Subsection 350.1100 - WETLANDS
350.1101 Establishing Wetland Areas and Regulations and Provision for Fees.
350.1105 Purpose and Definition for Wetlands. The City Council of Mound finds that there are wetlands within the City which, as part of the ecosystem, are critical to the health, safety and welfare of the land, animals and people within the City. Definition for wetlands, "Areas with water standing within 18 inches below, at or above the soil surface for significant portions of most years, with soils identified on soil maps and reports as organic, alluvial, marsh, muck, peat, water or very poorly drained, or with aquatic or semi-aquatic vegetation dominant." These wetlands, if preserved and maintained, constitute important physical, aesthetic, recreational and economic assets for existing and future residents of the City. Therefore, the purposes of this district are:
Subd. 1. To provide for the protection, preservation, proper maintenance and use of specified wetlands.
Subd. 2. To minimize the disturbance to them as to prevent damage from excessive sedimentation, eutrophication or pollution.
Subd. 3. To prevent loss of fish and other aquatic organisms, wildlife and vegetation and the habitats of the same.
Subd. 4. To provide for the protection of the City's fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement.
Subd. 5. To reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding and prevent loss of life, property damage and the losses and risks associated with flood conditions.
Subd. 6. To preserve the location, character and extent of natural drainage courses.
350.1110 Authority for Wetlands. Pursuant to Minnesota Statutes, Section 462,357, 459.20, 378.31, Subd. 11, and Chapter 105, the City of Mound does adopt district boundaries and a map showing said wetland boundaries; and regulations and controls for all designated wetlands within the City.
350.1115 Boundaries for Wetlands. The wetlands as hereinafter defined shall apply to wetland areas which are specifically delineated on the Official Wetlands Map of the City of Mound which is attached hereto and adopted as a part of this ordinance. For the purposes of determining the application of this wetlands ordinance to any particular parcel of land or water, the above reference map and accompanying table listing the Ordinary High Water mark and water elevation shall be on file in the office of the City Manager and shall be available for inspection and copying.
350.1120 Wetland Permits. Except as hereinafter provided in this ordinance, no person shall perform any development in a wetland without first having obtained a wetland permit (hereinafter referred to as "Permit") from the City of Mound. Development shall include the construction, installation or alteration of any structure; the clearing or altering of vegetation or land and the division of land into two or more parcels.
Subd. 1. Permit Exceptions. The permit requirement established by this ordinance shall not apply to:
A. Emergency work necessary to preserve life or property. When emergency work is performed under this section the person performing it shall report the pertinent facts relating to the work to the City Manager prior to the commencement of work. The City Manager shall review the facts and determine whether an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. A person commencing emergency work shall, within ten days following the commencement of that activity, apply for the issuance of a Permit. The issuance thereof, may require the permittee to perform such work as is determined to be reasonably necessary to correct any impairment to the wetland occasioned by such work.
B. The repair or maintenance of any lawful use of land existing on the date of adoption of this ordinance.
Subd. 2. Application for Processing of Permit.
A. A separate application for a Permit shall be made to the City of Mound for each development activity for which a Permit is required. Only one application need be made for two or more such acts which are to be done simultaneously on the same parcel. The application shall include a map of the site, a plan of the proposed development and the estimated cost of development. Other engineering data such as surveys and other descriptive information are also required. In order to determine the effects of such development on the wetland, the City Council may require additional information including but not limited to the following:
1. A specific description of the type, amount and location of the development.
2. A description of the ecological characteristics of the wetland.
3. A conservation plan describing actions to be taken to mitigate any detrimental effects of development.
4. Maps and data on soils, water table and flood capacity of the wetland.
When the proposed development includes the construction or alterations of a structure, two sets of plans thereof shall be submitted with the application.
B. The permit application shall be processed according to the procedures specified in Subsection 350.525 of the Zoning Ordinance which pertains to processing of conditional use permits. The Permit may be processed at the same time and in connection with the processing of an application for a building permit or any other permit required by ordinance of the City of Mound.
Subd. 3. Permit Standards. No permit shall be issued unless the City of Mound finds and determines that the proposed development complies with the following standards:
A. Filling. A minimum amount of filling may be allowed when necessary but in no case shall the following restrictions on total amount of filling be exceeded. Since the total amount of filling which can be permitted is limited, the city, when considering Permit applications, shall consider the equal apportionment of fill opportunity to riparian land owners.
1. Total filling shall not cause the total natural flood storage capacity of the wetland to fall below the projected volume of runoff from the whole developed wetland watershed generated by a six (6) inch rainfall in twenty-four (24) hours.
2. Only fill free of chemical pollutants and organic wastes may be used.
3. Wetlands shall not be used for solid waste disposal.
B. Dredging. Dredging may be allowed only when a boat channel is required for access to a navigable lake, for a marina or when it will not have a substantial or significantly adverse effect upon the ecological and hydrological characteristics of the wetland. Dredging, when allowed, shall be limited as follows:
1. It shall be located so as to maximize the activity in the areas of lowest vegetation density.
2. It shall not significantly change the water flow characteristics.
3. The size of the dredged area shall be limited to the absolute minimum.
4. Disposal of the dredged material shall not result in a significant change in the current flow, or in a substantial destruction of vegetation, fish spawning areas or water pollution.
5. Work in the wetland will not be performed during the breeding season of waterfowl or fish spawning season.
6. Only one boat channel or marina shall be allowed per large scale development.
7. In other residential developments, dredging shall be located so as to provide for the use of boats, channels and marinas by two or more adjacent property owners.
