HomeMy WebLinkAboutOrdinance 505
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ORDINANCE NO. 505
CITY OF HOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 48 OF THE MUNICIPAL CODE OF
MOUNDS VIEW TO INCLUDE REFERRENCES TO
THE LOCAL WATER MANAGENENT PLAN
The Council of the City of Mounds View does hereby ordain that
Chapter 48 of the Municipal Code of Mounds View shall be amended
as indicated on the attached pages. Sections that are over-struck
shall be deleted and sections that are underlined shall be added.
This ordinance shall take effect thirty days after the date of
its publication.
Read by the City council of the City of Mounds View this
13th day of April, 1992.
Read and passed by the City Council of the City of Mounds
view this 27th day of April, 1992.
Attest:
v~
Ma r
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(SEAL)
APPROVED AS TO FORM:
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48.01
CHAPTER 48
WETLAND ZONING ORDINANCE
48.01. TITLE. COUNCIL FINDINGS. POLICY. PURPOSES. AND MEANS.
Subdivision 1. citation. section 48.01 to 48.15 may be
cited as the Wetlands Ordinance.
Subdivision 2. Findinqs and Purooses. The Council finds
that wetlands within the City, as part of the ecosystem, are
critical to the present and future health, safety, and general
welfare of the land, animals, and people within the City, as
well as within the Rice Creek Watershed District; that existing
and potential development within the City and Rice Creek
Watershed possess increasing ecological and economic problems
and demands, having the effect of potentially despoiling,
polluting, accelerating the aging, eliminating or negatively and
irretrievably altering both the wetlands and their functions
(and the processes associated therewith) which, if managed
will consti tute important physical, educational, ecological,
aesthetic, recreational, and economic assets for existing and
future residents of the community and the Rice Creek Watershed
District. The City Council has in mind its statutory obligation
to comply with Chapters 104, 105, and 112 of Minnesota State
Law, the regulations of Rice Creek Watershed District,
Regulations of the Department of Natural Resources, including
provisions for protected waters, Public Law 92-500 (Federal
Water Pollution Control Act), open space policies of the
Metropolitan Council and its guidelines encouraging protection
and enhancement of marshes, wetlands in the flood plain area,
and the public interest in preventing irreparable destruction or
deterioration of valuable natural resources. Therefore,
recognizing the obligation to protect these assets and natural
resource gifts from destruction or deterioration and pollution
of all kinds, the purposes of this Chapter are:
A. To preserve wetlands in as natural a state as possible;
to serve as natural retention and detention areas for
surface waters; to regulate the use of areas adjacent to
the wetlands in order to protect and enhance the natural
function of the wetlands; to provide for the protection,
preservation, proper maintenance, use and enhancement of
wetland zoning districts; to minimize the disturbance to
them and to prevent or minimize damage from excessive
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48.01
sedimentation, eutrophication, or pollution; to prevent
loss of aquatic organisms, wildlife, and vegetation or
the habitats of the same; to provide for the protection
of surface and ground water supplies from the danger of
drought, overdraft, pOllution, or mismanagement; to
secure safety from floods; to reduce the financial
burdens imposed upon the community through rescue and
relief efforts occasioned by the occupancy or use of
areas subject to periodic flooding; to prevent loss of
life, property damage, and the losses and risks
associated with flood conditions; to reduce erosion
problems; to enhance and preserve quali ty ; and to
enhance and preserve the natural drainage ways.
B. The public interest necessitates sound land use
development, as land is a limited and irreplaceable
resource, and the land wi thin the municipality is a
resource to be developed in a manner which will result
in minimum damage to the quality of life, property,
threat to health and reduction of private/public
economic loss caused by drainage problems.
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Subdivision 3.
effectuate the
following means:
Means.
purposes
It is the intent of the City to
of this ordinance through the
A. Adopt a map designating the wetlands protected by this
Ordinance.
B. Promote community education about the importance,
function, limitations, and impact of urbanization upon
the water resources of the community.
C. To preserve and enhance of wetlands wi thin the community
through implementation of development regulations that
will ensure the design and construction of adequate on-
site storm water, sedimentation and retention and
detention basins, flow control devices, and
implementation of effective erosion control techniques.
