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HomeMy WebLinkAboutOrdinance 602 . . . ORDINANCE NO. 602 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATED TO WETLAND ZONING REGULATIONS AND AMENDING TITLE 1000, CHAPTER 1010, SECTIONS 1010.07, 1010.08 and 1010.09 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1010.07 Subd. 1 of the Mounds View Municipal Code is hereby amended as follows: Subd. 1. Permit Required Required Permits: 1.w developnlent shall be allowed within a wetla.t.d ZOnihg distriGt witl.out first having obtctihed a wetland alteration permit from the City as provided for in SeGtion 1010.08 oft111.s Chapter. The fullowing A wetland alteration permit or a wetland buffer permit shall be required for any development in a wetland zoning district as provided in Section 1010.08 Subd. 2. Section 2. Section 1010.07 Subd. 3a.(3)(a) and (b) are hereby amended to read as follows: (a) All buildings, including other than accessory buildings, as defined in Title 1100 of this Code shall be setback at least one hundred feet (100') from a wetland, excej)t as allowed by an approved wetland alteration permit or approved wetland buffer permit as provided in Section 1010.08 (b) All aCGessory baildings shall be sc:tbaGk not less than the setback requirements set forth in subdi'~ision 1104.01(3). Section 3. Section 1010.08 is hereby amended to read as follows: 1010.08: 'vVTITLAND ALTERATION F-ERMITS PERMIT REQUIREMENTS & PROCEDURES Subd. 1. Permit Required Activities ReQ.uiring Permits: The following activities in or upon a wetland zoning district shall require a wetland alteration petmit either a wetland alteration permit or a wetland buffer permit, as provided in Section 1010.08 Subd. 2. a. The digging, dredging, filling, draining or in any way altering or removing any material from a wetland. . . . Ordinance 602 August 25, 1997 Page 2 b. The alteration of vegetation within the wetland or the destruction of vegetation within the wetland zoning district, except to abate a public nuisance. c. The construction, alteration or removal of any structure. 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. Subd.2. Types of Permits Required: The following permits shall be required for any development in a wetland zoning district. a. Wetland Alteration Permit: No development. shall be allowed within that portion of a wetland zoning district which is delineated as a wetland on the Wetland Zoning District Map without first having obtained a wetland alteration permit from the City as provided for in this Section 1010.08 b. Wetland Buffer Permit: No development shall be allowed in the area defined as the wetland buffer area as shown on the Wetland Zoning District Map without first having obtained a wetland buffer permit from the City as provided for in this Section 1010.08 c. Development Overlapping Wetland and Wetland Buffer Area; Authority for Approval with Combinations of Activities Having Different Approval Authorities: Where a proposed development includes area in both the wetland and wetland buffer area, the applicant shall only be required to apply for a wetland alteration permit which shall cover the entire development area. Where a proposed development includes activities subiect to City Council approval, and activities subiect to administrative approval, the permit shall cover all activities and shall be reviewed and approved by the City Council. Subd. 2. Subd. 3. Exceptions to Permit Requirements: 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. . . . Ordinance 602 August 25, 1997 Page 3 b. Repairs: Upon application and approval by the City Council, a person may repair or maintain any lawful use of land existing on the effective date hereof c. Recreation Areas or Parks: Notwithstanding any other provision of this Code to the contrary, a person may develop a Municipally-owned recreation area or park facility on City-owned lands which will involve the development within a wetland zoning district as part of an integrated plan, comprising not less than seventy five (75) acres, where such development would reasonably conserve, preserve and enhance the environment by providing facilities that would protect the public health, safety and welfare. ~ 4. Sttbd. J Permit Standards Standards for Approval of Permits: No permit shall be issued unless the City finds and determines that the proposed development complies with the following standards as stated in this Subd. 4. 01 unless A ~AIiance is gutnted by the Council AS set forth in Seaion 1010.09 of this ChApter. Approval of either a wetland alteration permit or wetland buffer permit shall constitute approval of a variance to the requirements of this Chapter 1010. a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum 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 in Section 1010.08 Subd 3.a.(1)-(6) 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. (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 2-year and 100-year frequency, 24-hour SCS Type I 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 100-year frequency, 24-hour SCS Type I 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. @ffl Alterations shall be carried out so as to minimize the impact on vegetation. . . . Ordinance 602 August 25, 1997 Page 4 Removal of vegetation within a wetland zoning district shall be permitted only when reasonably required for the placement of structures and use of property. illt61 Alterations shall not adversely affect the water flow characteristics within the wetland as determined by the City. (Q)tt4} Storm water runoff from a development may be directed to the wetland when in conformance with the Local Water Management Plan1 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 turbidity as determined by the City. mtt51 The proposed action shall not cause storm water 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 Water Management Plan2. OOft61 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. (9) No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than one hundred feet (100') 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 (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. b. Soil Conditions; Control of Erosion: (ll(i-i1 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. .