HomeMy WebLinkAboutOrdinance 488
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'. ORDINANCE NO. 488
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING
CHAPTER 48 ENTITLED, "WETLAND ZONING ORDINANCE"
The City Council of the City of Mounds View does
hereby ordain:
SECTION I. Chapter 48, Wetland zoning Ordinance is
hereby amended as follows: f
48.0l. TITLE, COUNCIL FINDINGS, POLICY, PURPOSES, AND MEANS.
Subdivision l. Citation. Section 48.01 to 48.15 may be cited as the
Wetlands Ordinance.
Subdivision 2. Findinqs and Purposes. 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 ooneorvoa
aRa maiRtaiRod, manaaed will constitute 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
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. 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 sedimentation, eutrophication, or pollution; to prevent
loss of boaofioial aquatic organisms, wildlife, and vegetation or
the habitats of the same; to provide for the protection of surface
and around ~ 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 tho fin:moial e\:1rdens imposed \:1pon tho
oOHlHl\:lRity thro\:1~h oorrootioR of erosion problems; tha1;, \lith propo-r
forosight, oO\:1ld eo a'..oidod, to enhance and preserve a'..oid tho
finanoial burdon of tho nooa for tho oOHIHIUnity to roolaim ito water
quality; and to enhance and preserve the loo:l.tioR, oharaotor :lRd
ontent of natural drainage ways OO\:1rsos.
B. The public interest necessitates sound land use development, as
land is a limited and irreplaceable resource, and the land within
. 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.
Subdivision 3. Means. It is f\:1rthormoro the intent of the city to
effectuate the purpose~ of this ordinance through the following means:
A. Adopt a map designating euistiRg f\:lRetioRing the wetlands protected
bv this Ordinance. that aro to eo proteotod from alterRatioRs.
8. Promote OOHlHl\:1Rity a\1arOReSO of tho ,..a1\;lo of \lator foat\:lros iR tao
oOHIHIUnity.
Gf!. Promote community education about the importance, function,
limitations, and iRtorrelatodnoDo impact of urbanization upon the
water resources foatureD of the community, inoludin~ tho ~paet of
'Jarious land \:1BOO \lithin tho oommunity, tho iRappropriate \:lsa~o of
oortaiR domeotio fertiliaoro aRa tao iHlpl omeRt at ion of proper
orosioR ooatrol praotioos.
~Q. To preserve and enhance tao ouiBtiR~ oORditioR of wetlands within
the community through implementation of development regulations
that will ensure the design and construction of adequate on-site
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. storm water, sedimentation and aOllHRIj retention and detention
basins, flow control devices, and implementation of effective
erosion control techniques.
EQ. To apply techniques such as density transfers to development
proposals in order to minimize ratios of impermeable surface to
open space. , aRa to proservo uotlaaas iR taoir Rat\:lral stato.
~g,. To establish means by which certain wetlands may be placed in the
public domain for purposes of enhancement , preservation,
protection, and maintenance.
GE.. To provide means by which tAe aevoloper 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.
H. To reLlte sJileoi3.1 3.ElSOSsHleat polioy to restriGtions oa property
th3.t are requiroa by this CAapter.
;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, "City of KO\iRaS 'lieu 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. This m3.p A wetland zoninq district may be modified
or eliminated amenaed by four-fifths affirmative vote of the Council after
Public Hearing and notice as set ~ forth in Chapter 40 of this Code~T ~
\lBtland Wetland zoning districts may not be eliminated reHl07Ba from taB map
unless it can be shown that the original designation is in error or that
conditions have changed. When modifvinq or removinq a wetland zoninq
district, the Council shall use the criteria and methods established in the
FEDERAL MllNUAL FOR IDENTIFYING AND DELINEATING JURISDICTIONAL WETLANDS dated
Januarv, 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 distr ict 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
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. uses must also satisfy the additional requirements established in this
Chapter.
48.04. DEFINITIONS.
Subdivision 1. Alteration. Any chanqe, addition or modification.
Subdivision 2. Buildinq. Any structure used or intended for supportinq
or shelterinq any use or occupancy.
Subdivision -6J. Development. The construction, installation or
alteration of any structurerL 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 watercourseL or the subdivision of land
into parcels pursuant to Chapter 42 of the Municipal Code.
Subdivision -6,f. Dimensional Reauirements. A minimum/maximum setback
yard requirements, or structure height or size established in Chapter 40 and
42 of the Municipal Code.
Subdivision -9,2,. Drainaqe 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 resulting
from a 24-hour rainfall 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 resulting from a 24 hour rainfall
~ having a recurrence interval of once in ovary ten years.
Subdivision 6. Enhance/ Enhancement. To heiqhten the value of Mounds
View wetlands with respect to the purposes of this chapter.
Subdivision 7. Manaaed. To control the use of Mounds View swetland
resources in a manner which is consistent with the purposes of this chapter.
Manaqement of wetlands includes conservation maintenance, and enhancement.
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. Subdivision 8. Permit. An official document or certificate issued by
the City authorizina performance of a specified activity.
Subdivision 42. Person. Any individual, firm, corporation,
partnership, association or other private or governmental entity.
Subdivision d-10. Structure. Anything manufao~uree, oORstruoted, or
ereoted on the gro\:1ne, ino1\:1eing but not limitee to, buildings, feRoes,
sheds, portable struo~ures, stooltpiles, oulverts, and o~her similar items.
That which is built or constructed, an edifice or buildina of any kind, or
any piece of work artificially built up or composed of parts joined toaether
in some definite manner.
Subdivision 1I. Water Ouality. The dearee of excellence of water
includina but not limited to phosphorus concentrations, sediment load, and
concentration of metals.
Subdivision ~12. Wetland. aroas Those areas areater than one acre in
size, that are inundated or saturated by surface or aroundwater at a
freauency and duration sufficient to support, and that under normal
circumstances do support hydrophytic veaetation, hydric soils and wetland
hydroloay, as delineated on the "City of UOURes Vie\! Wetland zoning District
Map~" as eerhree from data eOR;tainod in "We~land Areas of the City of :NouRes
"lio\l, " prepared by Ramsey Soil aRe Wa~er Conservation Distriot, datee
. Deoember, 191H.
Subdivision +13. Wetland Buffer Area. Areas abutting and within 100
feet, measured horizontally, of a wetland.
Subdivision ~14. Wetland Drainaae District. That area tributary to the
Wetland Zoning District as delineated on the City of UO\:1nds '.7ie\l Wetland
Zoning District Map.
Subdivision 815. Wetland Zonina District. The areas delineated on the
City of KO\:1ReS Vie~l Wetland Zoning District Map which includes the wetlands
and wetland buffer areas.