D. To apply techniques such as density transfers to
development proposals in order to minimize ratios of
impermeable surface to open space.
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48.03
E.
To establish means by which certain wetlands may be
placed in the public domain for purposes of enhancement,
preservation, protection, and maintenance.
F.
To provide means by which an applicant and the City will
routinely obtain advice and input from various
governmental agencies and professionals in the field of
fresh water biology, hydrology, and civil engineering.
G.
To establish a system of permits and enforcement to
effectuate the intent of this ordinance.
48.02. WETLAND ZONING DISTRICTS. This Chapter shall apply
to wetland zoning districts which are specifically identified on
the zoning map entitled, "Wetland Zoning District Map", an
official copy of which shall be on file in the office of the
Clerk-Administrator and shall be available for inspection and
copying upon the terms and conditions as established by the
City. A wetland zoning district may be modified or eliminated
by four-fifths affirmative vote of the Council after Public
Hearing and notice as set forth in chapter 40 of this Code.
Wetland zoning districts may not be eliminated unless it can be
shown that the original designation is in error or that
conditions have changed. When modifying or removing a wetland
zoning district, the Council shall use the criteria and methods
established in the FEDERAL MANUAL FOR IDENTIFYING AND
DELINEATING JURISDICTIONAL WETLANDS dated January, 1989, as
amended from time-to-time.
48.03. SCOPE. The wetland zoning district shall overlay
the zoning districts established pursuant to Chapter 40 of this
Code as amended, so that any parcel of land lying in a wetland
zoning district shall also lie in one or more of the established
zoning districts. Lands lying within a wetland zoning district
shall be subject to the requirements established by other
applicable ordinances and regulations of the city. Within each
wetland zoning district, all uses shall be permitted in
accordance with the regulations for the underlying zoning
district, provided, however, that such uses must also satisfy
the additional requirements established in this Chapter.
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48.04
48.04.
DEFINITIONS.
Subdivision 1.
modification.
Alteration.
Any change, addition or
Subdivision 2. Building. Any structure used or intended
for supporting or sheltering any use or occupancy.
Subdivision 3. Development. The construction, installation
or alteration. of any structure; the extraction, clearing or
other alteration of land or terrestrial or aquatic vegetation;
or the course, current or cross section of any water body or
watercourse; or the subdivision of land into parcels pursuant to
Chapter 42 of the Municipal Code.
Subdivision 4. Dimensional Reauirements. A minimum/maximum
setback yard requirements, or structure height or size
established in Chapter 40 and 42 of the Municipal Code.
Subdivision 5. Drainage Way
A. Any natural, altered or artificial watercourse which has
definable beds and banks capable of conducting confined
runoff from adjacent lands. Watercourse beds not
clearly defined shall be delineated to include that area
which would be inundated by runoff. calculated in
accordance with orovisions in the Local Water Manaaement
Plan. rcaultiftg from a 24 hour rainfall a storm event
having a recurrence interval of once in ten years.
B. An altered watercourse is that which has been affected
by man-made changes in straightening, deepening,
narrowing, or widening the original channel.
C. An artificial watercourse is that which has been
artificially constructed by man where there was no
previous natural watercourse. The limits of the
watercourse bed are confined to that area which would be
inundated by runoff. calculated in accordance with
-provisions in the Local Water Manaaement Plan. rC:3ul ting
from a 24 hour rainfall a storm event having a
recurrence interval of once in ten years.
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48.04
Subdivision 6. Enhance/ Enhancement. To heighten the value
of Mounds View wetlands with respect to the purposes of this
chapter.
Subdivision 6A. Local Water Manaqement Plan. A Local Water
Manaqement Plan. dated February 12. 1990. has been prepared for
the City in accordance with Minnesota Statutes 103B.201 to 103B.
255. The plan identifies the qoals and policies of the City in
providinq for future development while minimizinq surface water
problems.
Subdivision 7. Managed. To control the use of Mounds
View's wetland resources in a manner which is consistent with
the purposes of this chapter. Management of wetlands includes
conservation maintenance, and enhancement.
Subdivision 8. Permit. An official document or certificate
issued by the City authorizing performance of a specified
activity.