(2)tt21 The applicant for the wetland alteration permit or wetland buffer permit shall be required to demonstrate that, after the development is completed, the conditions 1 See Chapter 1302 of this Code. 2 See Chapter 1302 of this Code. . . . Ordinance 602 August 25, 1997 Page 5 on site will be stabilized such that the yearly soil loss from the site will not be greater than five-tenths (0.5) ton per acre per year. Q).tt31 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. (4) Only fill substantially free of chemical pollutants and wastes, as determined by the City, may be used. illfl91 A building's minimum elevation permitted in a wetland zoning district shall be as defined in the Local Water Management Plan3. (Q).(2e1 No alteration shall be allowed which will endanger the health, safety or welfare of persons or which may result in unusual road maintenance costs or utility line breakages due to soil limitations, including high frost action. .Q.. t8J Scheduling of work: Work in the wetland will not be performed during the breeding season of water fowl or fish spawning season. d... -fTJ Size of area: The size of the altered area shall be limited to the minimum required for the proposed action. (17) All buildings, other than accessory buildings, as defined in Title 1100 of this Code, shall b(. set back At least one htllidred feet (100') flOlu the wetland. (18) All accessory buildings, as defined in Title 1100 oftms Code, shall be set back not less than the requil ements set forth in snbdi-\; i~on 1104.01 (3) of this Code. (21) Remo\lal of vegetation within a wetland zoning distlict shall be pennitted only w hen I easonably I equil ed fot the placement of stl uctur es and use of pi operty . Subd. 5. Standards for Denial of Permits: No wetland alteration or wetland buffer permit may be granted which would allow any use that is prohibited in the zoning district in which the property is located or which will: a. Result in incompatible land uses or which would be detrimental to surface and ground water resources. 3 See Chapter 1302 of this Code. . . . Ordinance 602 August 25, 1997 Page 6 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 with 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 ra.pid runoff of surface water which contributes to downstream flooding or water pollution or development of land and water areas which provide ground water recharge or development which diminishes the land or water which are necessary to carty increased flows of storm water following periods of heavy precipitation. Subd. 4-.Q.. Permit Issuing Authority: The issuing authority for wetland alteration permits shall be as set forth hereinafter: a. Administrative Issuing Authority: The Director of Community Development Public V/orks/City Engineer or designee (Duilding Inspector or City Planner) shall have has the authority to issue wetland alteration or wetland buffer permits which meet the standards in this Chapter iffor the following types of activities: Will The permit requests Repair or maintenance of any lawful use ofland existing on the effective date hereon. (b) Alterations ~ithin the wetland buffet zone do not extend into or impact the adjacent wetland. feJ(2) The petmit requests Public and/or private utility work on existing facilities. (2) The Director of Public \-"orks/City Engineet or designee (Duilding Inspector or City Planner) has the authority to iS5Ue wetland alteration permits for the following work within the wetland buffet zone, but outside of the wetland hot having advetse impacts upon the wetlands. (3) Alterations within the wetland buffer if they do not extend into or create an adverse impact the adjacent wetland as follows: . . . Ordinance 602 August 25, 1997 Page 7 (a) Installation and maintenance offences. (b) Landscaping, and impervious surfaces which surfaces do not exceed 1,264 square feet (c) Detached garages, accessory buildings and driveways, and additions thereto which do not require a conditional use permit. (d) Grading which does not adversely alter storm water storage capacity, storm water flow direction or runoff intensity. (e) Temporary structures not requiring permanent foundations or pads for support. (f) Building and structural additions to a principal building which addition does not exceed 1,264 square feet. b. City Council Authority: The City Council may issue permits which meet the standards in this Chapter and are beyond the scope of the administrative authority stated in Section 1010.08 Subd. 5.a. appIoval above. ~hich have been Ic.vie~ed by City staff and IeferIed to Councilor whieh are appealed to Council after having been reviewed and denied by City staff Subd. 5 7. Application and Review Procedures: a. Submittal Materials Required: DIa~ings and I:'X:b:ibits. The following drawings and exhibits may be required with a permit application, unless specific items are waived by the Director of Community Development based on the scope of the