HomeMy Public PortalAbout441CITY OF MEDINA
ORDINANCE NO. 441
An Ordinance Pertaining to Wetland Protection and Regulation
Amending Sections 828.43, 831.05, and 831.07
The city council of the city of Medina ordains as follows:
SECTION I. Medina Code Section 828.43 is amended by deleting the st-rieken material and
adding the underlined material as follows:
Section 828.43. Wetlands Conservation.
Subd. 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
c„tivzsvi-,i,13efinitiens -The f ll,.,. i , terms s7,aElie „ e ,. to thee•
(a) "Act" means Minnesota Laws 1991, Chapter 351, 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 8120, as amended.
All other terms used in this subsection which arc 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
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.
Ordinance No. 441
May 20, 2008
(b) The technical evaluation panel shall exercise the authority granted to it under the
(i) making technical determinations concerning questions of public values,
t
wetl .,
(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:
f p+ f.,.,,, +moo .Bean, i,,, ,.;i sett a t rt e that the , ,band
to be drained or filled meets the exemption criteria contained in the Rules;
(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
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:
(i) the work will not drain or fill a wetland;
(ii) water level management activities will not result in the conversion of a
o;
Ordinance No. 441 2
May 20, 2008
(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;
(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:
(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.
Ordinance No. 441 3
May 20, 2008
(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.
(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.
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
Subd. 1. Purpose. The city council of the city of Medina finds that wetlands serve a
variety of beneficial functions. Wetlands maintain water quality, reduce flooding and erosion,
provide food and habitat for wildlife, provide open space, and are an integral part of the city's
environment. Wetlands are also important physical, educational, ecological, aesthetic,
recreational and economic assets to the city. They are critical to the city's stormwater
management and other aspects of the public health, safety and general welfare. Protecting
wetlands and regulating the land uses around them is therefore in the public interest.
Subd. 2. Definitions. For the purposes of this section, the following terms shall
have the meanings given to them:
Ordinance No. 441 4
May 20, 2008
(a) "Applicant" means the individual or entity submitting a land use application to the
city.
(b) "Buffer Setback" means the minimum horizontal distance between a structure and
the nearest edge of the Upland Buffer Zone. The purpose of the Buffer Setback is
to protect the Upland Buffer Zone.
(c) "DNR Mapped Area" means a location identified by the Minnesota Department of
Natural Resources as a Site of Biodiversity Significance or by the Minnesota
Department of Natural Resources County Biological Survey as a High Quality
Natural Area.
(d) "MnRAM" means the Minnesota Routine Assessment Methodology for
Evaluating Wetland Functions as referenced in Minnesota Rules 8420.0549 and
maintained by the Minnesota Board of Soil and Water Resources. MnRAM is a
field tool used to assess Wetland functions on a qualitative basis. Wetland
functions assessed by MnRAM include: floral diversity and integrity; wildlife
habitat; water quality protection; flood and stormwater attenuation; recreation;
aesthetics; education; science; fishery habitat; shoreline protection; groundwater
interaction; and commercial uses.
(e) "Native Vegetation" means plant species indigenous to or naturalized to the
Hennepin County Region of the State of Minnesota or plant species classified by
the Minnesota Department of Natural Resources as native in the Minnesota Native
Plant Database. Native Vegetation does not include Weeds as defined by this
section.
(f) "Non-native Vegetation" means species not indigenous to or naturalized to the
Hennepin County Region of the State of Minnesota by the Department of Natural
Resources or plant species.
(g) "Upland Buffer Zone" means an area or areas of vegetated ground cover around
the perimeter of a Wetland that, either in its natural condition or through
intervention, is critical to the protection of that Wetland. An Upland Buffer Zone
protects the edge of a Wetland from erosion and filter sediment, chemicals and
other nutrients from the runoff that drains into the Wetland. An Upland Buffer
Zone also provides wildlife habitat and assists in maintaining diversity of both
plant and animal species within the city. It also reduces human disturbances to the
Wetland by providing a visual and physical transition area from a yard to a
Wetland.
(h) "WCA" means the Minnesota Wetland Conservation Act of 1991, Minnesota
Statutes Sections 103G.222 - .2373. The city of Medina shall be designated as the
Local Government Unit for the purposes of the WCA.
