.The logged and supports a spongy covering of soil is usually without standing water mosses.Vegetation typical to this wetland during much of the growing season,but is type includes sphagnum moss, heath waterlogged within at least a few inches shrubs and sedges. Minnesota bogs con- of the surface.Vegetation includes grasses, tarn leatherleaf, Labrador tea, cranber- sedges, rushes and various herbaceous ries and pitcher plants.Scattered stunted plants. black spruce and tamarack also are com- mon features of bogs. (3) Type 3-Inland shallow fresh marsh: Soil (Ord. No. 28 3rd series, § 1, 8-22-2005) is usually water logged during the grow- ing season,often covered with as much as six inches or more of water. Vegetation Sec. 78-1603. Boundaries of the wetland includes grasses, bulrushes, cattails, ar- overlay districts and designa- rowheads, smartweeds and other emer- tion of official city wetland gent aquatic vegetation. map. (4) Type 4-Inland deep fresh marsh: Soil This section establishes wetland overlay dis- covered with six inches to three feet or tricts. These districts are subject to additional more of water during growing season. requirements beyond those required by the WCA. Vegetation includes cattails, reeds, bul- The boundaries of the wetland overlay districts rushes and wild rice. Open water areas are identified graphically on the official city wetland may contain pondweeds,naiads, coontail, map (CWM) which is hereby adopted by refer- water milfoils and other submergent ence, a copy of which shall be kept on file in the aquatic vegetation. office of the city clerk and shall be available for public review during all normal office hours. (5) Type 5—Inland open fresh water:Water is Wetlands in addition to those shown on the city usually less than ten feet deep and is wetland map may exist, and may be identified by fringed by a border of emergent vegeta- wetland delineations under WCA rules. If a spe- tion. Vegetation includes pondweeds, na- cific wetland delineation has been done under fads, coontail, water milfoils and other WCA rules, then the boundaries of the wetland submergent aquatic vegetation. overlay district for that location will be as shown (6) Type 6—Shrub swamp:Occurs along slug- the delineation. The city may require wetland gish streams or on floodplain. The soil is delineations to determine compliance with WCA usually waterlogged during the growing rules and to determine administrative wetland season, and is often covered with as much boundaries; however, property owners may have as six inches of water.Vegetation includes wetland delineations done for their properties on alder, willow and dogwood. their own initiative.The delineation must be done by a qualified professional according to WCA (7) Type 7—Wooded swamp:Occurs along slug- rules and be acceptable to the planning director, gish streams,on floodplain,on flat perched who may require review by city consultants or a depressions and in shallow lake basins. technical evaluation panel if necessary.Approved The soil is waterlogged to within a few WCA wetland delineations must be provided to inches of its surface during the growing the city in a hard copy format and a CAD or GIS Supp.No.3 CD78:234 ZONING REGULATIONS §78-1605 format in Hennepin County coordinates.The plan- or vegetation removal within a buffer area is not ning director will have the approved WCA wetland allowed unless the city has issued a permit for delineations shown on the official city wetland such activity in conjunction with an approved map. Public waters are not included in the over- buffer management plan. lay district, unless a wetland is part of a public (1) Acceptable buffer areas shall have the water. following qualities: (Ord. No. 28 3rd series, § 1, 8-22-2005) a. A continuous dense layer of peren- Sec. 78-1604. Interpretation of wetlands nial grasses that have been unculti- boundaries. vated or unbroken for at least ten Whenever a wetland boundary is disputed or consecutive years, or uncertain, the planning director may require the b. An over story of trees and/or shrubs submission of a registered survey of the property with at least 80 percent canopy do- and field staking showing the city-designated sure that have been uncultivated or wetland contour or a delineation of the wetland, unbroken for at least ten consecutive and such other information as the director may years, or require in order to resolve the dispute or uncer- c. A mixture of the plant communities tainty. The planning director may require review described in a. and b. above, which by city consultants or a technical evaluation panel have been uncultivated or unbroken if necessary. No boundary change may be autho- for at least ten consecutive years. rized on the basis of fill that was placed on the site after the city designated the area as part of the (2) Unacceptable buffer areas have the fol- wetland overlay district. Persons aggrieved by a lowing qualities,including but not limited decision of the planning director may appeal such to: decision in accordance with the provisions of a. Undesirable plant species(including section 78-99 of this chapter and the WCA rules. but not