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HomeMy WebLinkAboutOrd. 114 - Buffer Strips/Wetlands CITY OF ANDOVER ANOKA COUNTY, MINNESOTA ORDINANCE NO. 114 AN ORDINANCE ESTABLISHING BUFFER STRIPS AND STANDARDS FOR THE PROTECTION OF WETLANDS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Intent. This ordinance hereby incorporates by reference the Wetlands Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and anyfuture amendments adopted by the legislature. All wetlands and activities shall comply with those regulation as adopted under the WCA. The City finds it necessary to regulate the use of lands surrounding wetlands. Buffer strips, are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife. It is the intent of this ordinance to establish and maintain a buffer strip that abuts all wetlands that may be left undisturbed, or is of natural condition. Section 2. Purpose and Implementation. Through the adoption and enforcement of this ordinance, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetland resources of the City. The City seeks to accomplish the following purposes: (a) To satisfy all of the requirements of the Wetlands Conservation Act of 1991 as amended; (b) To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; (c) To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and (d) To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Section 3. Definitions, Buffer Strip - A one rod (16.5 feet or 5 meters) wide area abutting a wetland that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. Wetland(s) - Lands 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 the purposes of this definition, wetlands must: (1) have a predominance of hydric soils; (2) be inundated saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances support a prevalence of such hydrophytic vegetation. Section 4, Wetland Buffer Strips and Setbacks. For lots of record created after the adoption of this ordinance, a buffer strip shall be established abutting all wetlands, The buffer provisions of this ordinance shall not apply for developments that have paid the preliminary plat fee (As Established in Ordinance No. 10, Section 7.02 - Procedures for Platting and Subdividing Tracts of Land) to the City within 30 days after the adoption of this ordinance. Buffer strips shall be established and maintained in accordance with the following requirements: (a) Buffer strips shall be identified within each lot by active protective fencing approved by the City. The developer shall be responsible for the placement of the fencing. A one rod (16.5 feet or 5 meters, measured linear) wide undisturbed buffer strip shall be maintained abutting all wetlands during the development and building phases. (b) Wetland buffer strips shall apply to all wetlands. Recognizing that there are instances where because of the unique physical characteristics of a specific parcel of land, narrower buffer strips may be necessary to allow for the reasonable use of the land and to allow for the natural functioning of the wetland. The Andover Review Committee may approve alternative standards, based on an assessment of the following: (a) Size of the parcel, (b) Existing roads and utilities, (c) Percentage of parcel containing wetlands, and (d) Configuration of wetlands on parcel. The Andover Review Committee will evaluate the appropriateness of using the alternative standards as part of its review. An applicant must receive Andover Review Committee approval through either of these review processes prior to submitting a preliminary plan or plat application that applies the alternative buffer strip standards. Active protective fencing shall be installed by the developer/builder along the most upland edge of all wetland buffer strips prior to any development andlor building construction. These fences will be a minimum of three (3) feet high. Geotextile fabric fencing (silt fence) is acceptable as long as it meets MNDOT 3733 Type 3. All fencing barriers must be installed prior to and maintained throughout development andlor building construction. All fencing barriers shall not be removed until construction andlor development has been completed. It shall be the responsibility of the builder or property owner to remove all fencing barriers once the lot has been landscaped (soil andlor seed established). The fencing barriers are intended to inform the developer, builder and property owner of the wetland buffer strip protection process. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 114 SUMMARY AN ORDINANCE ESTABLISHING BUFFER STRIPS AND STANDARDS FOR THE PROTECTION OF WETLANDS The City Council of the City of Andover does hereby ordain: STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance (establishing buffer strips and standards for the protection of wetlands) is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The City finds it necessary to regulate the use of lands surrounding wetlands. Buffer strips (defined as a sixteen and one-half wide area abutting all wetlands that shall be left undisturbed or in its natural condition during the development, building and landscaping phases) are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife. All lots of record created thirty (30) days after the adoption of this ordinance shall establish and maintain buffers strips during the development and building phases. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforc ment The City Administrator or its duly authorized employees shall be responsible for the administration and enforcement of this ordinance. Interpretation In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrog rate , or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 114A AN ORDINANCE AMENDING ORDINANCE 114, ESTABLISHING BUFFER STRIPS AND STANDARDS FOR THE PROTECTION OF WETLANDS AND STORM WATER PONDS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: Section 1, Findinas and Intent. This ordinance hereby incorporates by reference the Wetlands Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislature. All wetlands and activities shall comply with those regulations as adopted under the WCA. The City finds it necessary to regulate the use of lands surrounding wetlands. Buffer strips, are necessary and beneficial to maintaining the health of wetlands and storm water ponds. These strips of land surrounding wetlands and storm water ponds protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into #Ie-- wetland these water features. Buffer strips are also beneficial in providing habitat for wildlife. It is the intent of this ordinance to establish and maintain a buffer strip that abuts all wetlands and storm water ponds that may be left undisturbed, or is of natural condition. Section 2, Purpose and Implementation. Through the adoption and enforcement of this ordinance, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetbnd resouroes water features of the City. The City seeks to accomplish the following purposes: (a) To satisfy all of the requirements of the Wetlands Conservation Act of 1991 as amended; (b) To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; (c) To promote water quality by maintaining the ability of '....etl::mds to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and (d) To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Section 3. Definitions, Buffer Strip - A one rod (16.5 feet or 5 meters) wide area abutting a wetland andlor storm water pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the 100 foot buildability requirement of Ordinance No.10, Section 4. Wetland(s) - Lands 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 the purposes of this definition, wetlands must: (1) have a predominance of hydric soils; (2) be inundated saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances support a prevalence of such hydrophytic vegetation. Storm Water Pond - any land area desiQned to collect storm water. Section 4. Wetland Buffer Strips and Setbacks. For lots of record created after the adoption of this ordinance, a buffer strip shall be established abutting all wetlands and/or storm water ponds. The buffer provisions of this ordinance shall not apply for developments that have paid the preliminary plat fee (As Established in Ordinance NO.1 0, Section 7.02 - Procedures for Platting and Subdividing Tracts of Land) to the City within 30 days after the adoption of this ordinance. Buffer strips shall be established and maintained in accordance with the following requirements: (a) Buffer strips shall be identified within each lot by active protective fencing approved by the City. The developer shall be responsible for the placement of the fencing. A one rod (16.5 feet or 5 meters, measured linear) wide undisturbed buffer strip shall be maintained abutting all wetlands andlor storm water ponds during the development and building phases. (b) Wetland buffer strips shall apply to all wetlands andlor storm water ponds. (c) Buffer strips abuttinq storm water ponds shall be measured from the 100 year flood elevation surroundinq the storm water pond. Reoognizing that there are inctanoes where beoausc of the unique physic31 characteristics of a specific paroel of I::md, narrower buffer strips may be neoescary to allow for the rC3sonable use of the land and to allow f-or the natural funotioning of the wetland. The Andover Review Committee may approve alternative standards, baced on an assessment of the following: (a) Size of the parcel, (b) Existing roads and utilities, (0) Percentage of parcel oontaining 'Netlands, and (d) Configuration of 'Netlands on parcel. The .^,ndo':er Re'Jiew Committee '....iII evaluate the appropriateness of using the 31ternative €:tandards as part of it€: re'/ie\\'. An applicant must reoeive Andover ReviO'.v Committee approval through either of these re':iew prooesses prior to submitting a preliminary plan or plat application that 3pplies the alternative buffer strip standards. Active protective fencing shall be installed by the developer/builder along the most upland edge of all wetland buffer strips prior to any development andlor building construction. These fences will be a minimum of three (3) feet high. Geotextile fabric fencing (silt fence) is acceptable as long as it meets MNDOT 3733 Type 3. All fencing barriers must be installed prior to and maintained throughout development and/or building construction. All fencing barriers shall not be removed until construction andlor development has been completed. It shall be the responsibility of the builder or property owner to remove all fencing barriers once the lot has been landscaped (soil and/or seed established). The fencing barriers are intended to inform the developer, builder and property owner of the wetland buffer strip protection process. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 17th day of July, 2001 CITY OF ANDOVER ~4?~h"L Michael R. Gamache, Mayor ATTEST: ~ Odb Vicki Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 114A AN ORDINANCE AMENDING ORDINANCE 114, ESTABLISHING BUFFER STRIPS AND STANDARDS FOR THE PROTECTION OF WETLANDS AND STORM WATER PONDS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin2s and Intent, This ordinance hereby incorporates by reference the Wetlands Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislatwe. All wetlands and activities shall comply with those regulations as adopted under WCA. The City finds it necessary to regulate the use of lands surrounding wetlands. Buffer strips, are necessary and beneficial to maintaining the health of wetlands and storm water ponds. These strips of land surrounding wetlands and storm water ponds protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into these water features. Buffer strips are also beneficial in providing habitat for wildlife. It is the intent ofthis ordinance to establish and maintain a buffer strip that abuts all wetlands and storm water ponds that may be left undisturbed, or is of natural condition. Section 2, Purpose and implementation. Through the adoption and enforcement ofthis ordinance, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting of the City. The City seeks to accomplish the following purposes: 1) To satisfy.all ofthe requirements ofthe Wetlands Conservation Act of1991 as mended. 