Ordinance No. 441 5
May 20, 2008
"Weeds" mean (i) "noxious weeds" as defined and designated pursuant to the
"Minnesota Noxious Weed Law," Minnesota Statutes Sections 18.76 through
18.88, as amended from time to time, or (ii) any volunteer plants, including, but
not limited to, spotted knapweed (Centaurea Maculosa) or burdock (Arctium
Minus). For the purposes of this section, Weeds shall not include dandelions or
clover. The city weed inspector and/or assistant city weed inspector shall
maintain a current list of plants that are defined as "Weeds" for purposes of this
section.
"Wetland" means a land that is transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land is covered by
shallow water. For purposes of this section, in order for a land to be considered a
"Wetland," it must have all of the following characteristics: (i) a predominance of
hydric soils; (ii) be inundated or saturated by surface or ground water at a
frequency and duration sufficient to support a prevalence of hydrophytic
vegetation typically adapted for life in saturated soil conditions; and (iii) under
normal circumstances, support a prevalence of hydrophytic vegetation.
(k) "WMCM" means a Wetland Management Classification Map which is to be
maintained by the city. The WMCM shall classify each Wetland in the city as one
or more of the following types: "Preserve," "Manage 1," "Manage 2," and
"Manage 3." The classification shall be based on an assessment using MnRAM.
The WMCM is hereby adopted by reference and a copy of which shall be kept on
file in the office of the zoning administrator. It shall be available for public
review during all normal city office hours.
Subd. 3. General Provisions.
(a) In order to protect Wetlands, this section incorporates by reference the WCA and
any future amendments to the WCA. In the event that any requirements of this
section are inconsistent with the WCA, the stricter provision that provides the
most protection for Wetlands shall apply.
(b) Any structure erected following the effective date of this section shall be set back
the greater of the following distances:
(i) The Buffer Setback required by subdivision 5(a) of this section;
(ii) Wetland setback required by zoning district -specific regulations, if
applicable; or
-\(iii) A minimum of 20 feet from the ed.e of the delineated Wetland as a• •roved
by the city.
7pplicability. The Upland Buffer Zone and Buffer Setback requirements of this
• section shall apply to all pro ertcontaining WLA.:,,,:ds i;•. the following
circumstances:
Ordinance No. 441 6
May 20, 2008
i When any new development activity occurs on the property. For purposes
of this section, "new development activity" means:
(A) Any subdivision, as defined by state law;
(B) Any site plan review required by Medina City Code section
825.55;
(C) Any planned unit development general plan;
(D) Construction of a principal structure on an existing vacant lot;
(E) Redevelopment of a property which meets all of the following
conditions:
n results in the removal of more than 50 percent of the market
value of the principal structure.,
2� the structure's removal is followed by reconstruction
(except as exempted by subdivision 3 (d) of this section);
and
results in a net increase in the square footage of impervious
surfaces that drain to a Wetland, or results in the relocation
of impervious surfaces closer to a Wetland, or results in
changes to drainage patterns (slopes, meander patterns, etc.)
that the city engineer determines will increase the velocity
or rate of runoff to a Wetland;
(F) Any project that involves draining, filling, excavating, or alterating
a Wetland except if:
1) less than 50 cubic yards of disturbance is completed, and
2) the city determines that the project improves draina e
infrastructure and/or the function or value of the wetland.
(G) Any project that alters or fills land below the projected 100-year
high water elevation of a body of water.
(ii) Any other land use application which proposes more than cubic yards
of grading disturbance, which requires city review, and which is not
specified above, including, but not limited to, conditional use permits,
interim use permits, and variances; or
Ordinance No. 441 7
May 20, 2008
(iii) When there is a construction or land alteration activity on a property that
does not fall within the above categories, but that meets all of the
following conditions:
(A) The portion of the property to be disturbed by the construction or
land alteration activity naturally drains to a Wetland;
(B) The amount of grading on the property exceeds 50 cubic yards or
the construction activity involves the disturbance of an area of
more than 5,000 square feet; and
(C) The proposed activity increases the amount of impervious surface
within 100 feet of the Wetland by more than 1,000 square feet.
�iv l Activities described in subdivision 3(c)(i)(D), subdivision 3(c)(i)(E), or
subdivision 3(c)(iii) of this section for which a building permit has been
issued prior to January 1, 2010 shall not be subject to the Upland Buffer
Zone and Buffer Setback requirements of this section.