8. The width of the boat channel to be dredged shall be no more than the minimum required for the safe operation of boats at minimum operating speed.
C. Discharges.
1. No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than 150 feet from the normal high water mark unless it is proven by the applicant that no effluent will immediately or gradually reach the wetland because of existing characteristics of the site or system.
2. Organic waste which would normally be disposed of at a solid waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be directly or indirectly discharged to the wetland.
3. Stormwater runoff from construction sites may be directed to the wetland only when substantially free of silt, debris and chemical pollutants and only at rates which will not disturb vegetation or increase turbidity.
D. Building Constraints.
1. The lowest floor level or basement elevation shall be at least three feet above the ordinary high water level of the wetlands.
2. Development which will result in unusual road maintenance costs or utility line breakages due to said limitations, including high frost action shall not be permitted.
E. Vegetation. No wetland vegetation may be removed or altered except that which is reasonably required for the placement of structures and use of property.
Subd. 4. Permit Conditions. A permit may be approved subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to insure compliance with the requirements contained in this district. Such conditions may include but are not limited to the following:
A. Limitation of the size, kind or character of the proposed work.
B. Require the construction of other structures.
C. Require replacement of vegetation.
D. Establish required monitoring procedures and maintenance activity.
E. Stage work over time.
F. Require the alteration of the site design to ensure buffering.
G. Require the provision of a performance bond.
H. Require the conveyance to the City of Mound or another public entity of certain lands or interest therein.
The dimensional requirements of the underlying zoning district(s) may be modified in furtherance of the purpose of this ordinance by express condition contained in the Permit.
Subd. 5. Time of Permit. A permittee shall begin the work authorized by the Permit within sixty (60) days from the date of issuance of the Permit unless a different date for the commencement of work is set forth in the Permit. The permittee shall complete the work authorized by the Permit within the time limits specified in the Permit which in no event shall exceed more than twelve (12) months from the date of issuance. The permittee shall notify the Building official at least twenty-four (24) hours prior to commencement of work.
Should the work not be commenced as specified herein, the Permit shall become void.
A. Permit Extensions. If, prior to the date established for commencement of work, the permittee makes written request to the City Manager or his designated agent for an extension of time to commence the work, setting forth the reasons for the required extension, the administrator may grant such extension.
B. Permit Renewals. A permit which has become void may be renewed at the discretion of the City Council upon payment of a renewal fee. If the City Council does not grant such renewal a Permit for such work may be granted only upon compliance with the procedures herein established for an original application.
C. Notice of Completion. A permittee shall notify the City Manager or his designated agent in writing when he has finished the work. No work shall be deemed to have been completed until approved in writing by the City Manager or his designated agent following such written notification.
D. Inspections. The City may require inspections of the work to be made periodically during the course thereof by a member of the City of Mound staff and shall cause a final inspection to be made following the completion of the work. The permittee shall assist the administrator in making such inspections.
350.1121 Wetland Buffers. When a site is proposed to develop or redevelop in a manner that requires a Major Subdivision, as defined by City code Section 330, a natural wetland buffer shall be provided. The minimum buffer width along a wetland or replacement wetland within each lot may range from 50 to 150 percent of the requirement in order to provide flexibility and encourage a natural appearance.
Subd. 1. Wetland Buffer Widths
Wetland Size (Ac) Buffer Width (ft)
0 – 1.0 16.5
1 – 2.5 20
2.5 – 5.0 25
> 5.0 35
Subd. 2. Setbacks. All structures, roadways, driveways and parking areas must be located outside of the required buffer. Exceptions to the setback include stairways, walkways and trails.
Subd. 3. Protection of Wetland Buffers. Wetland buffers can be established by preserving existing nature vegetation, supplementing existing vegetation, or replanting the buffer with native vegetation. The wetland buffer shall be left un-maintained, except when burning to promote its continued health. A delineation of both wetland and buffer edges shall be established through the use of monument markers as approved by the City.
(ORD 06-2002, 7/7/02)
350.1125 Responsibility; Effect - Wetlands.
Subd. 1. Responsibility. Neither the issuance of a Permit nor compliance with the conditions thereof, nor compliance with the provisions of this ordinance shall relieve any persons from any responsibility otherwise imposed by law for damage to persons or property. The issuance of any permit hereunder shall not serve to impose any liability on the City of Mound or its officers or employees for injury or damage to persons or property. A Permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance.
Subd. 2. Special Assessment. The land within a designated wetlands district area for which a developer or other restrictive easement is conveyed to the City shall not be subject to special assessments levied by the City to pay the costs of public water, sewer, curb, gutter or other public municipal improvements for which such assessments are authorized pursuant to Minnesota Statutes Chapter 429.
Subd. 3. Variance. The City Council may authorize in specific cases following appeal and hearing a variance from the provisions of this ordinance where the literal application of the ordinance would result in substantial inequitable hardship to an applicant property owner. In assessing hardship the City Council shall balance the severity of the physical, social and economic effects of the literal application against the interests of the City in effecting the purposes of this ordinance as expressed above. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. No variance may be granted which would allow any use that is prohibited in the zoning district in which the subject property is located. A variance shall be granted in writing accompanied by specific findings of fact as to the necessity for the granting of the variance and its specific provisions. A variance request shall be processed in accordance with the provisions of Subsection 350.530 of the Mound City Zoning Ordinance.
350.1130 Fees. The City Council may establish by resolution fees for rezonings, variances, permits, conditional use permits, special permits or other actions requiring administrative time or public expenditures under any section of the zoning ordinance.