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Home My WebLink About0786 Ord (Wetland Conservaiton)~ ORDINANCE NO. ~$b AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADOPTING A WETLAND CONSERVATION ORDINANCE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: ARTICLE I. Addincr. The Stillwater City Code is amended by adding Chd~Jt2Y' 5 that shall hereafter read as follows: Subd. 1. Purpose. This ordinance is adopted to implement the Wetland Conservation Act of 1991 (Minnesota Laws 1991 Chapter 354, as amended) "the Act", and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minn. Rules Chapter 8420, as amended) "the Rules". Subd. 2. Incorporation by Reference. This ordinance incorporates by reference the Acts and Rules. Terms used in this ordinance which are defined in the Act or the Rules have the meanings given there. Subd. 3. Scope. This ordinance regulates the draining and filling of wetlands and parts of wetlands within the City of Stillwater. It is part of the official controls of the City of Stillwater. Conflicts with other official controls must be resolved in favor of providing the most wetland protection. Subd. 4. Procedures. 1. Exemption and no-loss determinations. Exemption and no-loss determinations under Minn. Rules part 8420.0210 and .0220 shall be made by the Community Development Director. The Community Development Director should seek the advice of the technical evaluation panel which consists of a representative of the Washington County Soil and Water Conservation District and the Regional Area Hydrologist Department of Natural Resources on questions of wetland delineation and type. The Community Development Director's decision is final unless appealed to the board of adjustment within 30 days. 2. Sequencing and replacement plan decisions. Sequencing and replacement plan decisions under Minnesota Rule part 8420.0520 - .0550 shall be made following the same procedures as for conditional use permits plus the additional notice and time requirements of part 8420.0230. If the amount of wetland to be drained or filled is less than one-tenth of an acre, the sequencing determination under Minn. Rule part 8420.0520 shall be made by the Community Development Director. 3. Monitoring. The Community Development Director shall assure that the replacement plan monitoring and enforcement requirements of Minnesota Rule part 9420.0600 - .0630 are fulfilled. 4. Wetland banking. Wetlands may be restored or created within the City of Stillwater for purposes of deposit of the wetland bank in accordance with Minnesota Rules parts 8420.0700 - .0760. The Community Development Director is responsible for approving bank plans, certifying deposits and monitoring of banked wetlands and enforcement under the rules. 5. Appeals. Decisions made under this ordinance may be appealed to the board of water and soil resources under Minnesota Rules part 8420.0250, after administrative appeal rights under the official controls have been exhausted. 6. Variances. The board of adjustments may issue variances from the official controls of the City of Stillwater so long as the variances provided the • board follows the procedures and standards set forth in the zoning ordinance for the hearing and granting of variances. ,~ 7. Technical Evaluation Panel. The City of Stillwater shall appoint one person to serve on the technical panel. The person must be a technical professional with expertise in water resources management. Decisions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, locations, size and type if the decision-maker, landowner or a member of the technical panel asks for determination. This requirement does not apply to wetlands for which data is included in an approved comprehensive wetland management plan pursuant to Minnesota Rules part 8420.0240. The Community Development Director shall seek and consider recommendations of the technical evaluation panel in making replacement plan decisions. Subd. 5. Hiah Priority Areas. Decisions regarding sequencing, replacement plans and banking shall particularly favor preservation, restoration and creation of wetlands in high priority areas as identified in water management plans pursuant to Minnesota Rules part 8420.0350. Subd. 6. Deleaation. The City of Stillwater may by joint powers agreement delegate to the soil and water conservation district under Minnesota Statutes Section 471.59 and 103C.331, subd. 19, the authority to administer all or any part of this ordinance. Article II. Savina. In all other ways, the City Code shall remain in full force and effect. Article III. Publication. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 5th day of April 1994. ATTEST: Morli Weldon, ity Clerk Pualshed in Gazette April 25, 1994 Charles M. Hooley, Mayor Aflfldavlt of Publloation sTILLWATER EVENINf3 GAZETTE STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) Mike Mahoney, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazette, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with ell of the requirements constituting qualffleation as a quali- fied newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and otMr applicable laws, es amended. (g)n1ep,;n~ Ordinance No. 786 which is attached was cut horn tlts columns of said newspaper, and was printed and publshed once each week, for I successive d~yYnweeks; it was first published on ~p n ,the ~ ~i t h _ day of ~R r i 1 ,19_Q~, and was thernfter printed and pubNsMd on every MOn . b and including the ~ F t h day of 0 n r i 1 , 19,1 '• and printed below is a copy of the lower esw alphabet ham A to 2, both indusiw, which is hereby acknowledged as being the size and kind of type used in tl» composition and pubNkxt<tlon of tl» notfes: ~-- abodefghijklnrapgrstuvwxyz Subscribed and sworn b before n» on this BY:~ tL~"cam ~i.