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01-12-1996• TO: PEGGY REICHERT, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT cc. Tom Hedges Ken Vraa TOM COLBERT, DIRECTOR DEPARTMENT OF PUBLIC WORKS FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: COMMENTS ON PROPOSED WETLAND BUFFER ORDINANCE DATE: JANUARY 12, 1996 As you may know, the Advisory Parks, Recreation, and Natural Resources Commission has requested and received approval from the City Council to proceed with development of a wetland buffer ordinance. Staff has drafted a "skeletal" buffer ordinance that deals with some of the major policy issues in such an ordinance, and the Natural Resources Subcommittee of the Commission has reviewed the draft and made several changes. Before sending the draft to the City Attorney's office to develop the ordinance framework, I wanted to forward a copy to you and ask for your comments and guidance. While I would appreciate any comments you have, I'd particularly like comments on the following: Is it advisable to have a variance provision and if so, is it not a good idea to establish guidelines within the ordinance that help staff and /or the City Council decide when the variance should be allowable? Under what conditions, if any, should the ordinance allow alteration activity within the buffer if the vegetation is restored to a natural condition? Should we incorporate any setback provisions for buildings and /or other structures in order to minimize the potential for future problems with encroachment? Is there anything else we should consider to make this ordinance understandable and enforceable? Where should the responsibility for establishment and enforcement of buffers lie within City government? If you could call me with comments by Monday January 22, I would appreciate it. If you think it would be a good idea to meet to discuss the issues, let me know and I'll be glad to set one up. Than for your input. / L / \ / Rich Brasch Water Resources Coordinator • • City of Eagan An Ordinance Relating to Establishment and Protection of Buffer Strips for Wetlands I. PURPOSE Wetlands help maintain water quality, reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this article to provide for the establishment and protection of upland buffer strips adjacent to certain types of wetlands in order to complement city and state regulations aimed at the preservation and conservation of wetlands and their attendant functions and values. II. DEFINITIONS (Novcmbcr 17, 1995 Draft) (January 12, 1996 Draft) A. Buffer strip means an area of non - disturbed ground cover abutting a wetland left undisturbed to filter sediment, materials, and chemicals. B. Class A Wetlands means wetland types 3, 4, 5, 6, 7, and 8. In case of wetlands adjoining a state protected water, this class shall also include type 1 and 2 wetlands. C. Class B Wetlands means type 1 and 2 wetlands not adjoining a state protected water. D. Natural, un- maintained vegetation means vegetation that exists prior to alteration of the site for development purposes and that is not cut, mowed, or removed. E. Vegetation, Native Native vegetation is the pre - settlement group of plant species native to the North American Continent which were not introduced as a result of European settlement. E. Wetland Types means classifications of wetlands defined in U.S. Department of Interior, Fish and Wildlife Service, Circular 39, "Wetlands of the U.S., 1956 ". F. Wetlands means 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 purposes of this definition, wetlands must have the following three attributes: a. have a predominance of hydric soils b. are 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 c. under normal circumstances prevalence of such vegetation. III. WETLAND BUFFER STRIPS AND SETBACKS For lots created after , 199_ (date of ordinance adoption), a buffer strip shall be maintained abutting all wetlands as described below. Buffer strip vegetation shall be preserved or established and maintained in accordance with the following requirements. Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the City. In residential subdivisions,�a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland edge. The buffer strips and structure setbacks shall meet the following standards: Wetland Class Buffer strip width (range) (minimum) ]Suffer Strip minimum average width Principle Ctructurc Cctback Class A Class B 10 :0 ft. 4-44 ft. 50 30 30 ft. 40 ft. Mca3urcd from thc out3idc cdgc of thc buffer strip support a 10 ft. 20 ft. 11 The dimcnoiono of thc buffer otrip3 may bc adju3tcd by thc City baocd upon thc quality of thc wetland, local topographic conditions, and thc type and dc3ign of thc development being prepeeed The table above provides minimum and maximum dimensions for the buffer strip as measured from the delineated wetland edge. The use of a meandering buffer strip to maintain a natural appearance is encouraged. On Single family oubdivi3ion3, thc applicant must dcmonotratc that each lot providc3 oufficicnt arca to accommodate thc applicable front yard 3ctback, a GO' x GO' dccp building pad, and a thirty (30) foot rear yard arca. All of three cicmcnt3 mu3t bc provided out3idc thc dc3ignatcd wetland and buffer Strip • IV. BUFFER RESTRICTIONS The following restrictions and requirements apply to activities within designated buffer areas: 1. Grading within the designated buffer areas is gcncrally prohibited. Exccptiono can be madc if thc grading io a000ciatcd with prcparation of thc buffcr otrip to change thc compooition of vegetation within thc buffcr otrip from predominantly non nativc to cntircly nativc. 2. To provide access to the shoreline, the City shall allow the owner or occupant of each shoreline lot to clear a path to the waters edge. The width of the path must not exceed 10% of the shoreline length of the property or 10 feet, whichever is more. V. IIARDBIIIP /VARIANCEC (Should we have a hardohip /variance