Subdivision 9. Person.
partnership, association
entity.
Any individual, firm, corporation,
or other private or governmental
Subdivision 10. Structure. That which is built or
constructed, an edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together
in some definite manner.
Subdivision 11. Water Quality. The degree of excellence of
water including but not limited to phosphorus concentrations,
sediment load, and concentration of metals.
Subdivision 12. Wetland. Those areas greater than one acre
in size, that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support hydrophytic
vegetation, hydric soils and wetland hydrology, as delineated on
the Wetland Zoning District Map.
Subdivision 13. Wetland Buffer Area. Areas abutting and
within 100 feet, measured horizontally, of a wetland.
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48.05
Subdivision 14. Wetland Drainage District. That area tributary
to the Wetland Zoning District as delineated on the Wetland
Zoning District Map.
Subdivision 15. Wetland Zonina District. The areas
delineated on the Wetland Zoning District Map which includes the
wetlands and wetland buffer areas.
48.05.
WETLAND ZONING DISTRICT REGULATIONS.
Subdivision 1. No development, shall be allowed within a
wetland zoning district without first having obtained a wetland
alteration permit from the City as provided for in Chapter 48.06
of this Code.
Subdivision 2. Whenever a wetland or drainageway is located
on lands that are being subdivided, the subdivider shall
dedicate such wetland and/or drainageway to the pUblic as
allowed per Minnesota Statutes 462 and shall dedicate an
easement to the public as required for purposes of improving,
maintaining, or protecting the area for drainage, water quality
enhancement or other purposes expressed in this Chapter.
Subdivision 3. Notwithstanding the provisions of Chapter 40
of .this Code, the following shall apply to all lands
proposed to be subdivided pursuant to Chapter 42 of this
Code and lying within a wetland zoning district:
A. Rationale for Density Standards -- The following regulations
are required to control the densi ty of development in
wetland zoning districts. The purpose of controlling
development density is to reduce the financial burdens
imposed on the community through rescue and relief efforts
occasioned by the occupancy or use of areas subj ect to
periodic flooding; to minimize loss of life, property
damage, and the losses and risks associated with flood
conditions; and to minimize the detrimental effects of
urbanization on the wildlife habitat, water quality
enhancement, recreational and aesthetic values of wetlands.
1. Minimum lot size - 20,000 square feet.
2. Minimum lot width -125 feet as measured at the
building setback line.
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48.06
3. All buildings, other than accessory buildings, as
defined in Chapter 40 of this Code, shall be
setback at least 100 feet from the wetland.
4. All accessory buildings shall be setback not less
than the setback requirements set forth in Chapter
40.05 Subdivision C of this Code.
Subdivision 6. Any building or structure situated on an
existing parcel Of record, as of the date of the original date
of Enactment of this ordinance, that does not meet the
requirements of this chapter shall be considered non-conforming
pursuant to the provisions of Chapter 40.03 of this Code and
will require a variance from the Council to build or rebuild. A
non-conforming parcel shall exist:
A. Where any portion of the parcel is contained " in a
Wetland" ; or
B. Where 20 percent of a parcel or at least 2,000 square
feet of the parcel, whichever is less, shall be
contained within the Wetland Buffer Area
A non-conforming building shall exist:
A. Where it does not meet building or structure setback
requirements;
B. Where it does not meet floor elevation requirements;
48.06.
PERMITS.
Subdivision 1. The following activities in or upon a
wetland zoning district shall require a wetland alteration
permit:
A. The digging, dredging, filling, draining, or in any way
altering or removing any material from a wetland.
B. The alteration of vegetation within the wetland or the
destruction of vegetation wi thin the Wetland zoning
District except to abate a public nuisance.
C. The construction, alteration, or removal of any
structure.
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48.06
D.
The altering of any embankment or ponding area, or the
changing of the flow of water or ponding capacity.
E.
The storing of materials which would interfere with the
flow of water and/or ponding capacity.
F.
Disposing of waste materials including, but not limited
to, demolition debris and yard waste.
G.
Installation or maintenance of essential services.