(d) Exemptions. The Upland Buffer Zone and Buffer Setback requirements of this
section shall not apply to the following:
Any plat which has received preliminary approval or any other land use
application which has received final approval by the city council prior to the
effective date of this section;
(ii) Reconstruction of a legal non -conforming structure that was destroyed by
fire or other peril that is permitted to be reconstructed by city code and state
statute;
(iii) Any nreviousl_ buildable . arcel existin ! e rior to the effective date of this
section which is rendered unbuildable under city code because of the
implementation of the Upland Buffer Zone and Buffer Setbacks as required
by this section and other restrictions in the zoning ordinance;
(iv) Any parcel existing prior to the effective date of this section on which a
wetland buffer has been established as required by the city or another
governmental entity having relevant jurisidiction. However, upon further
subdivision, or if an applicable activity is proposed in a location which
drains directly towards a wetland without a wetland buffer, the Upland
Buffer Zone and Buffer Setback requirements of this section shall apply; or
(v) Any agricultural activity exempted from the requirement for a wetland
replacement plan pursuant to the WCA.
Ordinance No. 441 8
May 20, 2008
Subd.4. Application Materials. An Applicant shall submit the following
information to the city along with all other materials required by city code with respect to any
land use application or permit application:
(a) A grading plan (if grading is proposed), including the area and volume of land
disturbance;
(b) The square footage of the proposed structure and any impervious surface;
( A Wetland delineation report. It is the responsibility of the Applicant to
determine whether Wetlands exist on the property by completing a Wetland
delineation and submitting a Wetland delineation report. The following shall
apply to the Wetland delineation report:
The report shall delineate and document the boundaries of any Wetlands on
the property in accordance with the WCA requirements;
(ii) The city shall require that the Wetland delineation be performed by a certified
Wetland delineator. The Wetland delineation must be performed according
to the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and
subsequent amendments, and be acceptable to the city engineer. The city
engineer shall have complete discretion in determining whether the Wetland
delineation report is acceptable;
(iii) The report shall state the WMCM classifications for all Wetlands located on
the property. If a Wetland on the property is not shown or classified on the
WMCM, the Applicant shall submit a completed electronic copy of the
MnRAM form for the Wetland to the city. The MnRAM form shall be
completed by a certified Wetland delineator;
(iv) Wetland delineations and any required MnRAM classifications shall be
completed by the Applicant between April 20th and October 20th of the
given year and must be submitted to the city for review no later than
November 1 st. A Wetland delineation completed outside these dates or
submitted later than November 1st may be considered to be incomplete;
(v) Wetland classification appeal. In the event that the Applicant is not in
agreement with a Wetland's WMCM classification, the Applicant may appeal
the classification to the city. The Applicant shall put the appeal in writing
and include supporting documentation. The appeal will be reviewed by city
staff and decided by a technical evaluation panel, members of which will be
determined by the city council. The technical evaluation panel shall make a
determination on the appeal within forty-five days of receipt of a complete
appeal application. The Applicant may appeal the technical evaluation
Ordinance No. 441 9
May 20, 2008
panel's decision to the city council. The appeal must be filed within thirty
days of the technical evaluation panel's decision; and
(vi) The city shall place any approved Wetland classifications on the WMCM.
(d) A certificate of survey or site plan describing the proposed activity and showing
the Upland Buffer Zones to the Wetlands on the property;
(e) An Upland Buffer Zone landscaping plan, if required;
(f) Any submittals required by the WCA;
(g) Legal descriptions of the Wetlands and Upland Buffer Zones; and
(h) Funds deposited in an amount to be determined by the city to be used for any
expenses incurred by the city in completing its review of the Wetland delineation
report, Wetland ordinance compliance, a WMCM classification or DNR Mapped
area appeal, and, if appropriate, developing a Wetland boundary estimate and
determining if the Upland Buffer Zones proposed by the Applicant meet the
requirements of this section.
(i) A plan identifying measures to protect wetlands from intrusion during
construction. These measures may include silt fencing, snow fencing, signage, or
other measures determined by the city. While determining the required
protection, the city shall consider the WMCM classification of the Wetland, the
proximity of proposed disturbance to the Wetland, and the likelihood of intrusion.