proposed development: ct: ill The name and address of the subdivider, developer and owner or any other party of interest. b:- ill A legal description of the proposed site with a map showing its location with indications of private access roads and existing or proposed public roadways within and surrounding the development site. e:- ill A full and adequate description of all phases of the operation and/or proposed physical changes. d:- ill A soil survey map of the proposed development site. e:- ill A topographic map of the development area with contour information at . . . Ordinance 602 August 25, 1997 Page 8 two foot (2') intervals or spot elevations at two hundred foot (200') intervals and at a horizontal scale of one inch to one hundred feet (1 "=100') or larger. of. (Q) A detailed site plan of the proposal showing: iI. (a). information on existing drainage and vegetation of all lands within the site and to a distance offive hundred feet (500') surrounding the site or to the wetland drainage district boundary, whichever is shorter. g:- ill A site design map showing the location of existing and future man-made features within the site and to a distance of five hundred feet (500') surrounding the site or to the wetland drainage district boundary, whichever is shorter. W proposed drainage, grading and landscaping t m The time period for commencement and completion of the development, including time for staging of development, if applicable. .r. 00 Design specification and plan for all sediment and erosion control measures as well as all grading and drainage appurtenances and practices. k:- (2). Engineering data related to computations of existing and proposed hydrology, water quality, hydraulics and soil loss. t:- (lQ) Such additional information as necessary to evaluate the permit application. Subd. G. Considerations in Granting of Appro\1al. In c;onsidcIation of an application fOI the issuance of A ~Gtland alteHrtion permit, the City may require tliAt the Applicant fumish and supply such information as required in subdivision 5 hereof In acting upon A wetland alt~Iation permit application, the City shaH c;onsider all relevant factors specified in other sections of this Chapter, including. a. The lehrtionship of the proposed use to the Comprehensive Plan and the impact of the pIOposed use on the wetlands in the sUIIounding area. b. The impact of the proposed wetland alteration on the surface water storage, fish and wildlife habitat ahd water quality ernlancenlent values of the wetlMld. h.. Subd. 7. Processing of Application: . . . Ordinance 602 August 25, 1997 Page 9 (t." ill The permit application shall be submitted to the City. The City shall process the permit application according to the provisions of this Section 1010.08 subdivision 4 hereof. For permits req..uiring City Council action, the Community Development DeJ)artment shall prepare a report and recommendation for consideration by City Council prior to the City Council taking action on the permit aI'plication. The Community Development Department or the ~ Council may refer the permit application to the Planning and Zoning Commission for its recommendation prior to action being taken on the permit application. or the City stctfffur revie\lV and report Ot may direct that the permit application be processed according to the procedures specified fot the processing of conditional use permits set forth in Titk 1100 of the Municipal Code. fJ. (2) A wetland alteration permit may be processed concurrently coextensfv eIy with any other application for use permit approval that may be required under other provisions of the Municipal Code. ~ Subd. 8. Action on Permit; Conditions: (t." (1) Compliance with standards: No wetland alteration or wetland buffer permit shall be approved except it meet the standards set forth in Section 1010.08 Subd. 4. A permit A V\iethmd alteration permit may be approved subject to conditions reasonable and necessary to ensure compliance with the r equir ement!l contained in subdivision!, J and G hereof. aforementioned standards in Subd. 4. Such conditions may, among other matters: (a) {l1 Provide for the enhancement of ~etland storm water storage, fish and wildlife habitat, and water quality enhancement functions of wetland zoning districts; ill ~ Provide for enhancement of recreation and education opportunities in wetland zoning districts; W ffl Limit the size, kind or character of the proposed work; (d) t41 Require the construction of storm water detention facilities or other structures; W ffl Require replacement of vegetation; ro t61 Establish required monitoring or maintenance procedures, including the payment of costs for such procedures; . . . Ordinance 602 August 25, 1997 Page 10 (g) f11 Stage the work over time and increments of land to be developed; (h)f81 Require the alteration of the site design to insure buffering; ill f91 ReqJ.1ire postini of sufficient surety to guarantee conformance to the putPoses of the permit and all laws regulatini the activity; 01 the plovision a performance bond, or ill ttBJ Require the conveyance to the City of certain lands or interest therein. b:- (2) Modification ofZonini ReQ.uirements: The dimensional requirements of the underlying zoning ordinance may be modified in furtherance of the purposes of this Chapter. (3) Considerations in Grantini of Approval: The City shall consider all relevant factors specified in other sections of this Chapter, as well as the followini: a. The relationship of the proposed use to the Comprehensive Plan and the impact of the proposed use on the wetlands in the surroundini