Subdivision 2. In consideration of an application for the
issuance of a wetland alteration permit, the City may require
that the applicant furnish and supply such information as
required in 48.06 (4B). In acting upon a wetland alteration
permit application, the city shall consider all relevant factors
specified in other sections of this Chapter, including:
A. The relationship of the proposed use to the
Comprehensive Plan and the impact of the proposed use on
the wetlands in the surrounding area.
B. The impact of the proposed wetland alteration on the
surface water storage, fish and wildlife habitat, and
water quality enhancement values of the wetland.
Subdivision 3. Permits Standards. No permit shall be
issued unless the City finds and determines that the proposed
development complies with the following standards, or unless a
variance is granted by the Council as set forth in Chapter 48.14
of this Code.
A. Alteration. A m1n1mum alteration of a wetland may be
allowed when necessary for the use of property but only
when it will not have a substantially or significantly
adverse effect as determined by the City, upon the
ecological and hydrological characteristics of the
wetland; however, in no case shall the restrictions set
out below be exceeded. Since the extent of alteration
which can be permitted is limited, the City when
considering a permit application, shall consider equal
apportionment of alteration opportunity. The alteration
opportunity within the wetland shall be allocated among
property owners in proportion to the area of wetland
located within each property.
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48.06
1.
Any alteration shall not cause a reduction in the
flood storage capacity of the wetland. Flood
storage capacity shall be determined by analysis of
the runoff from the entire developed wetland
drainage district resulting from both the two-year
and lOa-year frequency, 24-hour SCS Type 1
distribution storms.
2.
An alteration shall not reduce the existing water
quality enhancement value of a wetland under
conditions of ultimate development, during both the
2-year and lOa-year frequency, 24-hour SCS Type 1
distribution storms. Water quality enhancement
value of a wetland shall be determined using
methods approved by the city.
3.
Any alteration shall not reduce the existing
wildlife habitat value of a wetland as measured
using methods approved by the city.
4. Only fill substantially free of chemical pollutants
and wastes, as determined by the City, may be used.
5. Alterations shall be carried out so as to minimize
the impact on vegetation.
6. Al terations shall not adversely the water flow
characteristics within the wetland as determined by
the city.
7. The size of the altered area shall be limited to
the minimum required for the proposed action.
8. Work in the wetland will not be performed during
the breeding season of waterfowl or fish spawning
season.
9. No part of any sewage disposal system requiring on-
land or in-ground disposal of waste shall be
located closer than 100 feet from the wetland. All
on-land or in-ground sewage disposal systems shall
meet criteria set out in Minnesota Rule 6, MCAR
4.8040, "Individual Sewage Treatment System
Standard."
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48.06
10. Waste which would normally be disposed of at a
solid or hazardous waste disposal site or which
would normally be discharged into a sewage disposal
system or sewer shall not be directly or indirectly
discharged to a wetland.
11. Construction Erosion control measures and retention
facilities shall be designed to limit soil loss
from the development site to not more than five (5)
tons per acre per year. Plans and supporting
documentation for such measures and facilities
shall be developed and approved by the City prior
to commencement of construction.
12. The applicant for the wetland alteration permit
shall be required to demonstrate that after the
development is completed, the conditions on the
site will be stabilized such that the yearly soil
loss from the site will not be greater than 0.5
tons per acre per year.
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.13. Sediment and soil loss shall be determined
utilizing the "Universal Soil Loss Equation" as
defined by the U.S. Department of Agriculture Soil
Conservation Service Technical Field Guide as
amended from time to time as provided for Ramsey
Soil and Water Conservation District.
14. Stormwater runoff from a development may be
directed to the wetland when in conformance with
the Local surface w~ater mManagement plan and only
when substantially, as determined by the Council,
free of sediment, debris, and chemical pollutants,
and only at rates which will not sUbstantially,
disturb vegetation or increase turbidi ty as
determined by the City.
15. The proposed action shall not cause stormwater
runoff from the development to take place at a rate
which would exceed the rate or volume of runoff as
anticipated by the city's Local Curfacc Water
Management Plan .
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48.06
16.
The quality of water infiltrated to the water table
or aquifer shall remain substantially, as
determined by the City, unchanged by the alteration
of the site.
