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,.... . , ORDINANCE NO. 488 ;:(;F. To provide means by which IRS ~8 el~138r an ~i'~ S9los I:)o~o...i;>er>~ applicant and the City will routinely obtain advice and Subdivision -7-13. WallSllci Befl..., Are:J. ArGas abut- CITY OF MOUNDS VIEW input from various governmental agencies and prates. ting .and within 100 feet. measured horizontally. of a COUNTY OF RAMSEY sionals in the field of fresh water biology. hydrology, wetland . and civil engineering. . . Subdivision &14. Wlltland D~lnage Dlotrlct, That STATE OF MINNESOTA H. "Fe Felale 8fJ88ial 88S8SBFR8At f:lSIiBj 18 F8StFl8tl8R9 area tributary to the Wetland . Zoning District as ."IId THE MUNICIPAL CODE OF ,MOUNDS , 9R JHgf3gR~ tt:tat aI's r9'Jblij:gs ~~' t~iu ('~alit9r delineated on the Cif'.1 sf ~':'~Age \I~ew Wetland Zon. 4(;. To establish a system of permits and enforcement ing District Map. 'i ' AMENDING CHAPTER 48 ENTITLED, to effectuate the intent of this ordinance. Subdivision 315. Wetland Zoning District. The :,~. ,I\lD ZONING ORDINANCE". I 48.02 WETLAND ZONING DISTRICTS. This I areas delineated on the ~~~~: ":3 Wetland The Chy Council of the City of Mounds VIew does Chapter shall apply to wetland zoning districts which Zoning District Map which includes the wetlands and hereby ordain: I are specifically identified on the zOning ~ap en""e~: wetland buffer areas. SECTION I, Chapter 48, Wetland Zoning Ordinance .r~ity .ef MeYRSe "i. . Wetland ZOnln~ Dlstnct Ma~.- 48.05. WETLAND ZONING' DISTRICT is hereby amended as follows: an official copy of which shall be on file In the office REGULATIONS. 48.0t. TITLE, COUNCIL FINDINGS, POLICY, PUR- of the Clerk.Administrator and shall be available for In, Subdivision 1. !;iH9g~' Be ~8:-g:~8fter efJB8ifiBall~ t!~ POSES, AND MEANS. spection and copying upon the terms and conditions ~ No development. fi!!iRg, @,e.iR@. ll's~~. SUbdivision 1. Citation. Section 48.01 to 48.15 may as established by the City. ~A wetland zon- "raiRiRi, 9Jr9W'EltieR, Re~gSe"2r, temp9rary 9f ~sr~Q be cited as the Wetlands Ordinance. Ing district may be modified or ellmlnated-.le& ReRt stnilGtlllr:e, e!:lstndstisR9, es:atis sYSt8FRS, 811e 8f Subdivision 2. Findings and Purposes. The Coun, by four,fifths affirmative vote of the CounCil after Public gtR9f a'tz atisRs. shall be allowed wtthin a wetland zon- cil finds that wetiands within the City. as part of the Hearing and notice as set _ forth In Chapter 40 of ing district without first having obtained a wetiand ecosystem, are critical to the present and fut~re heafih, this Code., B~t' 81hlA~ Wetland zoning districts may afieration permit from the City as provided for In safety. and general welfare of.the la~d, animals. and not be eliminated re~s"eg frer::R tlite $!>la.p unless it can Chapter 48.06 of thla Code, people within the City, as well as Within the Hlce Creek A'tie shown that the original designation is in error or that iY99i"isisR 2 ~19 9Yih;;!iRg9, etRsr tRBR Bss:sSSPI Watershed District; that existing and potentIal develop- ~'cbnditions have changed. When modifying or remov- Q~i1~iRg9 29 BYtRsr::lse!' iR f:'~g~tBr 19 sf thia 0600 ment within the City and Rice Creek Watershed Ing a wetland zoning district, the Council shall use hieh E!19 RS! 99Af!i9t '''itR tRs ;?OFpse9s 9f tRis C~S:~ posSess increasing ecological and economic problems the criteria and methods established In the etulll tog 91lU"'t"'C' "'itRiR e "''Jtlaa9.