Ordinance No. 441 10
May 20, 2008
Subd. 5. Upland Buffer Zone and Required Buffer Setbacks.
(a) If a new development activity, as defined in subdivision 3(c)(i) of this section, is
proposed, the following Upland Buffer Zone and Buffer Setbacks shall be
required for each Wetland, or portion of Wetland, within the subject property. In
the event that zoning district regulations differ from the following table, the
standards or procedures described within the zoning district regulations shall be
required:
Wetland Classification
Upland Buffer
Minimum
Buffer Setback
Buffer Setback
Zone Average
Upland Buffer
(Principal
(Accessory
Width
Zone Width
Structure)
Structure)
Preserve (at least partly within or
50 feet
30 feet
15 feet
5 feet
ad'aa cent to a DNR Mapped Area)
All Other Preserve
35 feet
25 feet
15 feet
5 feet
Manage 1
30 feet
20 feet
15 feet
5 feet
ana e 2
25 feet
20 feet
15 feet
5 feet
Manage__3
20 feet
15 feet
15 feet
5 feet
The width of the Upland Buffer Zone may vary along the Wetland's boundaries,
so long as the following conditions are met:
(i) The Upland Buffer Zone's width does not fall below the minimum Upland
Buffer Zone width at any location;
(ii) The total area of the Upland Buffer Zone meets or exceeds the total area
which would be required if the Upland Buffer Zone average width was
utilized; and
(iii) Areas that are within an Upland Buffer Zone with a preconstruction slope
exceeding 12 percent must meet or exceed the Upland Buffer Zone average
width requirement.
(b) If an activity as defined by subdivision 3(c)(ii) or subdivision 3(c)(iii) of this
section is proposed, an Upland Buffer Zone with an average width of 20 feet and a
minimum width of 15 feet shall be required adjacent to the portion of the Wetland
downgradient from the proposed activity. The Upland Buffer Zone must meet all
requirements of this section, except that a conservation easement shall not be
required provided that the Upland Buffer Zone is documented using an alternate
form required by the city.
(c) All Upland Buffer Zones shall be measured from the edge of the delineated
Wetland, as approved by the city, into the adjacent upland area.
(d) The total area required for an Upland Buffer Zone shall not exceed 200 percent of
the area of the adjacent Wetland. If the Upland Buffer Zone width is reduced
Ordinance No. 441 11
May 20, 2008
subject to this clause, the width shall not vary along the Wetland's boundary
unless the city determines that such variation results in increased protection of the
Wetland.
(e) Upland Buffer Zones shall not be required for Wetlands under 1,000 square feet in
size. The setback requirements described in Subd. 3(b) of this section shall apply.
(0 The Upland Buffer Zone requirements of this section may be reduced at the
discretion of the city council and if all of the following conditions are met:
a) The Applicant implements practices which are superior at meeting the long-
term purposes of the section than would be possible through strict
adherence to the requirements of this section;
(ii) The total area of the proposed Upland Buffer Zone exceeds that which would
result if the required minimum Upland Buffer Zone width was utilized
around the entire Wetland; and
(iii) The proposed Upland Buffer Zone width does not fall below 75 percent of
the required minimum Upland Buffer Zone width at any location around
the entire Wetland.
(g) Where existing structures or impervious surfaces are located within an area that
would be required to be included in an Upland Buffer Zone, alternative methods
to protect the Wetland may be approved by the city staff in order to avoid creating
unreasonable impacts on the existing use of the property. Such methods may
include, but are not limited to, Upland Buffer Zone width averaging below the
minimum required, redirection of drainage to a different area where an Upland
Buffer Zone is feasible while still maintaining the drainage to the Wetland, or the
use of rainwater gardens, vegetated swales or other best management practices for
treating runoff.
(h) The city recognizes that the ability of an Applicant to implement the Upland
Buffer Zones required by this section may be constrained when there is an
activity proposed within existing right-of-way or adjacent to existin! roadwa s
that is located on property that is not controlled by the Applicant . In these
situations, Upland Buffer Zone mitigation shall not be required, but the
Applicant shall make reasonable efforts to fulfill the requirements of this section
to the extent possible.
(i) In the event that a Wetland is identified on city documents to be at least partly
within or adjacent to a DNR Mapped Area, and the Applicant disagrees with such
a determination, the Applicant may appeal to the city.