17. All buildings, other than accessory buildings, as
defined in Chapter 40 of this Code, shall be
setback at least 100 feet from the wetland.
18. All accessory buildings as defined in Chapter 40 of
this Code shall be setback not less than the
requirements set forth in Chapter 40.05 subdivision
C.
19. The lowcst floor clcvation of minimum buildings-
elevation permitted in a wetland zoning district
shall be as defined in the Local Water Manaqement
Plan'at lcast two (2) fcct abovc thc clc7ation of
the 0100 ycar frcqucncy flood levcl.
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20. No alteration shall be allowed which will endanger
the health, safety, or welfare of persons, or which
may resul t in unusual . road maintenance costs or
utility line breakages due to soil limitations,
including high frost action.
21. Removal of vegetation within a wetland zoning
district shall be permitted only when reasonably
required for the placement of structures and use of
property.
Subdivision 4.
Conditions
A. 1. A wetland alteration permit may be approved subject
to conditions reasonable and necessary to ensure
compliance with the requirements contained in
48.06, Subdivisions 1, 2, and 3. Such conditions
may, among other matters
a. Provide for the enhancement of wetland storm water
storage, fish and wildlife habitat, and water
quali ty enhancement functions of wetland zoning
districts;
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48.06
b. provide for enhancement of recreation and education
opportunities in wetland zoning districts;
c. limit the size, kind, or character of the proposed
work;
d. require the construction of stormwater detention
facilities or other structures;
e. require replacement of vegetation;
f. establish required monitoring or maintenance
procedures including the payment of costs for such
procedures;
g. stag~ the work over time and increments of land to
be developed;
h. require the alteration of the site design to insure
. buffering;
i. require the provision a pe+formance bond;
j. or require the conveyance to the City of certain
lands or interest therein.
The dimensional requirements of the underlying
zoning ordinance may be modified in furtherance of
the purposes of this Chapter.
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2. The permit .application shall be submitted to the
ci ty . The ci ty shall process the permi t
application according to the provisions of 48.06
Subdivision 6 of this Code. The Council who may
referthe permi t application to the Planning
Commission or the City staff for review and report
or may direct that the permit application be
processed according to the procedures specified for
the processing of conditional use permits set forth
in Chapter 40 of the Municipal Code. ,Upon approval
of the application for the permit, the City Council
may establish such terms and conditions, in
addition to those specifically cited in this
Chapter or Chapter 40 as it deems necessary to
protect the public health, safety, and welfare,
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48.06
including the posting of sufficient surety to
guarantee conformance to the purposes of the permit
and all laws regulating the activity. The
development controls provided in Chapter 59.07 of
the Municipal Code may also be required.
3. A wetland alteration permit may be processed
coextensi vely with any other application for use
permit approval that may be required under other
provisions of the Municipal Code.
B. The following drawings and exhibits may be required with
a permit application:
1. The name and address of the subdivider, developer,
and owner or any other party of interest.
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2. A legal description of the proposed site wi't:h a
map showing its location with indications of
private access roads, existing or proposed public
roadways within and surrounding the development
site.
3. A full and adequate description of all phases of
the operation and/or proposed physical changes.
4. A soil survey map of the proposed development site.
5. A topographic map of the development area wi th
contour information at two (2) foot intervals or
spot elevations at two hundred (200) foot intervals
and at a horizontal scale of one (1) inch to one
hundred (100) feet or larger.
6. A detailed site plan of the proposal showing
proposed drainage, grading, and landscaping.
7. A site design map showing the location of existing
and future man-made features within the site and to
a distance of five hundred (500) feet surrounding
the site or to the wetland drainage district
boundary, whichever is shorter.
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48.06
8.
Information on existing drainage and vegetation of
all lands within the site and to a distance of five
hundred {SOD} feet surrounding the site or to the
wetland drainage district boundary, whichever is
shorter.
9.
The time period for commencement and completion of
the development, including time for staging of
development, if applicable.
10.
Design specification and plan for all sediment and
erosion control measures as well as all grading and
drainage appurtenances and practices.
11.
Engineering data related to computations of
existing and proposed hydrology, water , quality,
hydraulics, and soil loss.
