§ 152.57 PROTECTIVE BUFFER ZONE.
   (A)   Scope of application. This section shall apply to any property included within any plat for which an application therefor was filed on or after the effective date of this section or for which an NRMP application was filed on or after the effective date of this section. This section shall not apply to any of the following:
      (1)   Structures located within a protective buffer zone on the effective date of this section or the remodeling, reconstruction or replacement of the structures provided that it does not take up additional land within the protective 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; or
      (4)   The land-disturbing activity for which the NRMP application is submitted causes no surface water runoff from the subject property to discharge toward any abutting water body or the project for which the NRMP is issued does not create more than 0.2 acres of new impervious surface.
   (B)   Protective buffer zone required. A protective buffer zone shall be established and maintained with a minimum required width consisting of the area between the line delineating the water body edge and a line parallel to and upland the following feet from the water body edge:
      (1)   16.5 feet for properties abutting Alimagnet, Lac Lavon, Long, Keller and Farquar Lakes;
      (2)   16.5 feet for any stormwater pond that was not constructed within or upon a pre-existing or altered pre-existing wetland, regardless if the water body may have wetland characteristics; or
      (3)   For any natural wetland or replacement wetland, the buffer width shall be as identified and set forth on the city’s wetland map on file with the city’s Public Works Department; for any natural wetland or replacement wetland that is not identified on the city’s wetland map, the buffer width shall be as set forth in the city’s October 25, 2007 SWMP in accordance with the wetland’s management classification and ranking as determined by the standards in the city’s SWMP. Notwithstanding the foregoing buffer width requirements, in the case of a subdivision of land and an existing principal residential structure is proposed to remain on one of the newly subdivided lots, the buffer width on the lot with the existing principal structure may be limited to 16.5, however, if there is at any time any land disturbing activity requiring an NRMP on the lot with the existing principal structure, then the buffer width shall comply with the above prescribed widths.
   (C)   On all public and private property which abuts any water body for which a protective buffer zone is required under this chapter, a protective buffer zone shall be preserved or established and maintained in accordance with the following requirements:
      (1)   When a natural resources management plan is required, all proposed buffer zones shall be shown on the plan;
      (2)   Any buffer zone that is to be preserved or established shall have approved erosion and sediment control measures installed and inspected prior to any land disturbing activity;
      (3)   Vegetation within the buffer shall be established as follows:
         (a)   Where a continuous growth of perennial vegetation exists that has been confirmed by city inspection, such vegetation shall be retained as the buffer with protective measures in place to prevent disturbance during construction with the following exceptions:
            1.   Where erosion problems exist, correction of the problem shall be required, and the method thereof, as approved by the city within the affected segment of the buffer. Permanent stabilization of the impacted area must meet the requirements for new buffer establishment; and
            2.   Where the existing vegetation contains weeds and rank vegetation, such vegetation shall be removed as required by the city. Following removal, permanent stabilization of the impacted area must meet the requirements for new buffer establishment;
         (b)   When the existing vegetation in the buffer zone at the time of establishing the buffer is not a continuous growth of perennial vegetation that has been confirmed and approved by city inspection, a native plant buffer shall be established as approved by the city. The buffer establishment plan shall include a listing of plants to be installed or seed mix used, method of installation, provision for replanting or seeding where establishment does not take, a diagram of the planting scheme if varied within the buffer, a listing of all materials used, and an erosion and sediment control plan; and
         (c)   Erosion and sediment control measures shall be maintained until land disturbing activities are complete and all disturbed areas are permanently stabilized;
      (4)   A security shall be required and remain on deposit with the city until it is determined by the city that the buffer has been permanently established according to the provisions of this chapter for a period of no less than 18 months or two growing seasons after installation; establishment of a cover crop for temporary erosion control purposes shall not constitute a successful permanent establishment;
      (5)   When platting, the plat shall show any water body edge as approved by the city; and
      (6)   The protective buffer zone shall be memorialized in perpetuity by a written document approved by the city and a certified survey of the lot, which shall be recorded at the Dakota County Recorder’s Office against the property by the property owner and which shall establish the location of the buffer(s), restrictions, allowances, any permitted trail, and any management requirements.