48.05. WETLAND ZONING DISTRICT REGULATIONS.
Subdivision l. Euoept as hereinafter speoifioally permittee, RO No
development, filliR'iJ, 'iJraeia'iJ, ered'iJiR'iJ, draiRiR'iJ~ euoa':atioR, hardcover,
temporary or permanent etrlioture, obstrlio~ionlJ, sop~io ElY13tems, \lells or
other altoratioRs 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.
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. S \is a i'" is ien 2. }le s\iilainEjs, ether than aooessory s\iilainEjs as
a\itheriBed in Chapter 4g ef this Ceae uhieh do net eenfliet uith the p\irposes
ef this Chapter, shall se allo~iod uithin a uetlana. S\ioh aooessory b\iilainEjs
shall net se aesiEjnatea or \ioed for h\imaR habitation.
Subdivision .J.l. 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, phoophor\io stripping ~
quality enhancement or other purposes expressed in this Chapter.
Slisaivision 4- Whenever a uetlana BeninEj aistriot is loeatea en laRds
that are being B\ibdi~idea, the sybdividor shall dedioate an easement to the
p\iblio aD required fer the p\irpeso of impro~ing, maintaining, or protootinEj
the area for arainaEjo, phespher\is strip~inEj, er ethor p\irposos ouprossed in
this Chaptor.
Subdivision .&1. 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 followinq requlations are
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required to control the density of development in wetland zoninq
districts. The purpose of controllinq development density is to reduce
the financial burdens imposed on the community throuqh rescue and relief
efforts occasioned by the occupancy or use of areas subiect to periodic
floodinq; to minimize loss of life, property damaqe, 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.
IJ. ~ Minimum lot width -125 feet as measured at the building
setback line.
J...:. All buildinqs, other than accessory buildinqs, as defined in
Chapter 40 of this Code, shall be setback at least 100 feet
from the wetland.
C. All etr\iot\ires shall se eetsaolt at loast 199 feat from the Hetland.
h All accessory buildinqs shall be setback not less than the
setback requirements set forth in Chapter 40.05 Subdivision
C of this Code.
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. Subdivision 6. Anv buildinq or structure situated on an existinq parcel
Euis"tiREj ParGels of ~ecord, ea as of the date of the oriqinal 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. if "the pa.rGol does ROt: moe"t "the requiremeR"ts of "this
Chapt:er and if "the follmdng oonditions euist I A non-conforminq parcel shall
exist:
A. Where A:~ny portion of the parcel is contained \:ithin tho area
EiefiRoa as the .!!.in a Wetland.!!. Area." iR "this ca:apt:or; or
B. Where If a"t leas"t 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~.!!. as EiefiRea iR this Chapter.
A non-conforminq buildinq shall exist:
A. Where it does not meet buildinq 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 remo'.<:al of vegetation within the wetland or the
reRlo'..al destruction of vegetation within 6Q feet: of the WetlandT
Zoninq 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 ROR orEjaRio waste materials including, but not limited
to, demolition debris~ and yard waste.
G. Installation or maintenance of essential services.
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. Subdivision 2. In consideration of an application for the issuance of
a wetland alteration permit, the City ~~ 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:
h. Tho potontial dan~or to life and proporty duo to inoroaeod flood
hoi~hte or volooitios oausod sy onoroaohmoRte.
~. The relationship of the proposed use to the Comprehensive Plan and
the impact of the proposed use on the wetlands in the surrounding
area.
G!!. The impact of the proposed wetland alteration on the phosphorus
etrippin~ oapaoity surface water storaqe, fish and wildlife
habitat, and water quality enhancement values of the wetland.
Subdivision 3. Permits Standards. No permit shall be issued unless the
Counoil City finds and determines that the proposed development complies with
the following standards+, or unless a variance is qranted by the Council as
set forth in Chapter 48.14 of this Code.
A. Filling Alteration. A minimum amount of filling 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 Counoil City, upon the ecological and
hydrological characteristics of the wetland; however, in no case
shall the restrictions set out below on total amount of filliR~ be
exceeded. Since the extent of alteration total amount of filling
which can be permitted is limited, the Counoil City when
considering a permit application, shall consider equal
apportionment of ~ alteration opportunity.:.. to uotland Boaing
dietriot proporty. The alteration opportunity within the wetland
shall be allocated amonq property owners in proportion to the area
of wetland located within each property.
1. hny fillin~ sRall not oauso tRo total natural flood storage
oapaoity of tho uotland to fall 0010\# tho projootod volumo
that tho \1otland uould Rold follo\lia~ a sin inoh rainfall in
24 hours ovor the \lROle dovolopod Hotland draina~e distriot.
1.:.. Any alteration shall not cause a reduction in the flood
storaqe capacity of the wetland. Flood storaqe capacity shall
be determined by analysis of the runoff from the entire
developed wetland drainaqe district resultinq from both the
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. two-year and lOO-year frequency, 24-hour BCB Type 1
distribution storms.
2. Total filliag Dhall Bot oal::l.se tao total aatl::l.ral paosphorl::l.s
stripIliaEj oapaoity, as estaelisaed in tho Ramsey Soil aad
Water Conservation Distrio:t report or as ameaaea per
provisioas of tais Caaptor, of tae Hetlaaa to fall eelo\1 tAe
paospaorus produotioa of tae Hetland draiaa'3e aistrio:t for its
projeoted development. An alteration shall not reduce the
existinq water QUality enhancement value of a wetland under
conditions of ultimate development, durinq both the 2-year and
lOO-year freQUency, 24-hour BCB Type 1 distribution storms.
Water quality enhancement value of a wetland shall be
determined usinq methods approved by the City.
b Any alteration shall not reduce the existinq wildlife habitat
value of a wetland as measured usinq methods approved by the
City.
~i. Only fill substantially free of chemical pollutants and
organio wastes, as determined by the City. CO\:laoil, may be
used.
45. FilliaEj Alterations shall be carried out so as to minimize the
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impact on vegetation.
S. DreaEjia'3 may ee allouod only uhea it uill aet aBNe a s\:lestaatially
er si'3aifisaatly aaverse effest \:lpea tao osele'3isal aad
hyarelo'3ioal oa.:lrasteristios ef tao Hotlaaa as aetermiaea ey tAe
CO\:laoil. Drodgiag, \illon alle\lod, chall bo limitod as follo~/s I
l. It shall eo locatea so as te miaimiso the impact en
....ogetatioa.
~~. ~ Alterations shall not adversely sigaifioantly change the
water flow characteristics within the wetland as determined
by the City. CO\:laoil.