limited to reed canary grass, (Ord. No. 28 3rd series, § 1, 8-22-2005) common buckthorn,purple loosestrife, leafy spurge and noxious weeds), or DIVISION 3. BUFFER AREAS b. Lacking a layer of organic thatch or duff, or Sec. 78-1605. Wetland buffer areas. c. Topography which tends to channel- (a) This subsection establishes requirements ize the flow of surface runoff, or for wetland buffer areas around protected wetlands. d. Is characteristically unlikely to re- Buffer areas are necessary and beneficial to main- tain nutrients and sediment. tain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering (3) Buffer areas which have been broken or sediment, chemicals and other nutrients from cultivated within the past ten consecutive runoff that drains into wetlands.Buffer areas can years must be restored to a condition improve the biological diversity and health of a consistent with an acceptable buffer area wetland environment while reducing the adverse defined in section 78-1605(b)(1), a resto- impacts of human activities. ration or landscape plan must be submit- (b) Buffer areas regulated by this section are ted to the planning director, which resto- areas of vegetative cover that are upland of the ration shall include, replanting and wetland edge, and that occur in a natural condi- maintaining according to each of the fol- tion or through restoration. Buffer areas consist lowing guidelines: of shrubbery and trees, native grasses and/or a. Buffer areas shall be planted with a forbs that are not mowed,fertilized or manicured seed mix containing 100 percent pe- in any manner. Mowing, fertilizing, manicuring, rennial native plant species, except Supp.No.3 CD78:235 §78-1605 ORONO CITY CODE for a one-time planting of an annual e. Native prairie grasses and forbs shall nurse or cover crop such as oats or be planted by a qualified contractor. rye. f. No fertilizer shall be used in estab- b. The seed mix to be used shall consist lishing new buffer zones, except on of at least 12 pounds pure live seed highly disturbed sites when deemed (PLS)per acre of native prairie grass necessary to establish acceptable seed and five pounds PLS per acre of buffer vegetation and then limited to native forbs. Native prairie grass amounts indicated by an accredited and native forb mixes shall contain soil testing laboratory. no fewer than four and five species g. All seeded areas shall be mulched respectively. immediately with clean straw at a rate of one and one-half tons per c. The annual nurse or cover crop shall acre.Mulch shall be anchored with a be applied at a rate of 20 pounds per disk or tackifier. acre. h. Buffer areas (both natural and cre- d. Native shrubs and or trees may be ated),shall be protected by silt fence used in addition to forbs and grasses. during construction and the fence Shrubs shall be distributed so as to shall remain in place until the area provide a natural appearance and crop is established, and at that time shall not be planted in rows. the fence shall be removed. (c) Buffer area widths will be based on the wetland protection strategies established in the Orono Surface Water Management Plan(SWMP)(December 2002).A protection classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The four protection classifications are described as follows: Protection Susceptibility Classification Rating Description "Preserve" Highly Highly susceptible to both quantity and quality impacts from runoff; Susceptible have the highest degree of protection "Manage 1" Moderately Moderately susceptible to quantity and quality impacts;protection is less Susceptible stringent than Preserve, provides protection to maintain their charac- teristics "Manage 2" Slightly Less stringent protection than Manage 1 wetlands; maintenance of Susceptible characteristics is desirable "Manage 3" Least Wetlands are significantly degraded (e.g., cultivated or canary grass Susceptible monotype) or lack of wetland characteristics; not typically impacted by runoff;nno quantity and only limited quality treatment of runoff is ed The protection classification for each wetland will be found on the "Wetland Management Classifica- tion Map&List"which is hereby adopted by reference,a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. The following are the required buffer area widths for each protection classification: Width of Buffer Area from Additional Protection Requirements Protection Wetland B=Bounce =Change in water level due to runoff event) Classification Boundary (P=Phosphorus) "Preserve" 50 feet B: Maintain bounce at or below existing conditions P: Limit loadings to predevelopment loading(0.14 LbsJAc/Yr) Supp.No.3 CD78:236 ZONING REGULATIONS §78-1605 Width of Buffer Area from Additional Protection Requirements Protection Wetland (B =Bounce= Change in water level due to runoff event) Classification Boundary (P=Phosphorus) "Manage 1" . 