~L L-t~~ TRLE: Publisher ~~ 2bt ~ ~y ~ AT r i 1 .19_9._4 v~-C Notary Public RATE INFORMATION .. Evening Gazette, April 25,1994 ORDINANCE N0.788 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADOPT1NCi A WETLAND CONSERVATION ORDINANCE THE CRY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: ARTICLE I. Addin .The Stillwater Ciry Code is amended ng Chapter 59 that shall hereafter read as follows: Subd. t. Pu e. This ordinance is adopted ro im ement a Wetland. Conserva_ lion Act of t99t (Minnesota Laws 7991 Chap- ter 354, as amended) "the Act". and the ac- companying rules of the Minnesota Board of Water and Sal. Resources (Minn. Rules Chap. ter 8420, as amended) "the Rules". Subd. 2. InCOr oration b References. This ordinance ncorporates re rence ( Acts and Rules. Terms used in this ordinance which are defined in the Act or the Rules have themeanings given there. Subd. 3.~This ordinance regulates the draining tnp,bf wetlands and parts; of wetlands within the Cily of Stlllwtiter. tit is part ` of the offidaf trort[rols of the City of Stlihaater. Conflicts with other offidel controls must be re- solved in favor of providing the most wetland protection. Subd. 4. Procedures 1. Exemption and r~-bss determinat~ns. E)C- emption and no-loss determinations under '' Mirin. Rules pert 8420.021A grid :~70' shall be-made by the CommtmityUevelop-"° ment Director. The Community pevelop_ meat Director should seek the advice of the technical evaluation paneFwhich con. aisle of a representative of the Washington County So11 and Water Conservatlon pis- . trio and the Regional Area Hydroktpist peparnnent of Natural .Resources on questions of wetland delineatlon and type; The Community Development Directors dedsion iq tinai :unless. appealed- tp ~ ;: board of adjuetrnarn wllhin 30 days. 2 Sequendng and repl~ement plan dad. lions. Sequencing and rePiacement plan dedsions under bknnesota Rule part 8420 0 ~,,,, o; .e ~ ELEANOR E. "r NOTARY PUBLIC - ~ ~ WASHINGTON ` .``{ ;t ray ~miseion Expir (t) Lowest claaaified rats paid by eommerdal users for oomperabie space t 3 5 • 98 (Line, word, or inch rats) (2) Maximum rats allowed by law for the above matter = (line, word, or inch raU) (3) Rate actualy charged for the above matter : 3 5 . 9 8 (Line, word, or inch rats) Received Payment . 19_ STILLWATER EVENiNO GAZETTE By . 520 • .0550 shall be made following the same procedures as for cortdltlonal use permits plus .the additlonal noOke and time requirements of part 8420.0230. If the amount of wetland ro be drained or ftlled la less than one-tenth of an acre, the se- quencing determination under Minn. Rule part 8420.0520 shall be made by the Com- munity Development Director. 3• Monitorin9• The Community Development Director shall assure that the replacement Plan monitoring and enforcement require- ments of Minnesota Rule part 9420.A600 _ •0830 are fulfilled. 4. Wetland banking. Wetlands may be re- stored or created within the Ciry of Stiilwa- ter for purposes of deposit of the wetland ~~ banknnn as;cordance with Minnesota Rules parts 8420.0700 • .0760. The Community Development Director is responsible for approving bank plans, certlfytng deposits and monitoring of banked wetlands are enforcement under, the. rules, 5. Appeals. Decisions made under this ordi- Hance may be appealed to the board of water and soil resources under bftnnesota Rules part 8420.0250, after administrative appeal rights under the official controls have been exhausted. 6. Variances. The board of adjustments. may issue variances from the official controls of the City of Stillwater so long as the vari- ances provided the board folk>ws the pro- cedure and standards set forth in the zon- ing ordinance for the hearing and granting of variances. ~. t ecnntcel tvatuatan renal. t ne Ciry of Stillwater shall appoint one peroat ro serve on the technical panel. The person must be a technical professional with ex- pertise in water resburoes itii~agartrsrtt. Deasions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wet- land public values, locations, size and type if the deasion-maker, landowner or a member of the technical panel asks for determination. ` Thia requirement dose not apply to wetlands for which data is included to an approved corn- prehensive wetland management plan pursu- ant to Minnesota Rules part 8420.0240. The Communittyy Development Director shall seek and oortsider racomrtendationa of the technical evaluation panel in mak(rp replace-` merit plan decisions. Subd. 5. Hi h Priori Areas: Decisions re- garding aequenc rig, rep aoerrant plans and banking aftall part~ularly favor preservation, restoration and creation of wetlands in high priority areas as identified in water manage- ment plans pursuant in Minnesota Rules pert .8420.0390: Subd. 6. Delegatlon. The Ciry of Stillwater may by joint powers agreement delegate ro the soil and water conservation. dlatria under Minnesota Statutes Ssctlon 471.59 and 7030.3$1, subd. 19; the authority to adminis- terall or any part of this ordinance. Article Ii. Saving_ In all other ways, the City Code she re in full force and effect. Article III. Publication. This Ordinarroe shall be in full force awe ect from and after its pas- sage and publication according to law. Adopted by the City Council of the City of Stlltwater this 5th day of A ril 1994. /s/ Charles M. Hooley Charles M. Hooley, Mayor ATTEST: /a/ Morli Weldon Morli Wekfon, CityClerk 4/25