~Z. The size of the aroaged altered area shall be limited to the
minimum required for the proposed action.
4- Disposal of tho droaEjoa material \litaia tao uetland Boning
distrio:t shall ao:t result in a siEjaificaat oAaaEje ia tae
O\:lrreat flo'.1 or poaaia'3, or ia s\:lestaatial dostruotioa of
'.'e'3etatioa, fisa spa\1aia'3 area, or ~1ator poll\:ltioa as
aotermined by the CO\:lasil.
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. -&~. Work in the wetland will not be performed during the breeding
season of waterfowl or fish spawning season.
c. Dieeaargoe.
-1-2,. 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."
2.-10. Organio \i~aste 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.
J,ll. Construction &.@.rosion control measures and retention
facilities shall be put in pl~oo prior to oommenoement of oaoa
de'..elopment ooastruotiea site 00 ~s desiqned to limit soil
loss from the development site to not more than five (5) tons
per acre per year. Plans and supportinq documentation for
such measures and facilities shall be developed and approved
bv the City prior to commencement of construction.
. 4- Seaimeat yiela from aonotruation sites aaj~oeat or tributary
to \i'etlaaas saall not be more th~n tuo (2) tons per ~ore per
year.
-&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.
.&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.
.
D. StorHl\iater Runoff. A minimum inare~se in '.rolume of etormuater
runoff to a \letlaaa from a ae~elopmeat over tae aatural volume of
runoff may be allouea \lAea neeessary for use of property but ealy
'.lAeR it uill aot A~'..e ~ eubst~nti~lly or sigaifioantly, as
aetormiaoa by tao Counoil, aaverse affoot upon the ooologioal ana
ayarelegioal oaaraoteriBtias of tho \i'otlandl hOtiever, ia ao oaso
shall tho rostriotioas oa ruaoff sot out baloH be eltoeeaea. SiRoe
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. tae tetal iaereases ia rl:iaeff \laioa oaa Jae permit>t>ea is limitea,
tae CS1llaoil Haea ooasiaeriaq permit applioationG Gaall ooasiaer the
eEFi3.l 3.flflortioJUlleat of rl:iaoff inoroase opportl:inity to \letl3.nd
proporty uitaia tho sarno ue:tlaaa Boning distriot.
~14. stormwater runoff from a development may be directed to the
wetland when in conformance with the surface watermanaaement
plan and only when substantially, 3.S aotermiaea Jay tho
COl:iRoil, free of silt sediment, debris, and chemical
pollutants, and only at rates which will not substantiallY-r
as aetermiaod Jay tao COl:iaoil, disturb vegetation or increase
turbidity as determined by the City.
!615. The proposed action shall not cause stormwater runoff from the
uetlaaa development to take place at a rate which would exceed
the aatl:iral rate or volume of runoff as anticipated by the
City'S Surface Water Manaaement Plan.
~16. The quality of water infiltrated to the water table or aquifer
shall remain substantially, as determined by the City COl:iaoil,
unchanged by the aevelopmont alteration of the site.
4- Tho allotiod tot3.l inorease ia rl:iaoff, ia oombinatioa tdta
total fill allO\i9a, saall not 03.l:iDO tho total aatl:iral flood
. storaqe oaflaoity of tho uetl3.nd to fall Jaolou tho projootod
voll:ime of rl:iaoff from tho tlholo do"."olopea ue:tlana uatersaoa
gonor3.toa Jay a e inoh rainf3.ll in 24 ROl:irs.
S. Tho allouea total iaoroase ia rl:iaoff, in oombinatioa uith tho
tetal fill allouea, saall aet O3.l:ise total n3.tl:ir3.l phospherl:is
strippiaq o3.paoity of the \lot.laaa to fall Jaoleti tho projooted
paesphorl:is strippiaq o3.paoity of the uotlaad to fall Jaolou tho
projootod phosphorl:is prodl:iotion from tho uhalo aovelepoa
uotland uatorshod.
E. 8uildiag Coastraiats.
17. All buildinas, other than accessory buildinas, as defined in
Chapter 40 of this Code, shall be setback at least 100 feet
from the wetland.
18. ~l accessory buildinas as defined in Chapter 40 of this Code
shall be setback not less than the reauirements set forth in
Chapter 40.05 subdivision C.
~19. The lowest floor elevation of buildings permitted in a wetland
zonina district shall be at least two (2 ) feet above the
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. elevation of the adjaoon:t \1Q'tlaaa sO\;laaary 100-vear frecruencv
flood level.
2.20. No aovolopmon't 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.
i! 21. VOEjo'ta'tioa. Removal of vegetation within a wetland zoning
district shall be permitted only when e\;lOR uor]t has soon
approvod by 'tho Ci'ty ia aoooraaaoo \li'th 'tho e'taaaaras sf 'thie
Chap"Eor, aaa only ~lhon 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
osm~liaaoo \lit.h 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.,.:
~ Provide for the enhancement of wetland storm water storaqe,
fish and wildlife habitat, and water quality enhancement
. functions of wetland zoninq districts;
~ provide for enhancement of recreation and education
opportunities in wetland zoninq districts;
!2.:.. limit the size, kind, or character of the proposed work.,.L
sb.. require the construction of stormwater detention facilities
or other structures.,.L
~ require replacement of vegetation.,.L
~ establish required monitoring or maintenance procedures
including the payment of costs for such procedures.,.L
fL... stage the work over time and increments of land to be
developed.,.L
!h.. require the alteration of the site design to insure
buffering.,.L
i. require the provisions of~ performance bondL
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. h 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 BY eupress oonditioR oORtainod iR tao permit.
2. The permit application shall be Eiireoted submitted to the
City. The City shall process the permit application accordina
to the provisions of 48.06 subdivision 6 of this Code. The
Council \lho may refer----.i::& the permit 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 COYRoil 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, 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 coextensively
with any other application for sYBEiivision or oonditional YSO
pormit approvals that may be required under other provisions
of the Municipal Code.
B. The following drawings and exhibits saall BO iaolYQod may be
reauired with a permit application:
1. The name and address of the subdivider, developer, and owner
or any other party of interest.
2. A legal description of the proposed site with 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.
. 2362161/WZ02.WP/ABM 13
\
. 5. A topographic map of the development area with 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.
8. Information on existing drainage and vegetation of all lands
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.
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.
II. Enaineer ina data related to computations of existina and
proposed hydroloay, water auality, hydraulics, and soil loss.
12. Such additional information as necessary to evaluate the
permit application.