35 feet B:Maintain bounce at or below existing conditions plus 0.5 foot P:Limit loadings to predevelopment loadings times 2(0.28 Lbs/Ac/Yr) "Manage 2" 25 feet B: Maintain bounce at or below existing conditions plus 1.0 foot P: Limit concentration to predevelopment concentrations(200 ppb) "Manage 3" 16.5 feet B: No quantity requirement P: Limit concentration to 225 ppb (d) In cases of new development or redevelop- implementing buffer management plans, ment the city shall require that vegetation in the which may include mowing,burning, and wetland buffer be installed prior to the issuance the use of herbicides. of the certificate of occupancy.The city may waive this requirement in lieu of a cash escrow or letter (2) Maintain only the permitted vegetation in of credit equal to 150 percent of the cost to install the buffer area and must remove all nox- the required buffer. ious weeds and invasive, non-native spe- cies such as European buckthorn, upon (e) The city may allow the disturbance of an obtaining a vegetation removal permit existing buffer area during the course of construc- from the city in conjunction with an ap- tion activity. This disturbance must be kept to a proved buffer management plan. minimum, soils must be decompacted to a level (3) Ensure that all soil surfaces in the buffer that will accommodate root growth,and the buffer area are planted with the permitted veg- area must be re-established as required by the etation and that there is no open soil city The city will determine the amount of allow- surface that may result in erosion. able disturbance. The city may require a cash escrow or letter of credit equal to 150 percent of (4) Ensure that livestock or other domesti- the cost to re-establish the buffer to its original cated animals which have the potential to condition. permanently disturb the buffer area by compaction or vegetation removal be kept (f) The city may require buffer area planting from entering the buffer area and wetland and maintenance when the city determines that by a fence or other suitable means. there is inadequate vegetation in the buffer area to meet the intent of this section. The city may (h) The final upslope edge of the buffer shall be require a cash escrow or letter of credit equal to provided to the city in a hard copy and in a CAD 150 percent of the estimated cost of the vegetation or GIS format in Hennepin County coordinates. and installation. The escrow or letter of credit must be valid for up to two years and may be used (i) Golf course partial exemption. Public and by the city to replace any vegetation that dies. private golf courses existing and in operation on the date of adoption of this article shall be allowed (g) The affected property owner or homeowner a partial exemption from buffer creation and association that is responsible for the mainte- maintenance requirements with regards to mow- nance must: ing or cutting buffer vegetation in areas subject to golf play, subject to the following: (1) Maintain and repair damage to buffer areas from such activities as mowing, (1) At such time that this article requires cutting,grading or other prohibited activ- establishment of a buffer, applicant shall ities, unless mowing is approved by the submit a certificate of survey identifying city as a buffer management plan.Permis- the location, size and type of the wetland sion must be obtained from the city before for which buffer exemption is requested. Supp.No.3 CD78:237 §78-1605 ORONO CITY CODE (2) Applicant shall submit a buffer manage- (4) Public and private flood control strut ment plan for city council approval, iden- tures,ponding and drainage facilities and tifying those areas where exemption is associated accessory appurtenances as ap- requested and providing for alternative proved by the city; methods of wetland protection equivalent to an unmowed buffer. (5) Environmental monitoring or control fa- (Ord. No. 28 3rd series, § 1, 8-22-2005) cilities, including those related to water quality and wildlife regulation; DIVISION 4. USES (6) Overhead utility poles and lines that are less then two feet in diameter, under- Sec. 78-1606. Permitted uses. ground utility lines and distribution equip- ment, light poles, traffic signals, traffic (a) Within the wetland overlay districts no regulatory signs, mailboxes and other land may be used except for one or more of the equipment that provides an essential pub- following uses: lic service; (1) Native wetland vegetation, provided that (7) Retaining walls if the city determines no change is made to the ground eleva- that the retaining wall will protect the tion; wetland from conditions of erosion,when approved as part of a wetland permit (2) Wildlife and nature preserves; application. (Ord. No. 28 3rd series, § 1, 8-22-2005) (3) Overhead utility lines and poles that are less than two feet in diameter; Sec. 78-1607. Conditional uses. (4) Docks which provide reasonable access to the lakeshore and do not exceed eight feet (a) Within the wetland overlay districts and in width; the wetland buffer areas no land may be used for the following except by conditional use permit (5) Public and private flood control struc- and except in conformance with the standards tures,ponding and drainage facilities and specified in section 78-1608 of this article: associated accessory appurtenances as ap- proved by the city; or (1) Private and public recreational uses, in- cluding golf courses, impervious trails, (6) Environmental