(i) The Applicant shall submit the appeal in writing and include supporting
documentation.
Ordinance No. 441 12
May 20, 2008
(ii) City staff shall make a decision on the appeal within 45 days of receipt of a
complete appeal application.
(iii) The Applicant may appeal the decision of city staff to the city council. This
appeal must be filed with the City within 30 days of city staff s decision.
Subd. 6. Alterations within Wetlands and Upland Buffer Zones. (a) The area
within Wetlands and Upland Buffer Zones shall be preserved predominately in their natural
states, except to the extent set forth below. With the exception of activities defined by
subdivision 3(c)(iii) of this section where a smaller Upland Buffer Zone is required, Upland
Buffer Zones must be protected by a conservation easement granted to the city by the Applicant
in a form provided by the city. The conservation easement will preserve the natural state of the
Upland Buffer Zones by restricting the activities that are allowed within the easement areas. The
easement will give the city the authority to enforce the conservation easement restrictions.
Additional public uses within the conservation easement, such as a trail, will not be required by
the city for these purposes but may be required pursuant to other applicable city requirements.
(b) Any alterations within the Wetland and Upland Buffer Zone, except those stated
below, are prohibited, including, but not limited to, the installation or placement
of structures and impervious surfaces, the operation of construction machinery,
the destruction or removal of trees, shrubs or other vegetation, the introduction of
any Non-native Vegetation, any mowing, dredging or excavation activities and the
placement or storage of any fill material, manure, or trash and the application of
fertilizer. The following activities are permitted:
kil Activities described within an Upland Buffer Zone landscaping or
mitigation plan, or a WCA application that was approved by the city;
(ii) The removal of Non-native Vegetation;
(iii) Necessary alterations related to the establishment and maintenance of the
native vegetation within the Upland Buffer Zone;
(iv) Proposed alterations which are determined by the city to be consistent with
the vegetative standards and the purposes of this section;
(v) The removal of dead or diseased trees;
(vi) The installation of utility poles, underground utility lines, light poles,
traffic regulatory signs and signals, mailboxes, and other equipment that is
determined by the city to provide an essential public service;
(vii) The installation of public and private flood control structures, ponding and
drainage facilities and associated accessory appurtenances as approved by
the city;
Ordinance No. 441 13
May 20, 2008
f./U1 The installation of environmental monitoring or control facilities,
including those related to water quality and wildlife regulation;
(ix) The mowing of or installation of permeable pathways not to exceed four
feet in width to allow reasonable access to the Wetland;
0 The installation of boardwalks, docks or other structures to allow
reasonable access to the Wetland. These structures shall not exceed four
feet in width or have poles greater than eight inches in diameter;
(xi) The installation of public trails, if required. The temporary and permanent
trail disturbance shall not exceed eight feet in width and must be located
outside of the minimum width of the required Upland Buffer Zone.
Subd. 7. Upland Buffer Zone Markers. All Upland Buffer Zones shall be identified
with markers. The Applicant shall be responsible for the costs of obtaining and installing the
markers. At a minimum, one marker shall be placed per lot at the upslope edge of the Upland
Buffer Zone and then placed every 250 feet thereafter and on all common lot lines.
(a) Proposed locations of the markers shall be shown on the grading or site plan for the
property. The location of the markers shall capture the portion of the Upland Buffer
Zone that extends the furthest upslope into the lot. A plan that shows the location of
the marker shall be provided to the city for its review and approval.
(b) Artwork and verbiage on the sign shall face away from the Wetland..
(c) Sign dimensions, specifications, verbiage, and artwork shall be specified by the city
and provided to the Applicant.
Subd. 8. Vegetation Performance Standards. Upland Buffer Zones shall meet the
following vegetation performance standards:
(a) Where acceptable natural vegetation exists in an Upland Buffer Zone, disturbance
is allowed only with approval from the city. An Upland Buffer Zone will be
considered to have acceptable natural vegetation if it:
is composed of less than 25 percent Weeds;
(ii) is covered by Native Vegetation with less than five percent exposed soil.
Exposed soils may exceed 5% in cases where native tree and shrub canopy
closure of 75% or greater exists; and
(iii) does not contain maintained turf grass.