C. IR t.ho saso of a minor Qo'.rolopmont. or ohanljo aRe/or Qovolopmont.
invol~ing a singlo family dot.aohoe or siRljlo nt.t.nohod rosieoRoo,
t.ho a~plioaRt. may bo oltomptod from st.riot. oOHlllliaRoo t.o oort.ain
ro~iromoRt.s of t.his oreinaRoo, YpOR appro7al by t.ho Cit.y.
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--a
eiffereRt. dat.e frOHl t.he o9HlHlenoemoa:t of \lor]t is 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 City COYRoil. The permittee shall notify the City at least
. 2362161/WZ02.WP/ABM 14
.
J
. 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
~ The Issuinq Authority for Wetland Alteration Permits shall be as
set forth here after:
h Administrative Issuinq Authority: The City Enqineer/Director
of Public Works, or his desiqnee (Buildinq Inspector or City
Planner) have the authority to issue wetland alteration
permits which meet the standards in this chapter if:
~ The permit requests repair or maintenance of any lawful
use of land existinq on the date of adoption of this
Chapter.
b. Alterations within the wetland buffer zone do not extend
into or impact the adiacent wetland.
~ The permit requests public and/or private utility work
on existinq facilities.
and for the followinq work within the wetland buffer zone, but
. outside of the wetland not havinq adverse impacts upon the
wetlands.
~ Installation and maintenance of fences.
b. Landscapinq not includinq impervious surfaces
~ Detached qaraqes and accessory buildinqs.
sh Gra din q which does not adversely alter storm water
storaqe capacity, storm water flow direction or runoff
intensity.
~ Temporary structures not requirinq 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
havinq been reviewed and denied by City staff.
. 2362161/WZ02.WP/ABM 15
. .,
,.
. 48.07. EXCEPTIONS: PERMIT.
A. Emergencies. Upon the declaration of an emergency by the
CO\:lasil aREl tho iSG\iaRoe of a permit BY tae CO\:lnoil City,
emergency work necessary to preserve life or property shall
be permitted in a wetland zoning district.
s. Repairs. Upon applisatioR and approval BY tao Counoil city,
a perSOR may repair or maiRtaiR ,my lauful \:lee of land
ouieting on the date of aEloption of this Chaptor.
G!!. Notwithstanding any other provision of this Code to the
contrary, the City and aR mlRerjapplisaRt of laaEls aBlittialj
lands mmed by tho City, may BY uritten oontrast pormit tae
de'Jelopment of uetl3.Rde ae part of an iRteljrateEl plan,
invol...iRlj a total of 40 aoree or more, uhoroin the Cit::y \lO\:llEl
partioipate in the de~elopmeRt, aRd may develop a municipally
owned recreation or park facility on City owned lands which
will involve the development within a wetlands zoninq district
as part of an inteqrated plan, comprisinq not less than 75
acres, where ~ such development would reasonably conserveL
&ad preserve and ~ enhance the environment by providing
facilities that would protect the public health, safety and
welfare.
. C. Maintenance of existinq landscapinq, includinq but not limited
to, lawn care: trimminq of bushes or trees: tillinq, plantinq,
and/or weedinq of qardens: paintinq or repair of fences: or
similar activities shall be permitted within a wetland zoninq
district. This exception is for maintenance of an existinq
situation and shall not be construed as to allow establishment
of a new use or expansion of an existinq use in a wetland.
This also shall not be construed as to allow destruction of
hvdrophvtic veqetation.
48.08. DEVELOPMENT DENSITY AND PARK LAND DEDICATION CREDIT TRANSFERS.
Subdivision 1. When land to be developed includes wetlands, the
developer thereof may receive a credit for the undevelopable portion of said
wetland, either:
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
. 2362161/WZ02.WP/ABM 16
. ......
,
. 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
ffiYst a~roo in a rOGoraaelo aOGymont that tho \iotlands in~ol~od shall not so
conveyea Doparatoly sy plat, ~rant, or forfoityro, ouoopt that any wetlands
designated by this Chapter, for which a credit has been for Ii or C abo"."o
qiven, may so Gonvoyod to ana may so aoooptod sy the City sy roeolation free
and clear of CRy all encumbrances~ on titlo or tan~s.
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.
48.1l. PENALTY. Any person who violates the provisions 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.
. 2362l61!WZ02.WP!ABM 17
-' -'"'
. 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.
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- Euoopt as etaor\liso previdod ia this orEiiaaaoo, tao An
application for variance or appeal to the Council shall be processed
according to tho proooduro spooifioEi for tao prooosEling of '.'ariaaoo aaEi
appoals in Chapter 40 of the Municipal Code.
Subdivision 2. No variance 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
tho protootion of surface and groundwater resources supplios.
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 tao marsaoB 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.
., 2362161/WZ02.WP/ABM 18
. ...~..,
,. 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 Zoninq District Map. . Pursuant to Chapter
48.02, the wetland zoning districts delineated in the referenced wetland
zoning district map are hereby established.
Subdivision 2. Wetland Zonina Districts by Leqal Description. Pursuant
to Chapter 48.02, the following described properties are hereby designated
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.
SECTION II. This ordinance shall take effect thirty days from the
.' date of its publication.
.'
, Read by the Council of the City of Mounds View on this 17 day of
December, 1990.
Read and passed by the City Council of the City of Mounds view
this 28 day of January, 1991.
ATTEST:
(SEAL) ~
Acting Clerk in1strator
APPROVED AS TO FORM:
') /7 .,1 //;:;;7 r ~~
. / ". ' ".' .. /.,
Vi, ,/' , ... / .' ,(:. / "/ /' '
'f/fltf/v:r 4 /1 /t;t;/cY;?'
City Attorney ,..'
,. 2362161/WZ02.WP/ABM 19
)
,....
. ,
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 <I \A1l=1eAe\~er::l ''''2'tl3.R9 ZQpjqg ~i!Jt..;9t
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.
~..-'''''1'''t''~ ....... :,.............,.....,-...,~. ,...~'!..."'.U."....<> .....",'t}
j. or require the conveyance to the City of certil,in
". . ....~.. lands or interest therein. . .
