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HomeMy WebLinkAbout0869 Ord (Shoreland Management) II, (_ ~_ ,. ./ .. " or f ORDINANCE NO. 869 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 31 ZONING SUBD. 33, SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Stillwater does ordain: 1. The City Code is amended by adding a new Section 31, Sub. 33 (11) entitled Wetland Protection Natural Buffer Zone that will read as follows: II. Wetland protection natural buffer zone. (a) Scope of Application. This section applies to any property included within a subdivision or for property for which an application for a building permit was filed on or after the effective date of this section. This section does not apply to any of the following: (1) Structures located within a wetland buffer zone on the effective date of this section or the remodeling, reconstruction of these structures provided that the change does not occupy additional land within the wetland buffer zone. (2) The construction or maintenance of public drainage facilities or temporary erosion control improvements. (3) The construction or maintenance of public utilities, provided there is no other practical alternate location and measures are taken to minimize impact on the wetland buffer zone. (4) The construction or maintenance of public or private trails if the trail surface is not of impervious materials and the buffer zone is expanded, where possible, in width equal to the width of the trail corridor, including disturbed areas, (b) Wetland Buffer Zone Required. On all public and private property which abuts a wetland, a wetland buffer zone must be preserved or established and maintained in accordance with the following requirements: (1) "Wetland protective natural buffer zone" means the area between a line delineating the wetland edge and a line parallel to and upland one-half the distance of the required setback (from Natural Environmental Lakes - 75 feet, Recreational- 37.5 feet, General Development Lakes, unclassified water bodies or wetlands - 25 feet). For Brown's Creek or tributaries of Brown's Creek, the buffer zone is 100 feet from the middle of the creek. If a wetland is associated with the tributary, the required buffer area is 100 feet from the centerline of the tributary or creek or 25 feet beyond the edge of the wetland, which ever is greater. (2) The buffer zone must be maintained in its existing condition, however invasive species as identified by the City must be removed under direction from the City. (3) Any buffer zone that is disturbed must be reestablished with natural planting approved by the City. 1 If l . ,. ,.#' ..; ,- (4) A silt fence must be installed and maintained protecting the buffer zone before construction begins and not removed until all land disturbing activities are complete and disturbed areas reestablished. (5) All subdivision applications must have wetland delineated and buffer zones marked and required wetland building setbacks mapped. (6) All plats must show the wetland edge as approved by the City; and the wetland protective natural buffer zone. (7) The owner or occupant of any property abutting any wetlands may not conduct or permit any of the following activities within the wetland buffer zone; i. vegetation alteration, including moving or clear-cutting; ii. topographic alteration, including but not limited to grading, filing, excavation and extractions; iii. construction, placement or installation of any structure; iv. dumping or disposing of any material foreign to the natural state of the wetland. (8) Land disturbing activity that is proposed outside of any established wetland buffer zone which may impact the buffer zone or wetland, requires approval by the City Engineer before the activity begins. (9) The buffer zone must be placed in a conservation or open space easement or dedicated for conservation purposes. (c) Wetland Buffer Zone Identified. The wetland buffer zone must be identified by permanent markers, approved by the City; at each lot line, but in no case more than 300 feet apart. All markers must be correctly installed prior to final plat or subdivision approval. Enacted by the Stillwater City Council this 5th day of January, 1999. CITY OF STILL WATER ATTEST: ~ {d~4-- Moili eldon, Clerk Published Stillwater Gazette 01/11/99 2 . AFFIDAvrr OF PUBLICATION . ~tillluater <lebening <!9a;ette State of Minnesota PO Box 58, 102 S 2nd St. Slllwater, MN 55082; Phone 612/439/3130; FAX 612/439/4713 Mike Mahoney, being mly sworn, on oath says that he is the Pmlisher or authorized agent and eJ11>Ioyee of the pWIisher of the newspaper known as StIIwaler Evening Gazette, and has tul knowledge of the facts which are staled. A. The newspaper has oompIed with aI of the requirernerts consIIuting quaIIlcatlon as a quaIfied newspaper, as provided by Mimesota Statute 331A.02, 331A.07 and other appIcabIe laws, as amended. Printed below is a copy of the lower case ~ from A to Z. both irdJsive, which is hereby acknowledged as being the size and kind of typed used in the composIion and publcation of the notice. abcdef~mnop<JSluvwxyz By:~~ TIle: Pmlisher .:.1't:'ft....... _00'" /</ . ~ 'R TJ..vLfJ0} NotaJy Pubic . Received Payment , 19 Counly of Washington dayof J f) /7 19 19 00005872 1/13/99 BUSINESS NAME CI1Y OF STILLWATER 216 4TH. ST. N. STILLWATER, MN 55082 1.... t;'~.