12. Such additional information as necessary to
evaluate the permit application.
Subdivision 5. Time of Permit - Extensions and Renewals.
A permittee shall begin the work authorized by the permit
within ninety {90} days from the date of issuance of the permit
unless otherwise set forth in the permit. The permittee shall
complete the work authorized by the permit within the time limit
specified on the permit, which shall in no event exceed more
than twelve {12} months from the date of issuance unless such
time limit is extended by the Council. The permittee shall
notify the City at least forty-eight {48} hours prior to the
commencement of work. Should the work not be commenced as
specified herein, the permit shall become void.
Subdivision 6. Issuinq Authority
A. The Issuing Authority for Wetland Alteration Permits
shall be as set forth here after:
1. Administrative Issuing Authority: The City
Engineer/Director of Public Works, or his designee
{Building Inspector or city Planner} have the
authority to issue wetland alteration permits which
meet the standards in this chapter if:
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48.07
a.
.The permit requests repair or maintenance of
any lawful use of land existing on the date of
adoption of this Chapter.
b.
Alterations within the wetland buffer zone do
not extend into or impact the adjacent wetland.
c. The permit requests public and/or private
utility work on existing facilities.
and for the following work within the wetland buffer
zone, but outside of the wetland not having adverse
impacts upon the wetlands.
a.
b.
c.
d.
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e.
Installation and maintenance of fences.
Landscaping not including impervious surfaces
Detached garages and accessory buildings.
Grading which does not adversely alter storm
water storage capacity, storm water flow
direction or runoff intensity.
Temporary structures not requiring permanent
foundations or pads for support.
II. The City council may issue permits which meet the
standards in this Chapter and are beyond the scope
of the administrative approval above; which have
been reviewed by City staff and referred to
Council; or which are appealed to Council after
having been reviewed and denied by City staff.
48.07. EXCEPTIONS; PERMIT.
A. Emergencies. Upon the declaration of an emergency
by the City, emergency work necessary to preserve
life or property shall be permitted in a wetland
zoning district.
B. Repairs. Upon application and approval by the
Council City, a person may repair or maintain any
lawful use of land existing on the date of adoption
of this Chapter.
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48.08
B.
Notwithstanding any other prov1s10n of this Code to
the contrary, may develop a municipally owned
recreation or park facility on City owned lands
which will involve the development within a
wetlands zoning district as part of an integrated
plan, comprising not less than 75 acres, where such
development would.reasonably conserve, preserve and
enhance the environment by providing facili ties
that would protect the public health, safety and
welfare.
48.08.
TRANSFERS.
DEVELOPMENT DENSITY AND PARK LAND DEDICATION CREDIT
Subdivision 1. When land to be developed includes wetlands,
the developer thereof may receive a credit for the undevelopable
portion of said wetland, .ei ther:
A. toward the dedication of land requirements under
Municipal Code, Chapter 42.13, Parks and Playground
Dedication, not exceeding the amount of the developable
lands in the development proposal; or
B. the development may be intensified so as not to exceed
twice the allowable land use densities prescribed under
Chapters 40 and 42 of the Code provided, however, that
said intensified land use must be consistent with street
dedication dimensions, parking requirements, and
screening, fencing and landscaping regulations of the
City; or
C. the building square footage requirements of the
Municipal Code may be intensified but not to exceed five
(5) percent; or
D. any combination of A, B, and C above as agreed upon by
developer and city, keeping in mind that the public
health, safety, and welfare of the community is
paramount.
Subdivision 2. Upon receipt of any of the credits herein,
the developer shall convey any wetlands designated by this
Chapter, for which a credi t has been gi ven, to and may be
accepted by the City free and clear of all encumbrances.
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48.12
48.09. ACQUISITION OF INTERESTS IN LAND. The municipality
may acquire, pursuant to law, fee title or easement rights, by
dedication, gift, purchase, eminent domain, tax forfeiture,
leasehold estates, part or all of any wetlands or land adjacent,
abutting, contiguous, or affecting wetlands, for the purpose of
preserving such lands and protecting the public health, safety,
and welfare. Charges authorized by Chapter 25 and Chapter 42 of
the Municipal Code or by other applicable law may be used to
finance the acquisitions authorized herein. The Council may
abate those taxes and assessments within wetlands as authorized
by law.
