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Whenever, within one year after granting a variance or appeal the terms as permitted by the variance or appeal shall not have been completed, then the variance or appeal shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance or appeal. The petition shall be presented to the Planning Commission for recommendation and to the City Council for a decision, and shall be requested only one time on a singular action.
(Ord. 199, passed 2-7-2000)
(A) The City Council shall have the authority to require a performance bond, or other securities, when it is deemed necessary and appropriate.
(B) Except in the case of non-income producing residential property, upon approval of a variance or appeal, the city may be provided with a surety bond, cash escrow certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the variance or appeal, and the ordinances of the city.
(C) The security may be in the amount of the City Council’s estimated costs of labor and materials for the proposed improvements or development.
(D) The city may hold the security until completion of the proposed improvements or development, and a certificate of occupancy indicating compliance with the variance or appeal, and ordinances of the city, has been issued by the City Zoning Administrator.
(E) Failure to comply with the conditions of the variance or appeal, and/or ordinances of the city, may result in forfeiture of the security.
(Ord. 199, passed 2-7-2000)
WETLANDS DISTRICT
(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The city of Braham, or city designated county and state agencies.
WETLAND(S). 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 three of the following attributes:
(1) A predominance of hydric soils;
(2) 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
(3) Under normal circumstances, support a prevalence of such vegetation.
WETLAND BUFFER STRIPS. An area of vegetated ground cover abutting a wetland that, either in its natural condition or through intervention, has the characteristics identified in division (A) of this section. This includes areas identified as drainage/utility easements and/or Flood Zones as identified in §§ 152.01 through 152.13 of this code.
(B) The city has determined that wetlands serve to maintain water quality by filtering water that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their inorganic to organic forms, thereby, protecting streams and water bodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support more stable biological communities since their water temperatures and water levels tend to be more stable.
(C) Wetland vegetation also reduces the energy of waves, currents, and other erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food, shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources.
(D) The city has also found that wetlands vary significantly in the degree that they have been altered. Wetlands within the city exhibit great variations in their floral diversity, quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the city has determined that it is necessary and beneficial to classify wetlands based upon their functions and values. The city has also found that it is in the best interest of the general health and welfare of the city to achieve no net loss of wetlands within the community.
(E) The city recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the city finds it necessary to require extraordinary measures to prevent such construction-related degradation.
(F) In addition to having regulations that affect the physical impacts within wetland areas the city also finds that it is necessary to regulate the use of lands surrounding wetlands. Wetland buffer strips (as defined by division (A)), are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Wetland buffer strips are also beneficial in providing habitat for wildlife.
(G) This subchapter hereby incorporates by reference the Wetlands Conservation Act of 1991, being M. S. §§ 103G.221 et seq., as it may be amended from time to time, herein after referred to as the WCA, and any future amendments adopted by the legislature. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this subchapter, insofar as they relate to the WCA. All wetlands, as defined in division (A) of this section, including those governed by the Department of Natural Resources, are covered by the provisions of this subchapter. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable, and in circumstances that meet the established criteria, departures from the strict application of these standards may be permitted.
(H) It is the intent of this subchapter to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland, in accordance with the wetland replacement plan requirements outlined in division (A) of this section.
(Ord. 290, passed 7-7-2020)
(A) Through the adoption and enforcement of this subchapter, the city shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this subchapter, the city seeks to accomplish the following purposes:
(1) To satisfy the requirements of the WCA as it may be amended and, thereby achieve no net loss of wetlands within the city;
(2) To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the city;
(3) To preserve the natural character of the landscape through the maintenance of wetland ecosystems;
(4) To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and
(5) To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the city.
(B) To accomplish these purposes, the city or county will:
(1) Maintain an inventory of all wetlands within the city/county;
(2) Maintain a system of classification for wetlands within the city and classify the city’s wetlands based upon their relative values related to floral diversity, wildlife habitat, water quality protection, fishery habitat, flood storage, shoreline protection, and aesthetic, recreational and education benefits;
(3) Prepare and maintain a comprehensive set of official maps identifying the location and classification of all wetlands within the city;
(4) Establish wetland regulations that are coordinated with flood plain and shoreland protection regulations;
(5) Require sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community;
(6) Enforce standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs;
(7) Obtain protective easements over or acquire fee title to wetlands as appropriate; and
(8) Develop and maintain a program to educate the public about the numerous benefits and features that wetlands provide and the adverse effects of improperly managed urban development on wetlands.
(Ord. 290, passed 7-7-2020)
(A) This subchapter shall apply to all land containing wetlands and land within the buffer strip and setback areas required by this subchapter. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.
(B) A wetland is land that meets the definition of “wetlands” as set forth in § 154.415(A) of this subchapter. Wetlands shall be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987) and regional supplements if available. Wetlands have been or will be identified and the wetland classification as maintained by the county as evidence of the location and classification of a wetland. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this subchapter is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of this subchapter. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the city. It will be the responsibility of the property owner to pay for all the city’s fees associated with delineation, including but not limited to technical fees, engineering costs and legal fees. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including but not limited to, topographic, hydrologic, floristic and soil data deemed necessary by the city to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources.
(C) Only that portion of a property within the boundaries of a wetland and its required buffer strip and setback shall be subject to the provisions of this subchapter.
(D) This section establishes wetland classifications as defined in § 154.415(A) of this subchapter.
(Ord. 290, passed 7-7-2020)
The following standards apply to all lands containing or abutting a wetland:
(A) Septic and soil absorption systems must be set back per state statute.
(B) The lowest ground floor elevation shall be two feet above the 100-year flood elevation.
(C) Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations.
(D) The MPCA’s Best Management Practices and Minnesota Storm Water Manual, as applicable, shall be followed to avoid erosion and sedimentation during the construction process.
(E) Before the city issues a building permit for a lot with a required wetland buffer strip, the lot owner shall install the wetland buffer monumentation required by § 154.421 of this code.
(F) Wetlands and their required buffer strips, as required by § 154.419 of this code, shall be kept free of impervious surfaces excluding public roads and trails, and of any structures and features, including but not limited to fences and play equipment.
(G) Wetlands and their required buffer strips, as required by § 154.419 of this code, shall not be used for filling or dumping.
(H) Wetlands and their required buffer strips, as required by § 154.419 of this code, shall not be used for outside storage of household or personal items, lawn equipment, furniture, firewood, parts, yard waste, and the like.
(I) In cases where a site is not subject to the wetland buffer strips and setbacks required by § 154.419 of this code, buildings, swimming pools, patios, decks, retaining walls, drive aisles, and parking lots shall not be located in the wetland.
(Ord. 290, passed 7-7-2020)
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