2) To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; 1 3) To promote water quality by maintaining the ability to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and 4) To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Section 3, Definitions, Buffer Strip - A one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or storm water pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the 100 foot buildability requirement of Ordinance No.1 0, Section 4. Wetland(s) - Lands 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 the purposes of this definition, wetlands must: 1) have a predominance of hydric soils; 2) be inundated saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence ofhydrophytic vegetation typically adapted for life in saturated soil conditions; and 3) under normal circumstances support a prevalence of such hydrophytic vegetation. Storm Water Pond - any land area designed to collect storm water. Section 4, Wetland Buffer Strips and Setbacks, For lots of record created after the adoption of this ordinance, a buffer strip shall be established abutting all wetlands and/or storm water ponds. The buffer provisions of this ordinance shall not apply for developments that have paid the preliminary plat fee (As Established in Ordinance No.1 0, Section 7.02 - Procedures for Platting and Subdividing Tracts of Land) to the City within 30 days after the adoption ofthis ordinance. Buffer strips shall be established and maintained in accordance with the following requirements: 2 (a) Buffer strips shall be identified within each lot by active protective fencing approved by the City. The developer shall be responsible for the placement of the fencing. A one rod (16.5 feet or 5 meters, measured linear) wide undisturbed buffer strip shall be maintained abutting all wetlands and/or storm water ponds during the development and building phases. (b) Wetland buffer strips shall apply to all wetlands and/or storm water ponds. (c) Buffer strips abutting storm water ponds shall be measured from the 100 year flood elevation surrounding the storm water pond. Active protective fencing shall be installed by the developerlbuilder along the most upland edge of all wetland buffer strips prior to any development and/or building construction. These fences will be a minimum of three (3) feet high. Geotextile fabric fencing (silt fence) is acceptable as long as it meets MNDOT 3733 Type 3. All fencing barriers must be installed prior to and maintained throughout development and/or building construction. All fencing barriers shall not be removed until construction andlor development has been completed. It shall be the responsibility of the builder or property owner to remove all fencing barriers once the lot has been landscaped (soil and/or seed established). The fencing barriers are intended to inform the developer, builder and property owner ofthe wetland buffer strip protection process. Section 5. Exemptions. (1) City initiated projects (i.e. trails, road, etc.) may be exempt from the wetland buffer strip requirements. (2) No height requirements shall apply to grass and weeds that are located in the buffer strip. Section 6, Wetland Buffer Strip Protection Plan. A Wetland Buffer Strip Protection Plan shall be submitted either as part ofthe Grading, Drainage and Erosion Control Plan or as on a separate drawing, to include the following: (1) Location of all wetlands. (2) Location of wetland buffer measures. (3) Location of buffer stripes). (4) All required setbacks from the buffer stripes). The following notes shall be indicated on the wetland buffer strip plan in large letters: 3 (1) (2) Section 7, Contact the City prior to any land disturbance. All wetland buffer strip protection measures shall be installed prior to development and/or building construction. Variances, (a) (b) Section 8, Requests for variances shall be made in accordance with the procedures and requirements set forth in Ordinance No. 10, Section 17. Variances may only be granted when the standards and criteria set forth in Ordinance No. 10, Section 17 have been met. Variances shall not be granted which would circumvent the intent and purposes of this ordinance. Inspection and Investil!:ation. The City Administrator or its duty authorized employees shall inspect all premises and places within the City of Andover as often as practicable to determine whether any condition described in this ordinance exists. The inspector shall investigate all reported wetland incidents. Section 9, Penalty. A General Notice will be given to any developer, builder, or property owner who fails to comply with the provisions of this ordinance. The Notice will state the following information: (1) The violation. (2) Items or work to be completed in order to comply. (3) Date work to be completed. Failure to comply with this Notice will result in a order to stop work on the site. Any person (firm or corporation) who violates any section of this ordinance or shall obstruct staff or their representatives from carrying out their duties, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by State Law. Adopted by the City Council ofthe City of Andover on this 16th day of Ju1v, 1996. CITY OF ANDOVER 4 ATTEST: Victoria Volk, City Clerk Amended 250B, 11/20101 1. E. McKelvey, Mayor 5