area. b. The impact of the proposed wetland alteration on the surface water storaie, fish and wildlife habitat and water quality enhancement values of the wetland. e: (4) Action by Resolution or by Written Notice: Action on permits shall be by the City Councilor by the Director of Community Development, as provided in Section 1010.08 Subd. 6. A permit approval may include such terms and conditions as is deemed necessary by the approval body to protect the public health, safety and welfare and to meet the standards set forth in this Chapter 1010. For permits reQ.uirini City Council action, the City Council shall take action to approve, approve with conditions, or deny a permit application by resolution. For permits allowini action by the Director of Community Development, the director shall notify the applicant in writini of the decision on the permit. Upon applovm of the application ror the permit, the City Council may establish such tetms and conditions, in addition to those specifically cited in this Cha.ptet 01 Title 1100 of this Code, as it deems necc,ssary to protect the public health, safety and welfare, including the posting of sufficient smety to guarantee conrolhlallCe to the. purposes of the petmit and all laws Iegulating the activity. The de\idopment controls prOvided in Section 1006.0G of this Tile ma.y also be requiled. . . . Ordinance 602 August 25, 1997 Page 11 c. 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 Chaptet or Title 1100 of this Code, as it deems necessalY to protect the public health, safety and ~elfa1'e, including the postittg of sufficient SUI ety to gmu wee confolInance to the pur poses of the petmit and all la~s regmating tlle activity. The development controls pro'\lided in Section 100G.06 of this Title may &:Iso be required. Subd. 9. Subd. 8. Expiration; 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 approval authority. 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. (Ord. 505,4-27-92) Section 4. Section 1010.09 ofthe Mounds View Municipal Code is hereby amended as follows: 1010.09: ~,r ARlANCES AND APPEALS: Subd. 1. Application fOI Ya1iance or Appeal An applicant m~y appeal the denial of a wetland alteration or wetland buffer permit by the Director of Community Development to the City Council. An appeal shall be filed in writing no more than 14 d~ys following the date of the decision by the Community Development Director. The appeal shall be scheduled for consideration by City Council at the next regular City Council meeting which is at least seven days from the date of the a,ppeal Consideration of appeals shall be in accordance with the standards and procedures set forth in this Chapter 1010. A decision by the City Council shall be final An application for variance or appeal to the Council shall be processed accor dihg to Title 1100 of the Municipal Code. Subd. 2. Grounds for Denial ofVaria:tlce. No variance may be granted which ~ould allo~ any use then is prohibited in the zoning district in ~hich the propelty islocened 01 ~hich ~ill. a. Result in incompenible land uses 01 ~hich ~ould be detlimental to surface and ground ~ener resources. b. Increase the financial burdens imposed on the community tll10ugh increasing floods and o"erflo~ of ~ener onto land areas ~ithin this City or onto land areas adjacent to Rice CI eek. . . . Ordinance 602 August 25, 1997 Page 12 c. De not in keeping with land use plans and planning objectives for the City 01 which will incI ease or cause danger to life or pr ope-It,. d. De inconsistent with the objectives of encouraging land uses compatible with the preser vation of the natural land fOlms, vegetation and wetlands within the City. e. Include development ofland and water areas essential to continue the tempOlary withholding of rapid runoff of surface w at~r which contributes to do w nstr eam flooding or water pollution 01 d~elopment ofland and water areas which provide ground water lecha1ge or d~elopment which diminishes the laud or water which are necessary to carry increased flows of storm water following periods of heavy precipitation. Subd. J. Supporting Data. No pencit or variance shall be issued unless the applicant, in support of the application, shall submit engineering data., surveys, site plans and other information as the City may require in order to deternnne the effects of such development 011 the affected land and water a1eas. (Ord. 505,4-27-92) Section 5. This ordinance becomes effective thirty (30) days after its publication. Read by the City Council of the City of Mounds View the 11th day of August, 1997. Read and passed by the City Council of the City of Mounds View the 25th day of August, 1997. ~~~. ~ \ Duane McCarty, Mayor ATTEST @s,wq~ Charles S. Whiting, City lerk-AdtmnIstrator APPROVED AS TO FORM: N:\DAT A\GROUPS\COMDEV\SPECPROJ\SP 17.97\WETLAND.ORD . . . mffibabit of ~ublitation ~tatc of :ffiinncsota }~. ~ountp of 3Ramscp TONYA R.STENSGARD , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRIGHTON BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 602 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WEDNESDAY, the 3RD day of SEPTEMBER, 19~, and was thereafter printed and published on every to and including day of , 19~; and printed , the below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: "ADS8crallldl(LMt~0l'QRGTI:J':\'oo<-Z 'AB00cr011IdltLMlJ0POnOllJ'iN)f.'Z *abcdefghij klmnopq rstuvwxyz ~rof#r742 Subscribed and sworn to before me on this 3RD day of SEPTEMBEI3 , 19...9L. SX k ~~J-~ ~otary Public /.. K i,;jICHEL ,;/) i N:V f-UiJUC-.fv1INNES01A H;\MSEY COUNTY 31,2COO *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $15.50 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . $10.51 per col. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $ per col. inch 1/97 significantly adverse effect, as determined by the City, upOnthe ecological and hydrological characteristics of the wetlilrld. However, in no case shall the restrictions s.et out below in 1 1 . be excee ed. Since the extent of alteration which can be permitted is limited,. the City, wl:lep considering a permit applitation,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 wetl~n~ located within each property. .'. (1) Any alteration shall not cause a reduction in the flood storage capacity of the wetland. Flood storage capacity ~hall be determined by analysis ofthe runoff from the. entire developed wetland drainage district resulting from both the 2-year and 1o'o'-year frequency, 24-hour SCSType t distribution storms. . . (2) An alteration shall not reduce the existing water qilality enhancement value of a. wetland under conditions of ultimate development, during both the 2-year and 10,0- year frequency, .24-hour SCS Type I 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 us.ing. methods approved by the C~. ' ~~ Alterations shall be carried out so as ~ to minimize the impact on vegetation. i Section 3. Section 10,10,..0,8 is hereby i amended to read as follows: . o'n . d'stridsh lice'. ermined on! .when ,1010,.o'8;~ I . '..1' "-te 18 "n ~ ~..'.!',A .~. @~ Alterations shall not adversely affect PROCEDURES the water flow characteristics within the SuM. 1.. ~ ~ wetland as determined. by the City. . ,II ~ The following activitlesin @~ Storm water runoff from a or upon a wetland zoning district shall require development may be directed to the wetland ~ either a wetland when in conformance with the Local Water r f . w i Mana!;lement Plan1 and only when orovidedin,Section 10,10,.0,8 Subd. 2. sybstantially, as determined by the Council, a. The dig'ging, dredging, filling, draining or free of sediment, debris and chemical in any way altering or removing any material pollutants and only atrates which will not from a wetland. substantially disturb vegetation or increase. b. The alteration of vegetation within the turbidity as determined by the City. '. wetland or the destruction of vegetation within m.~ The proposed action shall not cause the wetland zoning district, except to abate a storm water runoff from the development to public nuisance. take place ata rate which would exceed the c. The construction, alteration or removal of rate or volume of runoff as anticipated by the any structure. City's Local Water Management Plan2. d. The altering of any embankment or !ID~ The quality of water infiltrated to the ponding area or the changing of the flow of water table or aquifer shall' remain water or ponding capacity. substantially, as deter(llined by the City, e. The storing of materials which would unchanged by the alteration of the site; interfere with the flow of water and/or ponding (9) No part (If any sewage disposal system capacity. . requiring on-land or in-ground disposal of f. Disposing of waste materials, including waste shall be located closer than one but not limited to demolition debris and yard hundred feet (10,0,') from the wetland. AU on- waste. land or in-ground sewage disposal systems g.1 nstallation or maintenance of essential shall meet criteria set out in Minnesota Rule s"s~t8~;t.;rYDes'.(ijfPermitS'Fieaulr8d:~tl\~u~rea~;:::sy4;t:!!!~tan~~1~~1dJ1a). . ~pw"g"'.'. followinaoermits shall be reauired for anv .(10,) Waste w_hich would normally be develooment in a wetland zoninljl district. disposed of at a solid or hazardOUS waste a. Wetland Alteration Permit; No disposal site or which would normally be development shall be allowed within that discharged imo a sewage disposal system .or portion of a wetland zoning district which is sewer shall not be, directly or indirectly, delineated as a wetland on the Wetland discharQed to a wetland. . . Zonina Dis'rict Mao without first havina 1 See Chapter 130,2 ofthis Code. obtained awetland ;:ilteration permit from the. 2 See Chapter 13o'20fthis Code. City as orovided for in this Section 10,10,.0,8.. b. Soil Conditions; Control of ErOsion: . b Wetland Buffer Permit: No develooment ill~ Construction erosion control shall be allowed in the area defined as the measures and retention' facilities shall be wetland buffer area as shown on the Wetland designed to limit soil loss from the Zonina'Dislrict Mao YLitl:lout first.i1avina' development site to not more than five (5) obtaineaa wetland bufferoerrnitfrom the City tons per acre per year. Plans and supporting as orovidedfor in this Section 10,10.0,8. documentation .for such measures and' c. Development Overlappinljl Wetland and facilities shall be developed and approved by Wetland Buffer Area; Authority for Aooroval the City prior to commencement of with Combinations of Activities HavinQ construction. Different Aporoval Authorities: Where a .. '.fID.~ 'fheapplicanf for the. wetland prooosed de'Y'eloomenf includes area in both alteration permit or wetland buffer permit shall ' ~~ :tl~d and w~land b;r~r are~ ~ be req!Jired to demonstrate that, after the o Ii nt. hall only b reQuire .0 apol f . development is completed, the conditions on wetland alteration permit which shall coller the site will be stabilized such that the yearly Soil entire develooment area. Where a oropoSed loss from the site will not be greater th.an five- develooment includes activities subject to City tenths (o'.5pon per acre per year. Council aoproval. al'ld activities subiect to !ID.