The dimensional requirements of the underlying zon,
G. Installation or maintenance of essential servIces. ing ordinance may be modified in furtherance of the
Subdivision 2. in consideration of an application for purposes of this Chapter sy exprass geA9itiaR aBAtaiR
the issuance of a wetland alteration permit. the City the City prior to commencement of construction. ~g iR tlom p-q~~it
~ may require that the applicant furnish and supp. ~ ia"'iAur:at), iali frem 9SlA8try~i8A 9itug s:&ije,gAt I 2, The permit application shall be ~ submlt-
Iy such information as required in 48.06 (48), In acting ~r,mfiu1&18 1a B11&lFU'O I~all Rat 1:1& mere U~aR ~ 8 (e) ted to the City. The Cify shall process the permit ap-
upon a wetland alteration permit applic;ation. the City taRS ,ar Rife ,sr ; 8ar. plication according to the provisions of 48.06 Sub-
shall consider all relevant factors specified in other sec. 0642. The applicantforthe wetland alteration permit divi.sion 6 of this Code. The Council ... may refer
. this Chapter. including: shall be required to demonstrate that after the develop- +the permit application to the Planning Commission
'" ~.I"Rlial ~aR~.r to lif. aR~ ~,.~o"Y a"" to.- ment is completed. the conditions on the site will be or the City staff for review and report or may direct that
, DBB f1Beel REliSRts Elr 'BIQgiti8'~ SGY8aEl J3~' stabilized such that the yearly soil loss from the site the permit application be processed according to the
gAU.g~f&..~aAtf? will not be greater than 0.5 tons per acre per year. procedures specified for the processing of conditional
~. The relationship of the proposed use to the Com. .13. Sediment and soil loss shall be determined use permits set forth in Chapter 40 of the Municipal
prehensive Plan and the impact of the proposed use utilizing the "Universal Soil Loss Equation" as defin, Code. Upon approval of the application for the permit,
on the" wetlands in the surrounding area. ed by, the U,S. Department of Agriculture Soil Conser- the City ~may establish such terms and condi,
~B, The impact of the proposed wetland aiteration vation Service Technical Field Guide as amended from tions, in addition to those specifically cited in this
on the pR9GFRSrUQ c;''';PJ?iA8 Giilpiasitr surface water time to time as provided for Ramsey Soil and Water Chapter or Chapter 4Q,as it deems necessary to pro-
storage, fish and wildlife habitat, and water Quality Conservation District. tect the public health, safety, and welfare. including the
enhancemenl values of the wetland, p ~t&rm'.'st9r RWR9Jf' A ",iRiR=l'n~ iRGn~aGU iA posting of sufficient surety to guarantee conformance
Subdivision 3. Permits Standards. No permil shall ugl!.lA:llg 9f Gtarmu'ater FWRe" to a ...t?t'QA~ from 8 to the purposes of the permit and all laws regulating
be issued unless the ~ City finds and determines s;!o"slapm9At 9"l?rt~8 RstwFal"slwm9 sf FYA8" m8) 89 the activity The development controls provided in
that the proposed development complies with the ~1!17.'g9 "'!;Hr- -~~'O''U''U'~-/ far idsa "f prSlPQar tn.tt g.Rly Chapter 59,07 of the MuniCipal Code may also be
following standardS+, or unless a variance Is granted '''~9R it u'iII FIst RS"S Ii BbllastaF1tiallr,9r 8i!Rifi8aAtl~, a8 required
by the Council as set forth in Chapter 48.14 of this fitm:1?r'j:RjR'Jd Dr tRtl C'9'IRtJ'il. aogl..~t:4:fq a.ff1?~ WpSlR t~9 3, A wetlana alteration permit may be processed
Code. ssel8sieal aFl~ Rj,heI9Bios! 8~Qra8t9ri8ti88 sf tAB coextensively with any other application for ~
A. ~ Alteration. A minimum BA:lRLJAt sf fil!iR~ '.'gtI9J1l9: ~a"'e"9r. iR R~ GaBe G~all t~e rostrls-ligAG "A er 99Rsiti9Ral 'rnf f1sFmit approvalEP that may be re~
alteration of a wetland may be allowed when r~R9~ 80t Bwt eelS'.' 99 el1gS8e1&~ EiR98 t~e tetal iR quired under other provisions of the Municipal Code.
necessary for the use of property but only when it will es",~agg iA r'l~:J'~"'Rigt:l GaR 99 per:m.ittgg i~ limJt99, thu 8. The following drawings and exhibits ~
not have a substantially or significantly adverse effect CS!:!ROil"'R2R gGAliiseriR8 pormit applisatisR8 gRail seA eI..ess may be required with a permit application:
as determined by the ~ City, upon the ecological aigsr tR9 eqyol apf.H1R:isR"U1At 9f rldAg'f iAl/TU~U1J 1?f1 1. The name and address of the subdivider.
and hydrological characteristicss of the wetland; ~gaIJR!ty tQ ,ugtl:ulIs pnlp9r:tr ,..ltt:tiR tt.:t1? 1J'~mu '''utl~r.<1'G' developer, and owner or any other party of interest.
however, in no case shall the restrictions set out below :J9RiRg digtrigt 2, A legal description of the proposed site with a map
SA tetal 9.AUIl:lAt Gf f!"iR~ be exceeded. Since the ex- 14 4. Stormwater runoff from a development may be showing its location with indications of private access
tent of alteration tstlll 2FRa~~f af fi!!iAg which can be directed to the wetland when In confonnance with the roads, existing or proposed public roadways within and
permitted is limited. the ~Clty when consider, surface water management plan and only when surrounding the development site,
ing a permit application. shali consider equal appor. substantially, as gst9rmiR9~ Ii) tRS ('gYAsil, free of" 3. A full and adequate description of all phases of
tionment of~alteratlon opportunity. to SUe-AEI ~BA sediment, debris. and chemical pollutants. and only the operation and/or proposed physical changes.
iAB g'vtriet prSfi8R}. The alteration opportunity within at rates which will not substantially. 'n dt?tt'rlX1iR9d gy 4, A soil survey map of the proposed development
the wetland shall be allocated among property t~" Ca"Reil. disturb vegetation or increase turbidity as site.
owners In proportion to Ihe area of wetland located determined by the City. 5. A topographic map of the development area with
within each property. -315. The proposed action shall not cause stormwater contour information at two (2) foot intervals or spot
1 AR~ filliRSJ BRall Rat sausa t~19 t'2t:::1 r;;'Iat'lr:;d flQ99 runoff from the ~ development to take place at elevations at two hu ndred (200) fool intervals and at
etsragij 91il~a9it~ ef tR9 "'stieRS ta fall egis t~" J>I'" a rate which would exceed the ~ rate or volume a horizontal scale of one (1) inch to one'Hundred (100)
jsstBeI eh:lFRS tReN. tAg ,. gtlQfou~ ""10 ~e19 felle "i"~ . of runoff as anticipated by the City's Surface Water feet or larger.