   (D)   Buffer restrictions. The owner or occupant of any property which has a protective buffer zone established thereon shall not conduct or permit any of the following activities within the protective buffer zone:
      (1)   Vegetation alteration, including but not limited to: clear-cutting, mowing, burning, introduction of non-native species, plowing, cutting, grazing, pesticide application, fertilizer application, or cultivation, unless it meets standards for allowable activities and is approved in writing by the city;
      (2)   Topographic alteration, including but not limited to grading, filling, excavation and extractions;
      (3)   Construction, placement or installation of any structure, including retaining walls, or impervious surface;
      (4)   Dumping or disposing of any material, including but not limited to yard waste, garbage, soil, mulches; or
      (5)   Installation of beaches, rocks, or boulders.
   (E)   Activities allowed within the buffer area upon written approval from the city include the following:
      (1)   Removal of noxious weeds and rank vegetation as defined by the city or plants on state or county noxious weeds lists by pulling, mechanical control, biological control, or spot herbicide treatments;
      (2)   Removal of diseased plants or limbs, or plants or limbs that cause a hazard;
      (3)   Mowing, burning, fertilizer application, and pesticide application to manage and maintain a healthy native plant community as approved by the city;
      (4)   Native plantings that enhance the buffer;
      (5)   Activities included within an approved wetland replacement plan;
      (6)   Multi-purpose trails provided the following are met:
         (a)   The trail shall be a pervious surface and consist of non-polluting materials;
         (b)   A minimum of ten feet of buffer is maintained between the trail and the edge of the water body;
         (c)   The minimum impact alignment is used for trails that cross water bodies;
         (d)   The area of the buffer impacted by the trail and any associated maintained shoulders shall be replaced by adding the total square footage of the trail and associated shoulders thereof within the buffer zone to the width of the buffer that is otherwise required;
         (e)   Any impacts to wetlands or public waters comply with applicable state and local regulations;
         (f)   Installation of the trail is in compliance with other provisions of the code, including but not limited to floodplain control;
         (g)   No established agreement exists, including but not limited to conservation easements, that otherwise restricts or prohibits trail installation or other alterations; and
         (h)   The functions of the buffer to prevent erosion and treat stormwater runoff prior to entering the adjacent water body are preserved; stormwater flowing toward the trail is treated prior to entering the adjacent water body;
      (7)   Beaches on Alimagnet, Long, Farquar, Lac Lavon, and Keller Lakes are permitted, provided the following requirements are met:
         (a)   The created beach extends no more than half the length of the shoreline, not to exceed fifty feet, with an upland encroachment of no more than fifteen feet from the water body edge as defined within this chapter;
         (b)   Sand installed is clean and weed free;
         (c)   Design is such that no barrier is installed as to prohibit infiltration into the subsoil;
         (d)   The functions of the buffer to prevent erosion and treat stormwater flows prior to entering the adjacent water body are preserved; stormwater flowing toward the beach is treated prior to entering the lake;
         (e)   The area of buffer impacted by beach installation is replaced elsewhere along the water body edge and memorialized;
         (f)   Sand applications occur no more than once every four years;
         (g)   The beach is not placed within a wetland or otherwise causes the conversion of wetland to non-wetland;
         (h)   Any alterations, including but not limited to sand applications, below the OHW or NWL comply with state requirements;
         (i)   No established agreement exists, including but not limited to conservation easements, that otherwise restricts or prohibits beach installation or other alterations; and
         (j)   Compliance with other provisions of the Code, including but not limited to floodplain control;
      (8)   Use and maintenance of an unimproved access strip not more than ten feet in width that uses the minimum impact alignment; and
      (9)   Land disturbing activity that is proposed outside of any established buffer zone which may impact the buffer zone and/or water body shall be approved by the city before the activity begins.
   (F)   Protective buffer zone identified. The upland boundary line of the buffer zone shall be identified by permanent markers, which have been approved by the city, at each lot line, and one at every 50-foot interval. All markers shall be correctly installed prior to the issuance of any NRMP.
(Ord. 633, passed 10-9-97; Am. Ord. 712, passed 4-25-02; Am. Ord. 864, passed 6-11-09)