~ Sediment and soil loss shall be administrative a\?proval the qermit shall cover determil1ed utilizing the Universal Soil Loss all activiti$*l ahd shall be. reviewed anel Equation as defined by the U.S. Department aporoved by the City Council. of Agriculture'Soil Conservation Service ~ ~ Exceptions to Permit Technical Field Guide, as amended from time Requirements; . to time, as provided for Ramsey Soil and a. Emergencies: Upon the declaration of an Water Conservation District. emergency by the City, emergericy work \ (4) Only fill substantially free of chemical necessary to preserve li~e or property shall be pollutants and ~astes, as determined by the permitted in a wetland zoning district City, may be used. b.Repairs; Upon application and approval !ID.~ A building's minimum elevation b{the City Council, a person may repair or permitted in a wetland zoning district shall be maintain any lawful use of land existing on the as defined in the Local Water Management effectivedatehereof..' .' . PlanS. . c. Recreation Areas or Parks; Notwithstand- !ID~ No alteration shall beallowSd which . ing any other provision of this Code to the will endanger the health, safety or welfare of contrary, a person may develop a !v'Iunicipally- persons or which may result in unusual road owned recreation area or park facility on City- maintenance costs .or utility line breakages owned lands which . will involve the due to soil limitations, including high frost development within a wetland zoning district . action. . as part of an integrated plan, comprising not !<...~ Schedulinljl of work; Work in the less than seventy five (75) acres, where such wetland will not be performed during the development would reasonably cdnserve, breeding season of water fowl or fish pre.serve and enhance the Emvironment by spawning season. providing.facilities that would protect the ll...~ Size of area. The size of the altElred public health, safety and welfare. . . area shall be limited to the mi,nimum required Subd. 4. li:lllill .3 Permit li:tliRlIlI.rllll for the proposed action. Standards for Aoorovai' of Permits:, Nopermif 3:See 'Chapter 130,2 of this Code. , shall be issued unless the City finds and '."71 ^ II Ii .111' ...... \" ",' lJl ,1,RU9, at.aJ t..aR,Q9S999_9ry determines that the proposed development IillillliR38, 11.8 lIefiRllll iA Titlll 1100 llf t"'i8 complies with the ~standardsn ~8i18, 8RII.ll1i8 88t 1i1l.81t at ')811.8t 8A8 RIIRlIrlill stated in this'Subd. 4 llr IIAI888 II. 'II.rill.l'lli9 i9 "f89t (1 gQ') trim tlole u atlaA9 !lrll.lltlillli:,r Ute ~alJAliit 1I.8.lilit fliRR iA li:liiltillA I ^ .' " " (1 i 'II 81199999~ ~'wil(jiR8Q, ria, 8gfiR9~ 1Ft 1010011lift~18 .~t;llil,*,r ~ooroval of either a "Htle1100 liftRi8 ~1l1l8, lil:1li1l1lillliilt Ii.lillilt Allt w~tllmd alteratlo~ permit or wetland.buffljlr Ili8li tRIiIA \llli J91111iHlRlliAt8 89t flirtR iA permit shall C01<1stltute aooroval of a vanal'lce.,. 8wlilli"i8illA 1101 01(a) 9ftRig ~8119 to the reaUlrements of thiS 9haoter 1~1o', "~t.) ~Alli raliM "1l!llitiMi8R' itRiA iii .. 8t1Ii1RII a. Mml~!Jm Alteratlon~ m. Ecololjlllfa,1 and ilIlRiR!llli8tr.ilit g~1iI1I lill ~9rRlittllll 8Rly '''1:19A Hydrol091cal Charactenstlcs; ,A (lllrH.mumr8Ii1liIlR~lily rlllllJirllll ~lIr'tI:l9 IillillillRlIIFlt llf alteration of a wetland may be allowed.wh13n Iltrlliltwrll8 IiIRlIlIllUf IifIlIiIlW; . ne,c!l~~a.ry. ',for.the. use.,. of p..roperW but~O.',~IYS,:J'i~. s:ndar~s fo~~ral ~f Permits. V'hery It :~11l not hav.e a substantlall~)?r No _ 8_d ~..Jlrati~L or _and !Lffer oermit ORDINANCE NO. 602 CITY OF MOUNDS VIEW. COUNTY OF RAMSEY STATE OF MINNESOTA. AN ORDINANCE RELATED TO WETLAND 1lG ZONING REGULATIONS AND AMENDING ' TITLE 1000, CHAPTER 1010, SECTIONS 1010.07,1010.08 and 1010.09 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 10,10,.0,7 Sub.. 1 of the Mqunds View Municipal Code is hereby amended as follows: Subd.1.~~ ~. . Section 2. Section 10,10,.0,7 Subd.. 3a.(3) (a) and (b) are hereby amended to r.ead as follows; (a) All buildings, includinq ~ accessory buildings, as defined in Title 110,0, of this Code shall be setback at least one hundr.ed feet (10,0,') from a wetland, ~ bn rv .r' I i Provided in Section 1o'~0.o'8. ~; ~~ ~ Public and/or private utility.~ork on ,)(isting f~cilities. Citj PIQ,RF1~r) ,RIl9 "n~s -.~w'~9rity t~ jaB.US ~Yt8i89 9f' tR9 'r8tIQ~~ 'RQj hQ"'iR"S 88"9f89 1~"Q9t9M'fi9R ~9..a'9tlQR~8 ! '(3) Alterations within the wetland buffer if thev do not extend into or create an adverse impact the adiacent wetland as follows: (a) Installation and maintenance of fences. (b) Landscaping, and. impervious surfaces which surfaces do not ~xceed 1,264 square . feet. (c) Detached garages, accessory buildings and drivewaYll, and additions thereto which db not require a conditional use permit. (d) Grading which does not adversely alter storm water storage capacity, .storm water . flow direction or runoff intensity. . (El) T~rnPo!a",~slructure.J! not req!J.irinll.. permanent foundations or pilds for support. If) Building and structural additions to a princioal buildina which addition does not exceed 1 264 SQuar.e feet.,; b. City Council Authoritv; The City Council . may issue permits wHicih. meet the standards in this )Chapter and are beyond the scope of . the administrative authorltll 'stated in Section 10,10,.0,8 Subd. 5.a.'81iIir8"liIlIiI1i8"1i ~ 1018 '8 BijQR' fa' is 911 BY Citf ota1f BRa rsf9frsfll , tll "glolRlliI or ~ are appealed to C.ouncil after having b.een reviewed and denied by City staff. ' . ' Subd. . 