DiM iAGR raiRfall iR 21 ~at:lrG s"gr tAg '''!;talo ~'J",:?I{>:?1?-j Management Plan. 6. A detailed site plan of the proposal showing pro'
~'atlaAa ~nJiRa!lg ~int~iut ~16. The quality of water infiltrated to the water table posed drainage, grading. and landscaping,
.,1. Any alteration shall not cause a reduction in or aquifer shali remain substantially. as determined by 7. A site design map showing the location of existing
the flood storage capacity of the wetland. Flood the City"""""". unchanged by the ~. "1"~"'"Rt and future man~made features within the site and to
storage capacity shall be determ Ined by analysis of alteration of the site, a distance of five hundred (500) feet surrounding the
the runoff from the entire developed wetland 4 -T1oI8 aIl9'''s'' t'01t91 iRQre2S9 iA rWAQff. iR G9mb'A~ site or to the wetland drainage district boundary.
drainage district resulting from both the two-year ti9R '''il~ total fill all"''',,a. sRall Rat saws" t~. 1"191 whichever IS shorter.
and 100-year frequency, 24-hour SCS Type 1 Rel"ral f100~ sto'a~s sa~aGity sf t~s ..."t1e.~ to feli 8, Information on existing drainage and vegetation
distribution storms. h...I"",., tl::l9 pmj9'ctQd '(011.1"'9 gf rur;,gU from t!;t1;l .uRQI9 of ali lands within the site and to a distance of five hun,
2. T-elal IiIliA~ s~ali Rot oa"so I~" tslel A9I",.1 dw~IQPQ" ",t?tl~"'g ,uat9ri:R9S 89~{1rat9s 9Y a i iA9R dred (500) feet surrounding the site or to the wetland
lF~~~ raiAfall iA 21 ROyrS drainage district boundary, whichever is shorter.
5 TAt' ~.Ilg'''eg t9tal iAGr99&9 iA rWAQf:t, iR s9R:1biA9 9. The time period for commencement and comple.
tieR '''itR t"'8 tetal fill 8118..88, 8~all Ret saMB8 tetal tion of the development. including lime for staging of
...R<l ;8.i""!l9;~i.triQtt tho p~:Qte~ ~. '~""''''""t RiiN'rral !3ROSP~9r-YC ttrjp~jRg "3fi1asity of the '''gtleR8 development, if applicable.
Ie fall 10.1.... t~" proi.Qt"~ ~RO.~RSr"S SI'i~~iRS o"~aoi 10, Design specification and plan for all sediment and
An alteration shall not reduce the existing ",ater' tv nf +h.... u'9tI:aAQ tQ fall t;lQlg"u tt>:tg pr;c.j9GtG'~ ~!;taG~t:lgrW6 erosion control measures as well as all grading and
Quality enhancement value of a wetland under con, ptgQ\:drti9R fm..... U:)9 "'Rolo ga"gI9~9e1 .. BtleAs drainage appurtenances and practices.
dltlons of ultimate dev.lopment, <!uring both the ~ t 1. Engineering data related to computations of
2-year and 1 OO-year frequency, 24-hour SCS Type Iii !ilYilsiA@ C'e-gtm!Atu existing and proposed hydrology, water Quality,
1 distribution storms., Water quallly enhancement 17. All buildings, other thiln accessory buildings, hydraulics, and soli loss.
value of a wetland shall be datermlned using as defined in Chapter 40 of this Code, shall be sel- 12. Such additional Information as necessary to
methods approved by the City. back at least 100 feet from the wetland. evaluate the permit application.
3. Any alteration shall not reduce the exisllng 18, All accessory buildings as defined in Chapter C ~R tR9 QQse sf a FRiRElr a9 91epFRBAt sr 91x18RgB
wlldllfo habitat valua 01 a wetland as measured us' 40 of this Code shall be setback not less than the BRIlFer ee"810~FR8Rt iR"el"iAg a BiRgle fa"'il~ ~et8gR
Ing methods approved by the City. I requirements set forth In Chapter 40.04 subdivision 99 Qr SiR€JI~ attat?R99 r9sisl9R8S. tR8 appliB8Rt A01e~. be
-34. Only fill substantially free of chemical pollutants C. eJHHJOIf3'ttl~ fram Rtriat 8BFR!,liIiR9B ta geRliliR _ re
and eo<geAi&wastes, as determined by the City ""-- 4-19. The lowest floor elevation of buildings permit. ~w~rem~R~s.9f tRiSi 9feliABRG9. ~PgA apprs 8.1 &, tRB (,it~
.. may be used. . ted in a wetland zoning district shall be at least two ubd,vlslon 5. Time of Permit - Extensions and
4.5, ~ Alterations shall be carried out so as to (2) feet above the eievation of the aGjaooRt otlaR~ Renewals,
minimize the impact .on vegetation. ~ 100-year frequency flood level. A permittee shall begin the work authorized by the
Ii gFSSiJiAg PA~ B9 911& 'gd gAl}.' "'h9R it "'ill RBt ~a"9 ~20. No fie .1.~"'"Rt alteration shall be allowed permit within ninety (gO) days from the date of issuance
lil SYest3Rtia!!;,. sr si8RifisaFltl~ as 'srss 9"09t WpSR t~e which will endanger the health. safety. or welfare of per, of th.e permit unless otherwise 9. gittGmAt ~rtg frgm
~~919gig411 3.~g 1>:l~'greI9~ig~J s!;tena-ot\?ristiuc r(. tRt? sons, or which may result in unusual road maintenance tRU lJUmJJ\BRSSFR9At 9f 8rl1 is set forth in the permit.
u'ethlRQ 9" Q9termjR9~ tor tAB C'sblRsil gr:fjg!iR8. '''ReA costs or utility line breakages due to soH limitations, in~ The permittee shall complete the work authorized by
RUO 9~, BRall B9 limit9~ as 1911s SI cluding high frost action. the permit within the time limit specified on the permit.
1 It BRall Be Igaatg9 39 aG t9 MiRiFRiJ9 tR9 iFRp2r' ,jO, 21. ~ Removal of vegetation within a which shall in no event exceed more than twelve (12)
9A Sagtat:sA wetland zoning district shall be permitted only when months from the date of issuance unless such time limit
./l6. ll-Alteratlons shall not adversely Si~RifioeAtly CYS!;t UI~?rk R2~ t,;.9i;'r;;'I 8.f1f!m"gQ 9)' tR~ C'i~' iFt aggorQ:'}AQQ is extended by the City ~, The permittee shall
change the water flow characteristics within the '''itlol t~l2 GtaA9m;gS of t!;tic C!;:taptar. 2RQ 9Rly u'!;taA notify the City at least forty-eight (48) hours prior to the
wetland as determined by the City ~. reasonably required for the placement of structures and commencement of work, Sho~ld the work not be cOm,
37. The size of the ~ altered area shall be use of property. menced as specified herein, the permit shall become
limited to the minimum required for the proposed Subdivision 4, Conditions void.