48.10. RESPONSIBILITY. Neither the issuance of a permit
nor compliance with the conditions thereof, nor with the
provisions of this Chapter, shall relieve any person from any
responsibility otherwise imposed by law for damages to persons
or properties; nor shall the issuance of any permit hereunder
serve to impose any liability on the municipality or its
officers or employees for injury or damage to persons or
property. A permit issued pursuant to this Chapter shall not
relieve the permittee of the responsibility of complying with
any other requirements established by law, regulation or
ordinance.
48.11. PENALTY. Any person who violates the provl.sl.ons of
this Chapter shall be guilty of a misdemeanor. Each day during
which said violation exists is a separate offense. Any
violation of this Chapter is a public nuisance and may be
enjoined by civil action. Costs of any civil enforcement shall
be assessed against the property so enjoined. Any person who,
in violation of this Chapter, alters, changes or modifies any
wetlands shall restore such wetlands to their original
condition.
48.12. SEVERABILITY. If any part of this Chapter is held
to be unconstitutional or otherwise illegal, the remainder of
this Chapter shall be deemed and held to be valid and remain in
force and effect as if such portion had not been included
herein. If this Chapter or any provision herein is held to be
inapplicable to any person, property or work, such holding shall
not affect the applicability hereof to any other person's
property or work.
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48.14
48.13. SPECIAL ASSESSMENT. The property within a
designated wetland which is restricted hereby or for which a
development or other restrictive easement is conveyed to the
municipality shall not be subject to future special assessments
for the costs of public improvements for which such assessments
are authorized pursuant to Chapter 26 of the Municipal Code.
48.14.
VARIANCE AND APPEALS.
Subdivision 1. An application for variance or appeal to the
Council shall be processed according to Chapter 40 of the
Municipal Code.
Subdivision 2. No variance may he granted which would allow
any use that is prohibited in the zoning district in which the
property is located or which will:
A. Resul t in incompatible land uses or which would be
detrimental to surface and groundwater resources. .
B. Increase the financial burdens imposed on the community
through increasing floods and overflow of water onto
land areas within this City or onto land areas adjacent
to Rice Creek.
C. Be not in keeping wi th land use plans and planning
objectives for the City or which will increase or cause
danger to life or property.
D. Be inconsistent with the objectives of encouraging land
uses compatible with the preservation of the natural
land forms, vegetation and wetlands within the city.
E. Include development of land and water areas essential to
continue the temporary withholding of rapid runoff of
surface water which contributes to downstream flooding,
or water pollution, or development of land and water
areas which provide groundwater recharge, or development
which diminishes the land or water which are necessary
to carry increased flows of stormwater following periods
of heavy precipitation.
",
.
.
~.
, .
48.15
Subdivision 3. No permit or variance shall be issued unless
the applicant, in support of his application, shall submit
engineering data, surveys, site plans and other information as
the city may require in order to determine the effects of such
development on the affected land and water areas.
48.15. WETLAND ZONING DISTRICTS.
Subdivision 1. Wetland Zoning District MaD.. Pursuant to
Chapter 48.02, the wetland zoning districts delineated in the
referenced wetland zoning district map are hereby established.
Subdivision 2. Wetland Zoninq Districts' bv Leqal
Descri-ption. Pursuant .to Chapter 48.02, the following described
properties are hereby ~es~gnated as wetlands: (see Appendix A) .
Subdivision 3. Inclusive. The wetland zoning districts
designated in Subdivisions 1 and 2 above are hereby established
as wetland zoning,districts for the municipality.
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I I I ~J-42000-G2~_00 59-42000-791_00
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I 59-42000-751_00 '
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59-42000-781_00 I
59-42000-782_00
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59-470'''' 027-0G
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59-42000-840_00
1 59-42000-851_00
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59-42000-870_00
I 59-42000-880_00
Appendix l\
F..:.ge 5
---
,ection Nap
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1-18
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1394
1-10
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59-42000-()70_01
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59-42000-092-01
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I 59-42000-140_01
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59-42000-020-00
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59-42000-151-00
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