7. Aoolication and Review Procedures; . '. a. Submittal Materials Reauired: ~ 8RlI IiillRiliit8 The following drawings and exhibits may be required with a permit application, unless specific items are waived by the Director of Community Develooment based on thescooe of the oroposed development. a. ill The name and address of the subdivider, developer and owner or any.other party of interest. &. m A legal description of the proposed site with a map showing its location with indications of private access roads and existing or proposed public .roadways within and surrounding the. development site. , 8P Ql. A full and adequate description of all phases of the oper.ation and/or proposed physical changes. &. ~ A soil 'sUrv.ey ftlap,of the proposed development site. . a. !ID. A topographic map of . the development area with contour information at two foot (2) intervals or spot elevations at two hundred foot (20,0,') intervals and at a horizontal scale of one inch to one hundred feet (1"=10,0') or larger. *'. @A detailed site plal1 of the proposal showing; . 1:1. i!ll information on existing drainage and vegetation of afllands vvithin, the site and to a distance of five hundred feet' (50,0,') surrounding the site or to t~e wetland drainage distr.ict boundary, whichever is shorter. '" .illl.~ site ii89ifJR FRat) 8Rau'jRB the .location of existing and future man-made features within the site and to a distance of five hundred feet (50,0,') surrounding the site or to the wetland drainage' district boundary, whichever is shorter. 1l<l pr'oposed dr-ainage, grading and landscaping . io ill The time period for commencement and completion of the development, including time for staging of development, if applicable. j. LID Design specification and plan for all sediment and erosion control measures as well as' all grading and drainage appurtenances and practices. *". m Engineering data related to computations,o.f existing and proposed hydrology, water quality, hydr.aulics and soil loss. Iod.1Ql Such additional intormatlorr as necessary to evalu~e the permit application. ~ ~ ~ b. Subd. 7. Processing Applications: a. ill The permit application shall be submitted to the City. The City shall process the permit application according to the provisions of this Section 1010,.0,8 ~ 4 hereof.. Foroermits reQuirinq C,ty Council ~!llQQ..ment Deoartment shall oreoare a report and recommendation for considerati~ ~~ on theoermit aooJication. The Communitv Develooment Department or the ~. Council may refer the permit application to the Planning and Zoning Commission for its re ommendation rior to action bein. taken ~~ ~~ .~ &. ~ A wetland alteration permit may be processed concurrently ~. with any other application for use permit approval that may be required'!Jnder other .provisions of the Municipal Code. !<,. ~ Action on Permit: Conditions: a. !1l.J:&!l1u!laM!LYtillL2!i!D d a r d s: No wetland alteration or wetland b'Jffer oermit shall be aporoved except it meet the ~ection 10,10,.08 Subd. 4. A oermit~~ may be approved subject to conditions reasonable and ~ecessary to ensure compliance with the 8RS i Rllr89f aforementioned standards in ~. Such conditions may,. among other matters: !al f'Io1 Prov.ide for the enhancement of WliltlIl.I'I& storm water storage, fist] and wiidlife habitat, and water quality enhancement functions of wetland zoning districts; ill ~ Provide for enhancement of recreation and education opportunities in wetland zoning districts; , .{Ql ~ Limit the size, kind or character of the proposed work; , @ f41 Req'uire the construction of storm water detention facilities or other structures; 1m ~ Require.replacement of vegetation; ill ~ ,Establish required .monitoring or maintenance procedures. including the /laym.eflt.Qf. cos!S_ for.suph.!lJ.ope9ur~~ . 191 f7+ Stage the work OV'3r tim.e and increments of land to be developed; !tll ~ Require the alteration of the site design to insurfl buffering; ill ~ Reauire oostinljl of sufficient suret\< to guarantee conformance to the ourooses of the oermit and all laws regulating the activit\< . Qr lR9 ~r8 'i8iQ~ 8. p9RarFRBFlBS ~8H8, or ill. ~ Require the conveyan'~e to the City of certain lands or interest therein. &. (2) MOdification of Zoning Requirements: The dimensional requirements of the underlying zoning ordinance may be modified in furtherance of the purposes 01 this Chapter. (3) Considerations in Grantina of Aooroval: The City shall consider all re'evant factors specified. in. other sections of this Chaoter. as well as the followinq; a. The relationshio of the proposed use to the Comprehensive Plan and the impact of the prooosed use on the wetlands in the surrounding area. b. The imoa'ct of the orooosed wetland alteration on the surface water storaae. fish and wildlife habitat and water !auality enhancement values of the wetland. .8P (4) Action bvResolulion or bv Written Notice; Action on oermits shall be bv the City Council or by the Director o1..QQ~ Develooment as orovided in Section 10,10.0,8 Subd. 6; A permit approval may include such terms and conditions as is deemed necessary by the aooroval bodv to protect the oublic health. safetv .and welfare and to meet the standards set forth in t~pter 10,1 o'. For permits reauirina' City Council action the ~ Council shall take action to 1:Ioorove. aoorove with conditions or deny a permit aoolication by resolution. For permits allowinl;J action ~ the Director of Community Develooment. the director shall notify the aoolicant in writinQ of the decisicin on the oermit. I 'IIl/R aplirg"iil IIf tAg 9.fJplie9ti9R fGr tR8 pgrFRR, tR8 ~it\. ~9WR9i1 May. 99t881i9~ 9W9R terms BAg B8FH~iti8R8, iR a""iti9R 18 tRess 8~9Gifi9Q1Ly sites iF! tRis 'CRaptsr Sf Title 110g 9f ttxlia ~9g9, ae it d88~9 RiiI'88G98r.v,.tQJir8t89tt~9 pl/!lBli9 R8eltR, a9f9ty BRg "'glfar8, iRGh2lsiR8 fR.B JH18tiRB 9f s'!ftioi9Rt 8hllfijt)' t9 SW8faRtgg 99RMafFRaR9Q 19 tR9.tHn'HI1lge 9f t~8 permit eRS _8/1 18'~'e r-9S,\llati,R8 tR9 Q'gti"ity Tl?lg 9g"SI9,HR9,Rt 98...tr818 ,Ug' 'jggg jRiggtj8R 19Q~ Qi gf tRi,t "HthJ ~a.1 8199 b9 f8~lllIif89 8 . 