monitoring or control fa- picnic grounds and boat ramps; cilities, including those related to water quality and wildlife regulation. (2) Public utilities,including necessary struc- tures; (b) Within wetland buffer areas no land may (3) Other non-structural facilities similar to be used except for one or more of the following those permitted by this section which also uses: meet the intent of this section, as deter- (1) Native vegetation,provided that no change mined by the city; or is made to the ground elevation; (4) Public structures associated with recre- (2) Wildlife and nature preserves; ational uses permitted by this section or by section 78-1606 of this section that are (3) Boardwalks, docks or other reasonable designed in an environmentally sensitive access to the wetland not exceeding eight manner and will withstand periodic flood- feet in width,poles that are less than two ing,except for structures designed or used feet in diameter to be used for boardwalks for habitation or the storage of equip- and bridges; ment. Supp.No.3 CD78:238 ZONING REGULATIONS §78-1608 (5) Unpaved hiking, skiing and horseback native vegetation,such as European riding trails which comply with WCA stan- buckthorn and noxious weeds, may dards. be removed by obtaining a vegeta- (b) No conditional use permit will be granted tion removal permit from the city unless its approval will not adversely impact d. Before grading or construction near wetlands,the wetland buffer area,and surround- a wetland overlay district or buffer ing properties, the intent of this article or the area, the owner or contractor must goals and policies of the community management place erosion control fencing on the plan. If applicable, granting of a conditional use upland side of the perimeter of the permit will be conditioned upon approval of the wetland overlay district or wetland request by all other appropriate regulatory gov- buffer area, which ever is more re- ernmental agencies, including but not limited to strictive, or as required by the city. the Minnehaha Creek Watershed District(MCWD), This fencing must remain in place the Lake Minnetonka Conservation District until all development activities that (LMCD), or the Minnesota Department of Natu- may affect the wetland and the ral Resources. wetland buffer area have been fin- (Ord. No. 28 3rd series, § 1, 8-22-2005) ished and adequate vegetative cover has been established at which time DIVISION 5. STANDARDS FOR THE the fencing must be removed. WETLAND OVERLAY DISTRICT, BUFFER e. All structures must have a mini- AREAS AND NEIGHBORING LANDS mum basement floor elevation not less than one foot above the 100-year Sec. 78-1608. Standards. flood elevation. The following standards apply to all land within f. All hard-surface runoff must be the wetland overlay districts, wetland buffer ar- treated in accordance with the re- eas, and to neighboring lands: quirements of the city and the appro- priate watershed district.Treatment (1) Protection of wetlands and wetland buffer may include site retention, skim- areas. mers, weirs or sedimentation ponds a. Except as modified or regulated by of appropriate scale. Structures and the standards of this subsection, all ponds serving this purpose must be requirements of the underlying zon- properly maintained and serviced by ing district apply. the property owner. b. No structures are allowed in the g. Discharge into the wetlands must wetland overlay districts,or wetland occur at a rate no greater than al- buffer area except those allowed as lowed by the city engineer in accor- of right or by conditional use permit dance with the city's surface water by sections 78-1606 or 78-1607 of management plan and the appropri- this article. ate MCWD requirements. c. Activities including, but not limited (2) Setbacks. to,building(other than a boardwalk a. All buildings (principal and acces- or dock),paving,mowing,vegetation sory), must be setback at least 20 removal,filling,dumping,yard waste feet from the upslope edge of the disposal or fertilizer application are wetland buffer. Exceptions: Play prohibited, except that certain such structures(including sport court type activities may be permitted when structures), grade-level decks, patio approved by the city as a buffer slabs,driveways,sidewalks and park- management plan. Invasive non- ing lots. Supp.No.3 CD78:239 §78-1608 ORONO CITY CODE b. A setback from the buffer area is not section 78-1608(2Xa)above shall required for overhead utility poles maintain a setback from the and lines that are less than two feet delineated wetland boundary in diameter,underground utility lines equivalent to the width of the and distribution equipment, light buffer area per the chart in poles, traffic signals, traffic regula- [section] 78-1605(c). tory signs,mailboxes,entrance mon- uments meeting section 78-1405(8) d. Buffer flexibility. Where existing and other equipment that provides structures or surfaces are located an essential public service. within an area that would be re- c. A setback from the buffer area is not gaited for establishment of a buffer required for fences or retaining walls. under this article, alternative