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Home My Public Portal About297CITY OF MEDINA ORDINANCE NO.297 AN ORDINANCE AMENDING SECTION 828.43 OF THE MEDINA CODE OF ORDINANCES REGARDING WETLANDS The City Council of the City of Medina Ordains as follows: SECTION I: The Code of Ordinances of the City of Medina is amended by deleting the stild‘k language and adding a new subsection 828.43 as shown by the following highlighted/underlined language: 828.43. Subd. 2. F.11. g. A minimum amount of filling may be allowed when necessary but in no case u aa. eiiuul apYV (a) Total filling shall not cause the total natural flood storage capacity of the VY IiLLUl1Ll LV 1C1.11 Vli1V VY LIlV f.)1^ (b) Total filling shall not cause the total natural nutrient stripping capacity of the development (c) Only fill free of chemical pollutants and organic wastes may be used. (d) Wetlands shall not be used for solid waste disposal. (a) It shall be located so as to maximize the activity in the areas of lowest, (b) It shall not significantly change the water flow characteristics. RHB118959 ME230-5 6-3-97 97-18 (c) The size of the dredged area shall be limited to the absolute minimum. (d) Disposal of the dredged material shall not result in a significant change in the (c) Work in the wetland will not be performed during the breeding season of (f) Only one boat channel or marina shall be allowed per large scale development. (g) In other residential developments, dredging shall be located so as to provide for (h) The width of the boat channel to be dredged shall be no more than the Subd. 4. Discharges. (a) No part of the sewage disposal system requiring on land or in ground disposal bee us„ o f existing physical characteristics fthe site er the s .stem VvvuuJL. vl �.n1J[u 1� Y11y Jla,u (b) Organic waste which would normally be disposed of at a solid waste disposal ect diurly o ,,d:rectl„ rg dischaed to the wetland uc.[ (c) Stormwater runoff from construction sites amy be directed tot he wetland only UIJLLIT disturob , n o geta�ioe t„rbidity Subd. 5. Building Constraints. (a) The lowest floor elevation of buildings, if used for living quarters or work area, shall he at least three f et above tl,e „al h ghwater level eftl.e wetla„d Jl1L[ll V� Cl[ 1�CLJL llll VL iLJL+C o (b) Development which will result in unusual road maintenance costs or utility line Wetlands Conservation. Subdivision 1. Purpose. The purpose of this subsection is to recognize., preserve, and protect the environmental, aesthetic, and hydrologic functions of the city's wetlands. These functions include, but are not limited to, sediment control, pollution control, filtration, aquifer recharge and providing habitat for fish and wildlife. The regulations and standards of this district shall be applied as an overlay zone further regulating the use of land as allowed by other use districts under this ordinance. RHB118959 6-3-97 ME230-5 26 97-18 Subd. 2. Definitions. The following terms shall have the meanings given to them: (a) "Act" means Minnesota Laws 1991, Chapter 354, as amended. (b) "Applicant" means a person who applies for a permit to undertake any activity regulated by this subsection. (c) "Rules" means Minnesota Rules, Chapter 8420, as amended. All other terms used in this subsection which are defined in the Act or the Rules have the meanings given there. Subd. 3. Scope. This ordinance regulates the draining and filling of wetlands and parts of wetlands within the city. Except as provided in the exemption and no -loss determination provisions of this subsection, wetlands within the city may not be drained or filled wholly or partially unless replaced by restoring or creating wetland areas of at least equal public value. Subd. 4. Local Government Unit. The city shall be the local government unit for the purposes of the Act and the Rules. Subd. 5. Technical Evaluation Panel. (a) A wetlands technical evaluation panel is hereby established. The panel shall be composed of the city engineer, a person appointed by the Board of Water and Soil Resources, and a person appointed by the Hennepin County Conservation District. (b) The technical evaluation panel shall exercise the authority granted to it under the Act, the Rules, and this subsection, including, without limitation: making technical determinations concerning questions of public values, location, size, and type for replacement plans; (ii) assisting in making wetland size and type determinations as part of exemption and no -loss determinations; (iii) answering technical questions and participating in monitoring of replacement wetlands; and (iv) participating in the monitoring of banked wetlands. Subd. 6. Exemptions. A landowner may apply for a certificate granting an exemption from the provisions of this subsection for the purposes of draining or filling a wetland. An exemption certificate shall be granted pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence that the wetland to be drained or filled meets the exemption criteria contained in the Rules; RHB118959 ME230-5 36 6-3-97 97-18 (b) a finding by the technical evaluation panel that the wetland meets the exemption criteria contained in the Rules, if such a finding is deemed necessary by the city council; and (c) receipt by the applicant from the city of a certificate granting an exemption from the provisions of this subsection. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. Subd. 7. No -loss. A landowner uncertain whether proposed work will result in a loss of wetlands may apply for a no -loss determination. No -loss determinations shall be made by the city council pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence of one of the following conditions: (i) the work will not drain or fill a wetland; (ii) water level management activities will not result in the conversion of a wetland to another land use; (iii) the activities are in a surface impoundment for containment of fossil fuel combustion waste or water retention, and are not part of a compensatory wetland mitigation program; or (iv) the activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previously excavated drainage system to restore a wetland to its original condition; and (b) a finding by the technical evaluation panel that the criteria set forth in this subdivision have been satisfied, if such a finding is deemed necessary by the city council. Subd. 8. Replacement Plan Decisions. (a) A landowner intending to drain or fill a wetland who does not qualify for or fails to obtain an exemption or no -loss determination shall obtain approval of a replacement plan from the city council. Replacement plans intended to mitigate activities within the city must involve the replacement or rehabilitation of properties pursuant to the location requirements set forth in the Rules. (b) Replacement plan decisions under this subsection shall be made pursuant to the following procedures: RHB118959 6-3-97 ME230-5 46 97-18 (i) The applicant must submit the proposed plans to the city. (ii) If the applicant proposes to undertake an activity affecting less than 10,000 square feet of wetland, the city shall, within ten days of receiving the application, mail a summary of the application, including the identity of the applicant, the location and scope of the project, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iii) If the applicant proposes to undertake an activity affecting 10,000 square feet or more of wetland, the city shall, within ten days of receiving the application, mail a copy of the application, an invitation to comment, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the watershed district or water management organization in which the wetland is located, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iv) The city council shall base decisions concerning replacement plans on the standards set forth in the Rules and on any technical determinations of the technical evaluation panel concerning the public values, location, size, and type of the affected wetland. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. (c) The city may at any time inspect any activity or project undertaken under this subdivision to ensure compliance with the Act, the Rules, and this subsection. In the event that the activity or project is not in compliance with the Act, the Rules, or this subsection, the city may take any enforcement action available under the state law, the Rules, or the Medina city code. Subd. 9. Wetland Banking. Upon application by a landowner, the city council shall determine whether a wetland shall be certified as eligible for deposit in the state wetland bank. The city council shall certify a wetland as eligible for deposit in the state wetland bank pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence that the wetland meets the criteria for banking contained in the Act and the Rules; and (b) a finding by the technical evaluation panel that the wetland meets the criteria for banking contained in the Act and the Rules, if such a finding is deemed necessary by the city council. Subd. 10. Fees. Any application under this ordinance must be accompanied by the fee established from time to time by the city council by resolution. No application shall be considered complete until the appropriate fee has been received by the city. RHB118959 ME230-5 56 6-3-97 97-18 Subd. 11. Incorporation by Reference. The Act and the Rules are hereby incorporated by reference as if fully set forth in this ordinance. In the event that an inconsistency exists between the provisions of the Act, the Rules, and this subsection, the provision which provides the most wetland protection shall apply. SECTION II: This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 3 day of June, 1997. f Fenis, Mayor ATTEST: Paul Robinson, Clerk -Treasurer Published in the Lakeshore Weekly News this 12 day of June, 1997. RHB118959 ME230-5 66 6-3-97 97-18