'tag... 9.Jitug"al af' tR9 aPfllli9ati9Rf~H tR9 Ji8F~it .tAe ~ity ~8WR9il FRay 88t891i8R 8W91:<r tefFR9 8R9 89RSiti:BRO, iF! liHiaiti9R t8 tRess sp89ifi8Qlly aitflu iR tRia (',",Q~t8~ Sf Ntl9 11 gO af-tRig Cg9S, 88 it ~88m9 A"g'J88Q~ 1'8 J'fat98t tAa pwblio A8~ltR; 88.~tJ' QRS "'81f8f8, iR81waiR8 '~8 P8StiR8 9f 9w1fisi8F!t 81Jrgty t9 8waf8Rta8 98Rf8rm8As8t9 tR9 ,nUp98'J8 - 9f tf;c1Q_ p9ffJIit BR9 rail ,18 .'9 f98wl8tiRS ~RQ ,88ti 'ily TR8 gtil"918p~9Rt 89...tf919 'pf9"i~8Q .iF! i99l;i8A 1 gOi g~ 81 t.f:iti., Htla .FRayalse 98 f9~wif~~ ~ ~. Expiration; Extensions and Renewals: Aperm!ttM shall begin the work authorized by the permit within ninety (90,) days from thedate;Qf issuance 'of the )"l;'.',..... .~-:;~.._''--'' ..,~......,'~_.,; ,...' ;.::"'_ c~;.,._,. ".:.;~:~,;\",,-, :/, permit.unless otherwise set forth in the permit: The permittee shall complete the woi'k authorized by the permit within the ti(T:Ie limit specified on the permit which shall in P9 event exceed more than twelve (12) months from the date of issuance unless such time limit Is extended by the ~mw[oval authority, 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 becomevoi.d. (Ord. 505, 4-27.92) Section 4. Section 1010.09 of the Mounds, View Municipal Code is hereby amended as follows: 1010.09: UARIAtlCiS Atl~ APPEALS: . ~~8Q 1 ^JipIi9liHiQ~rfer \lQriaA89 Qr'A~fl9~ An. aonlicant may anne'al the denial of a wetland alteration or wetland buffer nermit b)' , the Direct~ of Community Qevelonment to the City Cunei! An anneal shall be filed in writina no more than 14 days followlna the' date of the decision bv .the Community. Develonrnent Director. The apneal shall be i scheduled for considerationbv City Council at . the next reaular City Council meetina which is" at least seven days from the date of the anneal. Consideration of anoeals shall be in accordance with the, standards and ~rocedure~ set forth in this. Chanter 10'0. A, decision bv the City Council shall be final. AFt 8lifiliQQti8R far "8JiaR9QQr- appeal ta tR9 C9WR9il 9Rallli9 ~r998888i1 a888riliR!l \8 Ht49 ~ 1 QQ a1 D;lg t~!!jRi9ip~1 eggg , ..1499 _ 2 <ir91JRtts faT QSRia' 9f \ 'ariaRag ~Ig variaRo8 ma:,! 89 oraRual'.'RioR '''9~''1' ails'" QRY lij~Hi!Rat is fln~RibitQg iA' ~~ ~UiRiR9'di9tA8t iR '.'RiaR tR9 'pr9flSFrj is 189atg9 iU .utMliSRu'i!I' 8. Vl99ij)t iR iR89~'HHiB1D hil'l9 usee if .'RigR WQwl~ 98 QstFiFR9'Rt8J 19 8wl;f~99 8.Rfij.OfSYA( !/(Qt9r re9"WH~Q9 :'~' 'IRiJr9~Btr'~Q' fiR8Roial .ibifS9R9 .imJi'90S9 8R tR~ 9QFflFRWRitj tRf91lllgR iR8fgasiR8 fI8~,Q.Q.. ~~~ 8"8r4t~r.' sf :.'~9rQRtQ I~Rd ar9ag,'''i~iR :'t~8'-~it.r qr sRte '.f&RB8JS8a adjao13At 19 ~iS9. ~ . " ,8. is Rat iR Ittl~tiiRg '''itR laRa 1149.8 .pISRG _8A~ fillaRRfRg 88j9Sti"sG far tl;;ls City Sf "'RigR'~'i11 iR9reBB9 ilr 8Q1ztS9 il8.Rg8f 19 Iifa Of ~r9~9Fty-' &, i9 i~9_RSi&t9Rt ....itR t~9 'gBl9iti"9~9f 9R99wra8iRB I~R9 weB8 9sm~atiBI.9 'itR tR~ I filr8EHH"ati9R 9f tR9 A8hHal IBRa forA19, "8gstati9A 8Ra-u'StlBRtl6 "'itRiR the Citv . 8, IRslwge 9g"slGJiFR9FR af 'aR:ia~a '''9.t91, ar898 98s9Rtial t8 e9RtiRYlJ tRB ,eFFlparary VJitRA91t1iR8 9t rapla rYR9ff 91 GUR9B'U ,a'_atgr :: :~:~~:li:r t;9~::-;:::( 9~~::~~~ ~~;t~r Q~~~8 ..'tfiel;\lPfs"ia9 fjr911FHi "'af9t f89RarS8 sr 98"BI9f'AHiRt '.'RiGR- aimiRioRSQ tRS I~a Sf" star' 'RiGR 9Je FlBOB99~fY tg Berri iR'H9a9~_Q 11_;'''6 91 stgrm '.'atar fgllsu'iAg I Ji8fi8Q9 8f Age' RJ prB9ipitat49A ~ ~wliil 3 li:w~~8FtiR!l gala tl9 ~wf1it 9f', \'QfiaR99 &~Q\I 99 t99U99 MR\a99 tR9 aflp1i99Rt. I, iF! 8_w~fHHt 8f tRg-apfiliseti8R, GRail Q1lll~mit~1 8R~iR€l9riR8 g8taI9lU"9~'91 aite pieRS CiA":,~. stR8r. iRtormati9R. a9 tR9 C'it'1; me) ri~wir9 iR I :~ilIH HI. ill1tl1rFFli.RI1 IR9 9ff9l1tl1 lit aWl/R ~'~ls~~eRt .~ t~B &#9ilt(18 18R~ ami ..'9t9r- ilfQaG (QF9 IiQIi, 1 :<17 g~) Section 5. This ordinance becbmes ~ffeclive thirty (30) days a1ter its publication. . Read by the City.council oUhe City of Mounds View the 11th day of August, 1997. Read and passed by the City Council of tM City of Mounds View the 25th day of August, 1997. Duane McCarty Mayor ATTEST /a/ Charles S. Whiting City Clerk-Administrator APPROVED AS TO FORM: Robert Long, City Attorney (Bulletin: Sept 3, 1997) . . . , ~ffibabit of ~ublication ., 'V'. . ~tate of .:fflinne~ota }~~. QI:ount!' of l\am~e!, TONYA R.STENSGARD , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRIGHTON BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 602 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WEDNESDAY, the 3RD day of SEPTEMBER, 19~, and was thereafter printed and published on every to and including day of , 19~; and printed , the below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: "'AI3Cl8Cr61I1dI(LMNOl'GlFlS~l:I'.~'Rffi!! .,a,El8ElCrOIIlJltU,lt JGPeAe'l"eJW~f:Z *abcdefghij klm nopq rstuvwxyz ~t~-1A- Subscribed and sworn to before me on this 3RD day of SEPTEMBER, 19...9L. ~k~ r~-:Q~/-~ otary Public -....,-,.,-""'.,.~.- ~',-,-'..~'rrJ'~-i'.>---,,- ! r!-'~:.'-',\.ilE K. ivHCi- i ,(fAi'V PiXlUC-MINN! rii\i\,FTY COUNTY Lr':"n,i.:;:)ion Jf'\~! 2 *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $15.50 per co!. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . $10.51 per co!. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $ per co!. inch 1/97