meth- ods of wetland protection may be (3) Nonconformities. approved by the city council to avoid a. Effect of wetland boundary expan- creating unreasonable impacts on the sion. An existing structure, drive- existing use of a property.Such meth- way or parking area meeting the ods may include but are not limited required setback from a city-desig- to buffer width averaging, redirec- nated wetland boundary or buffer tion of drainage to an area where area is considered a legal noncon- buffer is feasible, use of rain gar- forming development if a later dens, cisterns or rain barrels, etc. wetland delineation or implementa- (Ord. No. 28 3rd series, § 1, 8-22-2005) tion of a wetland buffer shows that the wetland or its buffer is closer Sec. 78-1609. Removal of lands from the than the required setback. wetlands overlay district. b. Existing nonconformities. An exist- ing structure, driveway or parking (a) Removal of wetlands from a wetland over- area that does not meet the required lay district (i.e. by filling, etc) requires a zoning setback from a city-designated amendment and an amendment of the official city wetland boundary or buffer area, is wetland map. The amendments must be made considered a legal nonconforming de- pursuant to the provisions of section 78-43 of this velopment. chapter and WCA replacement rules.These amend- c. Avoiding future nonconformities. In ments must be consistent with the purpose of this order to avoid the creation of future article,the city's surface water management plan nonconformities,in situations where and the goals and policies of the community development, redevelopment or con- management plan. In determining the appropri- struction activity does not trigger ateness of a rezoning request,the city council will the establishment of a buffer, the consider the size of the wetland overlay district, following setbacks shall apply: the magnitude of the area proposed for removal, hydrological and ecological effects and the type 1. All new buildings shall main- and function of wetlands involved in order to tain a setback from a delin- provide the maximum feasible protection. eated wetland boundary equiv- alent to the width of the buffer (b) Wetlands within an overlay district may area per the chart in section only be removed according to WCA rules and if at 78-1605(c)plus the required 20 least an equal area of wetland replacement is foot buffer setback. created to compensate for the wetland being filled. 2. All new non-structural imper- Unless otherwise approved by the city council, vious surfaces and those struc- compensatory wetland area must be provided tures listed as exceptions in within Orono and within the same subwatershed Supp.No.3 CD78:240 ZONING REGULATIONS §78-1611 (Painter's Creek,Long Lake Creek,Classen Creek, council, compensatory wetland area must be pro- Lake Minnetonka)as the wetland being altered,if vided within the same subwatershed district as available. the wetland being altered. In determining the appropriateness of an alteration request, the city (c) In addition to application requirements, council will consider the size of the total wetland • the city may require submission and approval of district, the magnitude of the area proposed for the following information: alteration,the aesthetic,hydrological and ecolog- (1) A copy of the wetland replacement plan ical effect, the type and function of wetlands application submitted to the MCWD; involved, and such other factors as may be appro- (2) A concept plan showing the ultimate use priate in order to provide the maximum feasible of theproperty; protection to the wetlands. Application for a wetlands alteration permit must be accompanied (3) A grading plan,in hard copy format and a by such information as required by the city; in- CAD or GIS format in Hennepin County cluding: coordinates,with appropriate drainage cal- culations and erosion controls prepared (1) A copy of the wetland replacement plan by a registered engineer; application submitted to the MCWD; (4) A landscaping or revegetation plan; (2) A concept plan showing the ultimate use of the property; (5) Such other information as may be neces- (3) A grading plan,in hard copy format and a sary or convenient to evaluate the pro- CAD or GIS format in Hennepin County posed permit; and coordinates,with appropriate drainage cal- (6) A MnRAM assessment approved by the culations and erosion controls prepared MCWD. by a registered engineer; (Ord. No. 28 3rd series, § 1, 8-22-2005) (4) A landscaping or revegetation plan; Sec. 78-1610. Alteration of wetlands. (5) Such other information as may be neces- sary or convenient to evaluate the pro- (a) No alteration of land within a wetland posed permit; and overlay district or a wetland buffer is allowed without a wetlands alteration permit, subject to (6) A MnRAM assessment approved by the recommendation by the planning commission and MCWD. approval of the city council. The planning com- (Ord. No. 28 3rd series, § 1, 8-22-2005) mission must hold a public hearing after notifying the property owners within 350 feet of the prop- Sec. 78-1611. Public control of wetlands. erty on which the proposed alteration