-" . {~!~_f~ V.l"';,'....;., . SHIRLEY 8. IVERSON f \. ) ) ss. ) Jml# Dale Pages No. of Docurnem; Total Arnounl Co! .# of Days Inches PubIshed ~nlDates of PWIication Unit Rate 12.5 1 Days Pub. ORDINANCE 869 AN ORDINANCE AMENDING THE CITI CODE CHAPTER 31 ZONING SUBD. 33, SHORELAND MANAGEMENT REGULATIONS 1/11 $3.71 $46.38 . Affidavit will be sent Upon Receipt of Check II Maximum rate per cokImn inch under Minnesota Law: $7.50 per 12-pica column. Total Amount $46.38 . EwringGall\l8..,....,11.1. ()RDIWICENO." AN. ORDINANCE AMENDING 114E CITY .. COD.I; CHAPTE.R31 ZONING SUBP. 33. . $I'1OFIELANP .MANAGEMENT REGULA. . TIONS . The City Council of the City 'of Stillwater dOes ordain: '. . I. The City Code is amended bY aOdin9 a new Section 31,. Subd. 33 (11) entitled~ f.rOlACliQl1 NAtural Buller Zone that will re8d as folloWs: IL . WetlaM protection natural buffer zone. (a) Scope of ApplicatiOn. ThiS sectiOn a()l>lies to anypropeltyil'lcludecl within a sUbdivi$io/lor for property for which an application fOr a building pennlt was filed on or aft6r the effective. dete of thl.s Iilection, This, section does. not apply ~any ~ ofthe folloWing: . ".., ,...' . <. 'i. ' (1) Structures located within a wetland buffer zone on the effective. date. of .thiSSection or the remodeling, reconstruction of these struc- tures provided that the change dOes not occu- py additional land within the wetland buffer zone. (2). The construction or rnail'ltenanceof pUb- lic drainage facilitieS or temporary erosion control improVE!ments. . . ' (3) The construction or maintenanCE! of pub- lic utilities, provided jhere is no other practical alternate location and measOres are taken to minimize impact on the wetland buffer zone. (4) . TM construction or ~intenanceof pub- lic or.private trails If the trail surface Is not of imperviouS materials and ,the buffer zone is expanded, where possible, .in widttl equal to the width of thetrallco!Ti(lor, including dis- tu~edareas. ." (b) " Wetland BUffer Zone Required. on all pub- lic and private property which abUlSe: wetland. a wetland bUff,er zone must be preserved or estilbliShed al'l(l maintained in accoroance with the folloWing requirements: (1) "Wetland protective nat\lralboffer zone" ~ns the area> betweeo a line delineating tMWetlandedge and a line parallel to and uplaqdone-half the. distance of the required sefb80k(frOmNatural Environmental Lakes.- 75feet,FlecrE!ational-.37.5 feet, General ~k)pfl'I9nt Lakes, unclassified water bOd" I~()l'wetlands - 25 feet). For BrQWl1'S Creek QtVlbutarles of. Brown's Creek, the. buffer Z~1$100 feet from the. middle of the creek. \f~twetland Is associated with the tribUtary, thel'equired buffer area is 100 feet from the centellihe of the tnbutaryOr creek ()r 25 feet beyond the edge of the wetland; which ever is greater. . ,'. ..... . . ,.'.. . (2) The buffer zone must be maintained In its existing condition, however jnv~ve species as identified. by the City must be removed under direction from the City: (3) Any bUller zone that isdistu~ed must be reesliallliShBd with natural plantll'\g approved bY the City. "'..... ..........._~"1lnd.lfIaln- ..... taloed protecting the butler zone before con- stNCtIon begins and not removed-until an land d\stUfblng actlVlttes are complete and dis- turbed areas (eestablished. (5) All subdivision applications mUst" have wetland delineatE!d and buffer zones riJali<ed and .required wetland building setbacks mapped. (6) ,AIi plalSmust show the wetland edge as approved by the City; and the wetland protec- tive natural buffer zone. (7) . The Owner, or occupant of. any property abutting any wetl~nds"'may not cOnduCt,Or . permit any of the following activities Within the wetland buffer zone: i. vegetati()n alteration, including movIng or clear cutting; .' ii. topographic alteration, including but not limited to grading,fillng, excavation and extractions; . Iii. construction, placement or installation of any structure; Iv. dumping or disposing of any material Ior- elgn to the naturai state of the wetland. (8) .. Land disturbing activity. that is proposed outside 01 any established wetland buffer zone which may impact the buffer zone or wetland, requires approval by! the City Engineer before the activity beginS; . (9) The buffer zone must be placed in a con- servation. or open space easement or .dedi- cated for conservation purposed. (c) Wet1andBuffer Zone Identified. The wet- land buffer zone must be identified by perma- nentmarkers' app~oved by theCity;.at each'IOt tine, boOn no case more than 300 feet apart. all markers must be correctly installed prior to final plat or subdivision approval. Enac;ted bY the Stillwater City Council this 5th day of January, 1999. . CITY OF STILLWATER Is/Jay L. Kimble Jay L Kimble, Mayor ATTEST: IslMorli Weldon. Morllweldo. n, ~. ... ..... 1/1 td.~ .