-Sl4SR eS999ssr;y and demands having the effect of potenlially despoll- FEDERAL MANUAL FOR IDENTIFYING AND k lilifif1g~ t:~e'l -9t es etes::~at:s sr Hoes fer t:I~IU~~~ ing, POllUting: accelerating the aging, eliminating or DELINEATING JURISDICTIONAL WETLANDS dated ~ negatively and irretrievably altenng both the wetlands January 1989, as amended from time-to-tlme. Subdivision~, Whenever a wetland or drainageway and their functions (and the processes associated 48.03' SCOPE. The wetland zoning district shall is located on lands" that are tieing subdivided, the sub- therewtth) which, if SQR99A'ea aR~ "1~iAt8iA8E1, m~nag~ overlay the zoning districts established pursuant to divider shall ded icate such wetland and/or <ad will constitute important phYSIcal, educational. Chapter 40 of this Code as amended. so that any parcel drainageway to the public as allowed per Minnesota ecologiCal, aesthetic. recreational, and economic of land lying in a wetland zoning district shall also lie Statutes 462 and shall dedicate an easement to the assets for existing and future residents of the commUni, in one or more of the established zoning districts. Lands public as required for purposes of improving. maintain, ty and the Rice Creek Watershed Dlstnct. The City lying within a wetiand zoning district shall be subject ing, or protecting the area for drainage. ro~os~~er~,.. Council has in mind its statutory obligation to comply to the' requirements established by other applicable or. ~water Quality enhancement or other pur. with Chapters 104. 105. and 112 of>MinnesotaState dinances and regulations of the City. Within each poses expressed in this Chapter. Law. the regulations of Rice Creek Watershed Dlstnct. wetland zoning district. all uses shall be permitted In S~Il?~i"igigR Regulations of the Department of Natural Res~urces. ',accordance with the regulations forlhe underlYing zon, i~ !t>g2tg~ ~R IfU::s!S t~at arB eBiRg 8YBsi isea, t~e B~~ including provisions for protected waters, Public Law 1199 district, provided, however. that such uses must also ~;..;A...... "]'....::-" A,::,,~:':'::-t9 QR 8888mB,.t ta tRe ~I:IBli9 88 r8 92,500 (Federal Water Pollution Control Act). open ~~atisfy the additional requirements established In thiS { f4""ij:C~ fsr Ue f.lH~9t9 sf iFRpr~'iRg, maiRtaiRi~g. ~r JlF9 space policies of the Metropolitan CounCil and ItS Chapter. t~9tiRg tl::1':'.' erge fer riJreiRr!!lg'il, Jll=tesphefYB 6tFlpptR~, gr guidelines encouraging protecllon and enhancement ,;<;.., 48.04. DEFINITIONS. 9tl::1er p':irpmH~s 9xpr:e8ssa if::! tt:lis CRapter of marshes, wetlands in the f1O<ld plain area. and the Subdivision 1. Alteration. Any change, addltio!l Subdivision &. Notwithstanding the provisions of publiC interest in preventing irreparable destrucllon or por'modlflcatlon. Chapter 40 of this Code. the following shall apply to dslerlo.-tlon of valuable natural resources. Therefore. ., 3 Subdivision 2. Building. Any structure used or In- all lands proposed to be subdivided pursuant to recognizing the obligation to protect these assets and tended for supporting or sheltering any use or Chapter 42 of this Code and Iyi ng within a wetland natural resource gifts from destruction or deterlora" I occupancy. . . zoning district: ' tlon and pOllution of all kinds, the purposes of thiS Subdivision @ii, Development. The construction. In. A. Rationale for Denalty Standards - The follow- Chapter are: . stallation or alteration of any structure,; the extraction. Ing regulations are required to control the density . A. To preserve wetlands in as natural a state as POSS" ",Clearing 0' other alteration of land or terrestrial or of development In wetland zoning districts. 1he pur- ble; to serve as natural retention and detention are~s ~lLaquatjc vegetation; ~ or the course, current or cross pose of controlling development density Is 10 for surface waters; to regulate the use of areas adJa. section of any water body or watercourse; or the s~b: '" reduce the financial burdens Imposed on the com, cent to the wetlands in order to protect and enhance .division of land into parcels pursuant to Chapter 42 01 munlty through rescue and relief efforts occeBlon, t~.a! fvnction of the wetlands; to prOVIde for the .the Municipal Code, ed by the occupancy or use of areas subject to p ;, preservation. proper ma:'nt~nance. use and """ Subdivision -a4. Dimensional Requirements. A periodic flooding; to minimize loss of life. property e:. inent of wetland zoning districts; to minimize ~(minimum/maximum setback yard requirements, or damage, and the losses and risks