action. A 1 A wetland alteration permit may be approved I Subdivision 6. Issuing Authority
1 n:~pggal gf tRo grG~!Jg!l FRBtarial"'itRiR tRB ,. atlaAs subject to SBR'lf5li8.A8 8 i1R conditions reasonable and A. The Issuing Aulhorlty for Wetland Alteration
lQAin3 ~:^tri~t t!:l~'1 RRt reG""lt iR fa .:igRificaRt QIolflRS9 necessary to ensure compliance with the requirements Permita ahall be as set forth here after:
iA t~u m:u'rnr>1t fI8'" Qr J.le:<1~:Ag. sr iR sklbataRtial as~rbls contained in 48.06,'Subdivisions 1. 2. and 3, Such con. 1. Administrative Issuing Authority: The City
tiSlR of egutetisA, fjs~ cper"RiRg area, lin "'ater ~oll\l ditions may, among other matterS":'!' Engineer/Director of Public Works, or his designee
tieR as 1i18tBrRtiRBEt B} tAB ~9WR9il. a. Provide for the enhancement of wetland storm (Building Inspector or City Planner) have the
.ea. Work in the wetland will not be performed dur, water storage. fish and wildlife habitat, and water authority to Issue wetland alteration permits which
ing the breeding season of waterfowl or fish spawning Quality enhancement funclions of wetland zoning meet the standards In this chapter If:
season. I districtsj a. The pennlt requests repelr or maintenance of
~ Qi9ulxlflfgno I b. provide for enhancement of recreation and any lawful use of land existing on the date of adop-
~. No part of any sewage disposal system I eQuir. education opportunities in wetland zoning districts; tlon of this Chapter.
ing on-land or in,ground disposal of waste shall be I c. limit the size. kind. or character of the proposed b. Alterations within the wetland buffer zone do
located closer than 100 feet from the wetland, All on, work:\ not extend Into or Impact the adjacent wetland.
land or in,ground sewage disposal systems shall meet d. require the construction of stormwater detention c, The pennlt requesta public and/or private utility
criteria set out in Minnesota Rule 6. MCAR 4.8040. "In, facilities or other structures,; work on existing facilities.
dividual Sewage Treatment System Standard." e. require replacement of vegetationn and for tha following work within the wetland buf-
.' ~Waste which would normally be f, establish required monitoring or maintenance pro- fer zone, but outside of the wetland not having
;.9<1 of at a solid or hazardous waste disposal site cedures including the payment of costs for such adverse Impects upon the wetlands,
ch ',.;ould normally be discharged into a sewage procedures,; a. Installation and maintenance of fences.
.,...:lal system or sewer shall not be directly or in, g. stage the work over.time and increments of la~,~ b. Landscaping not Including Impervious
. directly discharged to a wetland. to be developed,! , surfeces.
~11. Construction lierosion control measures and h. require the alteration of the site design to insure c, Detached garages and accessory buildings,
retention facilities shall be flut iA plil~9 prigr t9 G9JR buffering,;' I ,c d. Grading which does not adversely alter storm
m9At'gmnAt of 9QQR g9""lgp~1?Rt ~9Rttrld~igR ni,,:,, "''''' water storage capeclfy, atorm water flow direction
""" designed to limit soil loss from the development site or runoff Intensify.
to not more than live (5) tons per acre per year. Plans e. Temporary structures not requiring pei\llsnont
and supporting documentation for auch measures foundations or peds for support.
and facilities shall be developed and approved by II, The City Council may isaue pennlts which m~
the standards In this Chapter and are beyond the
acope of the admlnlatratlve approval above; which
have been reviewed by Clfy staff and referred to_
J
"
'" ,....
Council; or which are a~~!ed to Council after hav- 48. f3. SPECIAL ASSESSMENT. The property w~hin
Ing bOOn reviewed and denIed by CIty etaff,
48.07. EXCEPTIONS; PERMIT. a designated wetland which is restricted hereby or for
A. Emergencies, Upon the declaration of an whIch a development or other restrictive easement is
emergency by the SoMms:l BREI the IB9tH.RiS sf a .,8r conveyed to the municipal~y shall not be subject to
.-~ hlt~ k~ t~8 ~81:1~8i1 City, emergency work necessary to future special assessments for the cost of public im,
preserve life or property shall be permitted in a wetland provements for which such assessments are authoriz,
zoning district. . ed pursuant to Chapter 26 of the Municipal Code.
Br..Rc:Jairs llfi!9R e.ppliefMit?F1 aRs .firs al b~ nUt 48.14, VARIANCE AND APPEALS.
~::! ~it), Q liSRlSR mar r8~air, Sf FRaiRteiR, en)' Iw~~~1 Subdivision 1. ~.~s;J' !as 8tt.lS~ 188 JUG JieJaeJ iR this
C!~ st !liAS 9KiGtiR~ 9At~9 ~&t9 sf aS9ptl8R 9f Uiue ~~!h<t:RB:, t~e An application for variance or appeal
~otwithstanding any other provisions of this to the Council shall be processed according to~
99g~r9 speeifie9 fQr tl:ts ~rs8as8iRg 8f ariaAse BA~ 81J
Code to the contrary, the City tl~g 9- l"'P9r'al?J?I:_-~' ~Chapter 40 of the Municipal Code.
~ 's.Rsa HY"iRE leAda S"'RBS ByU~8 City, FRey 1:l;"'r5t Subdivision 2, No variance may be granted which
teA 99Atre1Jt ~8",,~ tl:te gg., 819~m8Rt sf '~QR~U as paA. would allow any use that is prohibited in the zoning
sf BR iAt29ratg~ plaA, iR"e~'iFlB e. t9tQl at 19 &9r98 sr district in which the property is. located or which will:
. mers, ,uRBF&iR tR9 CWJ "'{mla ~as:t~~lpet~ iR tR9 dou~'op- A. Result in incompatible land uses or which would
~ may develop a municipally owned recraa- be detrimental to ~ surface and ground,
tlon or parl< facility on City owned lands which will water resources ~
Involve the development within s wetlands zoning B. Increase the financial burdens imposed on the
dlGlrlct as part of an Integrated plan, comprising not community through increasing floods and overflow of
leas than 75 acrea, whare 4heo such development water onto land areas within this City or onto land areas
would reasonably conservej~ preserve and ~ adjacent to Rice Creek.
enhance the environment by providing facil~ies that C. Be not in keeping with land use plans and plann.