Ordinance No. 441 14
May 20, 2008
Where an Upland Buffer Zone or a portion thereof is not considered acceptable or
is to be disturbed, a Upland Buffer Zone landscaping plan must be submitted to
the city engineer for approval. At a minimum, the landscaping plan shall include
the following information:
A plan sheet that shows the location of the Upland Buffer Zones. The plan
sheet must also show Upland Buffer Zones that are considered to be
acceptable in their current state and identify them as areas that will not be
disturbed during grading. The city shall require silt fencing around these
areas in order to protect them from erosion and disturbance during grading
and construction. Silt fencing shall be removed promptly following
stabilization as described within the city's construction site runoff
regulations;
(ii) The species, planting and seeding locations for Upland Buffer Zones that
were determined to be unacceptable by the city. This shall involve the
seeding or planting of a minimum of at least four species of native grasses
and five species of native forbs and a cover crop. The seed mix shall
consist of at least fifteen pounds of pure live seed (PLS) per acre and the
cover crop shall be at least twenty pounds per acre. If planting is
proposed, spacing between plants shall not exceed three feet unless
otherwise approved by the city engineer; and
(iii) Detailed specifications that describe sequencing, scheduling, materials,
installation and maintenance execution for the seeding, planting, or Weed
removal within the Upland Buffer Zones.
(c) In cases where an Upland Buffer Zone landscaping plan is required, the city may
require an approved form of a financial guarantee equal to 150 percent of the
estimated cost of the vegetation installation. The financial guarantee shall be
valid for two years and may be used by the city for compliance inspections and
establishment of the required vegetation if not completed by Applicant or if
deemed unsuccessful by the city. Vegetation will be deemed by the city to be
successful if the area has a minimum of one plant per square foot from the
specified seed mix or planting plan and less than twenty-five percent of the area is
inhabited by Weeds.
Subd. 9. Maintenance. The property owner or homeowners' association shall be
responsible for maintaining the Upland Buffer Zones on the property. Maintenance shall include
the following:
(a) Maintain and repair any damage to the Wetland Buffer Zone caused by activities
such as mowing, cutting or grading, unless the activities are approved by the city.
Ordinance No. 441 15
May 20, 2008
(b) Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native
Vegetation and that there is less then five percent of open soil surface which may
result in erosion.
Subd. 10. Wetland and Upland Buffer Zone Mitigation. In cases where a Wetland
or Upland Buffer Zone alteration is approved by the city and mitigation is required, the
mitigation must result in equal or improved Wetland function and value. The following
standards shall apply for any Wetland or Upland Buffer Zone mitigation:
(a) Wetland mitigation shall conform to the requirements of the WCA.
(b) In cases where an approved WCA Permit Application allows Wetland impacts,
Upland Buffer Zones shall be required on the fill slope of the impact, but
additional fill shall not be permitted to meet the Upland Buffer Zone requirements
of this section. Instead, expansion of the Upland Buffer Zone shall be required
elsewhere alon • the ed • e of the Wetland to meet the overall area of the re o uired
buffer.
(c) The area of Upland Buffer Zone required for Wetlands created subject to an
approved WCA Permit Application shall meet or exceed the area of Upland
Buffer Zone which would have been required by this section for the impacted
Wetland.
(d) If wetland banking as defined within WCA, is proposed subject to an approved
WCA Permit Application, the Upland Buffer Zone for the impacted Wetland shall
be replaced by purchasing it from a Wetland bank if it cannot be replaced on -site.
Replacement of the Upland Buffer Zone on -site is strongly preferred.
(e) Wetland and Upland Buffer Zone plantin • s that are com leted for miti • ation shall
meet the vegetative standards in this section.
(f) Upland Buffer Zones may be utilized for Wetland mitigation credits if they meet
the requirements of the WCA.
Subd. 11. Variance. A variance from the requirements of this section may be
granted by the city council in accordance with the variance provisions of the city code, so long
as the variance does not violate the WCA or any other applicable state statutes or rules.
Ordinance No. 441 16
May 20, 2008
Subd.12. Enforcement.
(a) Investigation. When a violation of this section is either discovered by or brought
to the attention of the city, the city shall immediately investigate the situation and
document the nature and extent of the violation.