associated wllh the rbance to them and to prevent or mh,lmlze structure height or size established in Chapter 40 and flood conditions; and to minimize the detrimental damage from excessive sedimentation eutrophlcallon. ,"'G? of the Municipal Code. effects of urbanization on the wlldllf~ habitat, wGter or pollution; to prevent loss of ~ aquatic :..J Sub,division 135. Drainage Wa,y , quality enhancement, recreational and aesthetic organisms. wildlife. and vegetallon or the habitats of "A, Any natural. altered or artifiCial watercourse which values of wetlands. the same; to provide for the protection of surface and has definable beds and banks capable of conducting .,t,. 1. Minimum lot size 20.000 square feet. eround ~ water supplies from the danger of rconfined runoff from adjacent lands. Watercourse beds -So 2. Minimum lot width - 125 feet as measured at . drought, overdraft. pollution. or mismanagement; to "~l1Ot clearly defined shall be delineated to include that the building setback line secure safety from floods; to reduce the flnanclai ~<area which would be inundated by runoff resulting from 3. All buildings, other than accessory buildings, burdens imposed upon the communlly through rescue a 24-hour rainfall having a recurrence interval of once as defined in Chapter 40 of this Code, shall be sel- and relief efforts occasioned by the occupancy or use in ~~~~ea~;:;ed watercourse is that which has been af- back at least 100 feet from the wetland. of areas subject to periodic fiooding; to prevent loss e All str""stwr08 sl::1211 99 seteask at le88t~ of life. property damage. and the losses and -"sks . eleCted by man,made changes in straighteniAg. deepen, ,e ~r:'j'~ tqC "'stlR5ile associated with flood conditions; to reduce __ ing. narrowing. or widening the original channel. 4. All accessory buildings shall be setback not eial eyrGt9Rs iJft139G9~ blpeR tRe Gi9mmYRitytl::tr:GY8~.S'9r C. An artificial watercourse is that which has been less than the setback requirements set forth in ~ erosion problems; tRet, witl=t pFspsr f9r:9~18t;tt, , artificially constructed by man wh~r~ there was no Chapter 40.05 Subdivision C of this Code, 2e~ls be & si~gS; to enhance and preserve ~ -'Gprevious natural watercourse. The limits .of the water, Subdivsiion 6. Any building or structure situated fiR8RS:e.1 slllrasR 9f tt:ls RaSa fer tt:le geRU1<l~~ltr t1? course bed are confined to that area which would be on an existing parcel [uistJI.!I Ps; :;ale of Rrecord. ~ ~water quality; and to enhance and preserve inundated by runoff resulting from a 24 hour rainfall as of the date of the original date of Enac;tment of this the WaRtieR, el::l8raeter 8.1 ~ Bulant sf natural drainage _ having a recurrence interval of once in ~ ten ordinance. that does not meet the requirements of ways ~, r.,ye~~j,dlvlslon 6. Enhance/Enhancement. To this chapter shall be considered non,conforming pur. B, The pubiic interest necessitates sound land use suant to the provisions of Chapter 40.03 of thiS Code de'Jslopment as land is a limited and i~r~pl~ce~ble heighten the value of Mounds V lew wetlands with and will require a variance from the Councllto build resource. and the land within the mUniCipality IS a ..r<aspect to the purposes of thla chapter. or rebuild. # thB ~8rgel Bges Re1 FReet tt::ts reElt!lrBFR9Rts resource to be developed in a manner which Will result j, >, Subdlvlalon 7. Managed. To control the use of gf tR:S (,t::ta~ter :aRS if tR9 fallen'iAg sgAsit;g"'r '?v;-:-t' A in minimum damage to the Quality of life. property, I.,' Mounds View wstland resources In a manner which non-conforming parcel shall exist: . threat to health and reduction of pnvate/public Is conelstent with the purpoaes of this chapter. A. Where Aeny portion of the parcel is contained economic loss caused by drainage problems. Management of wetlands Includea conservation u,ithiR tl::l<J Qt:93 ~9fiFl9sl 89 tRG "in a Wetland"~' Subdivision 3, Means. It is IYFI~er"'ere the intent of ,"" maintenance, and enhancement. I iR