would protect the public health. safety and welfare. ing objectives for the C~y or which will increase or
C. Mslntenance of existing Iand9caplng, Including cause danger to life or property.
but not limited to, lawn care; trimming of buahea . D, Be inconsistent with the objectives of encourag-
or trees; tilling, planting, and/or weeding of 109 land uses compatible with the preservation of the
gardens; painting or repair of fences; or almllar ac- natural land forms, vegetation and t~8 Rlaret-1es RRB
tlvltles shall be permitted within a wetland zoning wetlands w~hin the C~y,
dlatrlct. This exception Is for maintenance of an ex' E. Include development of land and water areas
Istlng altuatlon and shall not be construed as .to essential to continue the temporary w~hholding of rapid
allow establishment of a new use or expansion of runoff of surface water which contributes to
an existing uaeln a wetland. This alao shall not b<a downstream flooding. or water pollution. or develop-
conatrued as to allow deatructlon ,of hydrophytlc ment of land and water araas which provide ground,
vegetation. water recharge. or development which diminishes the
48.08. DEVELOPMENT DENSITY AND PARI{ land or water which are necessary to carry increased
LAND DEDICATION CREDIT TRANSFERS. flows of stormwater following periods of heavy
Subdivision 1. When land to be developed includes precipitation,
wetlands. the developer thereof may receive a credit Subdivision 3. No permit or variance shall be issued
for the undevelopable portion of said wetland. eIther: unless the applicant. in support of his application. shall
A. toward the dedication of land requirement~ under submil engineering data. surveys, s~e plans and other
Municipal Code, Chapter 42.13. Parks and Playground information as the City may require in order to deter-
Dedication, not exceeding the amount of the mine the effects of such development on the affected
developable lands in the development proposal; or land and water areas,
B, the development may be intensified so as not to 48.15, WETLAND ZONING DISTRICTS.
exceed twice the allowable land use dens~ies prescrib- Subdivision 1, Wetland Zoning District Map. Pur,
ed under Chapters 40 and 42 of the Code provided, suant to Chapter 48.02. the wetl~nd zoning districts
however, that said intensified land use must be con, delineated in the referenced wetland zoning district
sistent w~h street dedication dimensions. parking re, map are hareby established.
quirements. and screening. fencing and landscaping Subdivision 2, Wetland Zoning Districts by Legal
. regulations of the City; or Description. Pursuant to Chapter 48.02, the following
C. the building square footage requirements of the described properties are hereby designated as
Municipal Code may be intensified but not to exceed wetlands: (see Appendix A).
five (5) percent; or Subdivision 3, Inclualve. The wetland zoning districts
D. any combination of A. B. and C above as agreed designated in Subdivisions 1 and 2 above are hereby
upon by developer and C~y. keeping in mind that the established as wetland zoning districts for the
public health. safety, and welfare of the community is municipality.
paramount. . SECTION II. This ordinance shall'take effect thirty
Subdivision 2. Upon receipt of any of the credits days from the date of ~s publication.
herein, the developer m~st esme iF! e r5leenlQE~i itsu', Read by the Council of the City of Mounds View on
me?:~~~~ t~s et~e~ ~l3 i:-: g~ g(i! shall ~ convey" this 17th day of December. 1990.
~811 8; FIlet, ~FS~Rt, 8:- fs:-fs:t1!llrs, snl'S"r~ t~9t a~y Read and passed by the City Council of the City of
wetlands designated by this Chapter. for whIch a cre It Mounds View this 28th day of January. 1991.
has been ~ ~!9 given, r:l, /3'-= ~5A e, tui ATTEST:
to ~ ~:/!:rrr g':'':'-::-F.-:'~ ~~. the City ~y ..':1'-:'.....".;........ free Jerry Linke
and clear of f!Po!? all encumbrances. eA t~t!':? Sf tElMOO Mayor
48,09. ACQUISITION OF INTERESTS IN LAND. The Rlc Mlnetor
municipal~y may acquire. pursuant to law. fee title or Acting Clerk-Administrator
easement rights, by dedication. gift, purchase. eminent AP?ROVED AS TO FORM:
domain. tax forfe~ure. leasehold estates. part or all of Mark Karney.
any wetlands or land adjacent. abutting. contiguous. City Attorney
or affecting wetlands. for the purpose of preserving (Bulletin: Feb. 13. 1991)
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 aCQuis~ions authoriz'
ed herein. The Council may abate those taxes and
assessments w~hin wetlands as authorized by law.
48,10. RESPONSIBILITY: Neither the issuance of
a perm~ 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 per,
mittea of the responsibility of complYing With any other
requirements established bylaw. regulation or
ordinance.
48,11. PENALTY. Any person who violates the pro-
visions of this Chapter shall be guilty of a misdemeanor.
Each day during which said violation exists i~ a
separate offense. Any violation of this Cha~tar 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 reo
mainder of this Chapter shall be deemed and held to
be valid and remain in force and effect as if such por'
tion had not been included herein. If(this Ch~pt!,r o!
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 wo.rk.
,. "A
II'. Affibauit of 'uhliration
~tt uf lWIinnunta}
nn.
<nountll of iLUtmn ell
N. Theodore Lillie , 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 B31A,02, 331A,07, and other applicable
laws, as amended,
(B) The printed Ordinance No. 488
f
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on Wednesday, the
l3th day of Feb. , 19 9~, and was thereafter printed and published on every
to and including , the day of , 19 _; and printed
--, 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:
. ABCDEI=OHIJKLMNOPQRSTU.\'WX:YZ ~./~
....S0ElCrEll "dl(LMIlOPQRSl'l:J''''^'~ Jt
. abcdefghijklmnopqrsluvwxyz ,"'~
BY:
z//?
TITLE:
Subscribed and sworn to before me on
Feb. , 19 91
..-
* Alphabet should be in the same size and kind of type as the notice,
(.;N.:k'{)':':'~}.fXN)i}'[N::~:,g.tJ.:Nj&H'N<J~";'~$'(Jt.9'-!~4OC":]'~
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~ r"O<tv1, hG',,~--, 1"".,"_"),, ':~RATE INFORMATION
I$, -,_., CO! "'--y ~)
<'i R:\~'l1Sc:.Y "~i.)i~l. ~S
~\ rv:y COri1mk;sion Expires May 7, 19B2 %
tr~G<XNX>>~~~~.oe,;Y:--o-!Jvy;.!,
(1) Lowest classified rate paid by
commercial users for comparable space, , , , , , , , , , , , , , , , , , , , . , . , , ,$12.00 per col. inch
(2) Maximum rate allowed by law for the above matter, , , , , ' , ' , . , , , . , . , ,$8.93 per col. inch
(3) Rate actually charged for the above matter ,,',"""""""" ,$' per col. inch
~
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