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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