tRis <.:'17al?tt'..; or the City to effectuate the purposes of this ordinance , " " Subdivision 8. Permit. An official document or , , B, Where ~20 percent of a parcei or at ieast through the following means: . .. I v certificate Issued by the City authorizing perlor- 2.000 square feet of the p~rcel. whichever is iess. ~hall A. Adopt a map designating 9uiGtlRg fklRutmRIRg the .,omance of a specified activity. . be contained within the -'Wetland Buffer Area, "-a3 wetlands protected by this Ordinance. tR9I ara ts lie SUbdivision-4ll. Peraon. Any individual, firm, cor' sefiRes iR tRis C~a~ter, ~r9'tget'JdfrgR:t altt?rA~igAu I.n poralion. partnership, association or other private or A non-conforming building shall exist: G- Pr>e:ofl8te 98"U~t:lRit} 8 QrQA9SE 8f tRB "a11:J9 ef \ "governmental entity. , . A. Where it does not meet building or structure !:Kgr featwrss iA tAg sel'RFAI:JRity . :-Jf Subdivision.Q.10. Structure. "RY'~II~e Al8RYfsldre&l, setback requirements; 4$. Promote community education about the impor' : ;~1f9A2trIll9t9s, 8r Rrnt?tg~ SA tt::te grSYRS, iRSlysiRg Ind B. Where it does not meet floor elevation tance, function, limitations, and iRtsrrslat8BA888 impact ,A9t lim~tGti te, 9uilsiA9S, fORsee, SRess, ,etltalil8 strY8 requirements; of urbanization upon the water resources _ of :.;r:tuntB, t;t[!lJlLf3Uas, 9W~ eFW, SRGt 9tl=ter similar ftflmll That 48.06, PERMITS. the community, iRShu:liRg tl=te imJ:laet af :'ariBY8 hlRS which Is built or conatructed, an edifice or building Subdivision 1. The tollowing activities in or upon a ~S9E '''ithiR thg G9ffimwRiw, tR8 iRappt:eprtats Y9~g9 gf i"': of any kind, or any piece of work artificially built up wetland zoning district shall require a weliand altera. .ecr:taiA eteFR88tis fertili:!srs BRa the ImpIBm8R1&t18~ gf '1 : or composed of perte Joined together In some tion permit: f?!Csper sresisR 9.9Rtt:e'1 ~HIGtie99 . . , definite manner. 'A The digging. dredging. filling. draining. or in any ..gc To preserve and enhance ttile 8xi8tl:>llg eSR91t'''A ;" . Subdivision 11. Water Quality. The degree of ex- way altering or removing any material from a wetland. -et-weilands within the community through implemen. cellence of waler Including but not limited to B. The alteration"""""'; of vegetation within the t.evelopment regulations that will ensure the .' 'phosphoruo concantratlona, sediment load, and wetland or the _ destruction of vegetation within cfA vi construction of adequate on~Slte storm ..I'~ncentretlon of metlilla. ~tne Welian&,-;Zoning District except to abate ~\ iim6ntation and ~relenlion and deten- .~, Subdivision oli>12, Wetland. _ Those areas a public nuisance. t~,.. . ,",,'S, flow control devices, and implementation ; ,,:erealer Ihan one acre In alze, that are Inundated or c. The cohstrCtttion; .alteration, or removal of any of effective erosion control techniques, " . . ".satureted by eUrlaca or groundwatar at a frequen- structure. . ..,r;;o. To apply techniques such as density tr~n~fers ;."cy snd duration eufflclentto aupport, and that under lQl 'fhe:'/illteriflg of.an)' ~mpan!<mef1t,or.~nding,'NE\a".. ,,' to development proposals" in orderiUnninlmlze'rlltiOs')I, normal ~Ircumstancea do aupport hydrophytlc or, the chanlllng ofthe-f1ow 01 water or pondll19 capacity. ' of impermeable surface to open space., aA" ts J?t:'I}OQP~ ""vegetation, hydric solla and wettand hydrology, aa E. The storing of materials which would Intertere With "A-'t'tI7"'9g joq thgi~ Rstwral etato ~'1:delineated on the "'~11~ 9f r1li'MAila 'Iii Wetla~d Zo~~ the fiow of water and/or ponding capacity, -liE. To establish means by which certain wetlands Ling District Map." ag ggri'<9Q 'rBAI data liIilAtaIR.8~ I~ F, Disposing of ~ waste materials In, may be placed in the public domain for purposes of :o,~~UJ8tlaRSB A F8. sf IAI ~il1 9f U9YAQU uI8'~'. cluding. but not limited to. demolition debris...and yard enhancement, preservation,' protection, and ,~,i!1fl,ar8i' lJ~ Ra"18Bj i8il IilR(ij UlMer CaR88P atlaA waste. maintenance.