will occur. Activities that constitute an alteration regulated (a) The city council may require that the owner by this section include changes to the size, depth of any property affected by this article must or contour of the wetlands or its buffer,dredging, establish wetland and buffer area easements or or alterations of wetlands or buffer vegetation. restrictive covenants to be recorded within the Alterations do not include wetland planting or the property's chain of title. These easements or cov- selective clearing or pruning of trees or vegetation enants must describe the boundaries of the wetland that are dead, diseased, noxious weeds or similar and buffer area; document the obligations of the hazards. A wetland alteration permit is not re- property owner with regards to the wetland buffer; quired when a wetland district is rezoned to and prohibit any building, paving, mowing (un- another zoning classification. less approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or (b) Alteration of land within a wetland overlay fertilizer application within the wetland and the district will only be allowed if water storage is buffer area. The owner or developer must record provided in an amount compensatory to that these easements or covenants with the final plat, removed. Unless otherwise approved by the city with deeds from a lot division or,if no subdivision Supp.No.3 CD78:241 §78-1611 ORONO CITY CODE is involved,before the city issues a grading permit tions, after-the-fact permits, and/or or- or building permit for an affected property. The ders for corrective measures to the guilty applicant must submit evidence that the ease- party. ment or covenant has been submitted to the county for recording. (2) When an article violation is either discov- ered by or brought to the attention of the (b) If the city council does not require an planning director, the planning director easement or covenant, the city may record a shall immediately investigate the situa- notice of the wetland and buffer area require- tion and document the nature and extent ments against the property The property owner of the violation of the official control. As must still comply with the requirements of this soon as is reasonably possible, this infor- section. mation will be submitted to the MCWD (Ord. No. 28 3rd series, § 1, 8-22-2005) along with the community's plan of action to correct the violation to the degree pos- Sec. 78-1612. Wetland buffer markers. Bible. (3) The planning director shall notify the When new development or redevelopment re- suspected party of the requirements of sults in multifamily residential or a business use, this article and all other official controls the developer must place markers at the upland and the nature and extent of the sus- boundary of the wetland buffer edge at least every pected violation of these controls. If the 200 feet, subject to city approval. The developer structure and/or use is under construction must submit a location plan in hard copy format or development,the planning director may and a CAD or GIS format in Hennepin County order the construction or development im- coordinates and must use uniform markers pro- mediately halted until a proper permit or vided by the city.The city will charge a reasonable approval is granted by the community. If cost for the markers and approve the location of the construction or development is al- the markers prior to installation. ready completed,then the planning direc- (Ord. No. 28 3rd series, § 1, 8-22-2005) tor may either: (1) issue an order identi- fying the corrective actions that must be Sec. 78-1613. Violations. made within a specified time period to bring the use or structure into compliance Violation of the provisions of this article or with the official controls; or(2)notify the failure to comply with any of its requirements responsible party to apply for an after-the- (including violations of conditions and safeguards fact permit/development approval within established in connection with grants of variances a specified period of time not to exceed or conditional uses) shall constitute a misde- 30-days. meanor and shall be punishable as defined by law. (Ord. No. 28 3rd series, § 1, 8-22-2005) (4) If the responsible party does not appropri- ately respond to the planning director within the specified period of time, each Sec. 78-1614. Authority/enforcement actions. additional day that lapses shall constitute Nothing herein contained shall prevent the city an additional violation of this article and from taking such other lawful action as is nates- shall be prosecuted accordingly.The plan- sary to prevent or remedy any violation. Such ning director shall also upon the lapse of actions may include but are not limited to: the specified response period notify the landowner to restore the land to the con- (1) In responding to a suspected article viola- dition which existed prior to the violation tion, the planning director and the city of this article. may utilize the full array of enforcement (Ord. No. 28 3rd series, § 1, 8-22-2005) actions available to it including but not limited to prosecution and fines, injunc- Supp.No.3 CD78:242