(b) Notice of the Violation. If a violation is found to exist, the city shall notify the
offending party of the requirements of this section, all other applicable official
controls and the nature and extent of the suspected violation of these controls. If
the structure or use is under construction or development, the city may order the
construction or development to be immediately stopped until the property is
brought into compliance with this section. If the construction or development has
already been completed, then the city may issue an order identifying the corrective
actions that must be made within a specified time period to bring the use or
structure into compliance with this section.
(c) Appeal. The offending party may appeal the city's correction order to the city
council. An appeal must be brought in writing no later than ten days from the date
of the notice.
(d) Failure to Correct. If the offending party does not correct the work within the
specified date on the notice and no appeal has been taken within ten days of the
notice, the city may enter the property and perform the corrective work. Any
amount incurred by the city in performing the corrective work may be certified by
the city to the county for collection with the property taxes.
(e) Penalties. Any person who violates any provision of this section shall be guilty of
a misdemeanor and shall be subject to a maximum fine or maximum period of
imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each
additional day that the property remains in violation of this section shall constitute
an additional violation of this section and may be prosecuted accordingly.
(f) Nothing contained herein shall prevent the city from taking such other lawful
action as is necessary to prevent or remedy any violation of this section, including,
but not limited to, seeking a civil injunction or restraining order.
SECTION II. Medina Code Section 831.05, subdivision 9 is amended by deleting the stamen
material as follows:
Section 831.05. Lot, Setbacks and Building Size Requirements. The following minimum
requirements shall be observed, subject to additional requirements, exceptions and modifications
set forth in other sections of this ordinance. (When setback provisions overlap, the most
restrictive provisions of both setbacks shall apply. See Figure 1.)
Ordinance No. 441 17
May 20, 2008
Subd. 9. Wetland Setback: Shall be a minimum of 10 feet and such setback shall be natural
SECTION III. Medina Code Section 831.07, subdivision 1 is amended by deleting the stricken
material as follows:
Section 831.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance that
land uses, buildings, and functions are compatible within the district and with adjacent districts.
The plans and the proposed use of a property shall conform to the design and development
standards prior to approval of any permit. The applicant or owner shall supply data necessary to
demonstrate such conformance.
Subd. 1. Design and development standards — all uses: The following design and development
standards are identified for all uses. Additional standards may be identified during the review and
approval process, due to the particular characteristics of each site, the proposed development of
the site, and the uses on adjacent property.
(a) Site Analysis — A complete analysis of the site shall be made and a site analysis
map shall be prepared as defined by this ordinance. The analysis map shall then be
used to determine how the site shall be used and to identify the appropriate
arrangement of the various components to the development. A site plan shall then
be prepared as defined by this ordinance.
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must
include existing trees and landscaping to be retained. The plan must show new
landscaping including ground cover, shrubs, and trees by type, size, and spacing.
The plan must also include planting methods, walls and fences, if any, (which
must be decorative), plazas, fountains, sculptures, all outdoor lights, and other
relevant features.
(c) Building Plan - A building plan shall be prepared and include at least the
following : a generalized floor plan for each floor, uses, elevation plans for each
side of the building showing proposed color and type of materials, fenestration,
any rooftop equipment and proposed screening materials, size and square footage,
number of parking stalls in the building or in the ramp or deck, if any, building
size, building height, exterior lighting, signage if any, and any other relevant
features.
(d) Utilities — All utilities shall be placed underground. Transformers and similar
equipment, if any, should be located inside a building or shall be fully screened
from view.
(e) Signage — A coordinated signage system for the building and access may have to
be provided.
Ordinance No. 441 18
May 20, 2008
(fl
Natural Features and Drainage — Retaining existing land forms on the site is
encouraged especially when it involves natural amenities such as mature trees and
natural drainage. Protection of Elm Creek is required by the shoreland ordinance.
Natural vegetation enhancement along the creek is encouraged. Plans which
restore natural vegetation along the creek may be given up to a 25 percent
reduction in one or two of the yard setbacks.
(g) Wetland Setback (Sec section titled Lot, Setback and Building Size
Requirements and Figurc 1)
SECTION IV. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 20th day of May, 2008.
ATTEST:
Chad M. Adams, City Administrator
1 -mil (',
S
T.M. Crosby, Jr., Mayor
Published in the South Crow River News this 23 day of May, 2008.
Ordinance No. 441 19
May 20, 2008