(A) This subchapter shall apply to all lands containing wetlands and lands within the setback and wetland buffer strips required. 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 is located. This subchapter establishes four wetland classifications as defined below:
(1) Wetlands, exceptional quality. Exceptional quality wetlands have an exceptional floral diversity and integrity function, based on the results of MnRAM. They contain an abundance of different plant species with dominance evenly spread among several species. These wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence of significant man-induced water level fluctuation.
(2) Wetlands, high quality. High quality wetlands have a high floral diversity and integrity function, based on the results of the most recent version of MnRAM, and are still generally in their natural state. They tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. They show little if any evidence of human influences resulting in higher levels of species diversity, wildlife habitat and ecological stability.
(3) Wetlands, moderate quality. Moderate quality wetlands have a moderate floral diversity and integrity function, based on the results of the most recent version of MnRAM. They have a slightly higher number of plant species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human influences; and therefore, tend to be of a higher aesthetic quality than low quality wetlands.
(4) Wetlands, low quality. Wetlands included in this category have a low floral diversity and integrity function, based on the most recent version of MnRAM, and have been substantially altered by agricultural or urban development that caused over-nitrification, soil erosion, sedimentation and water quality degradation. As a result of these factors these wetlands exhibit low levels of plant species diversity; overcrowding and dominance of such invasive species as reed canary grass and purple loosestrife; and related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline erosion. These wetlands do provide for water quality and were an important role in protecting water quality downstream.
(B) The presence or absence of a wetland on the National Wetlands Inventory Map (“Inventory Map”) 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 Inventory Map are still subject to the provisions of this subchapter.
(C) It is the responsibility of the applicant to determine whether a wetland exists on a subject property or within the setback from a wetland on an adjacent property. It is the responsibility of the applicant to delineate and document the wetland boundary of wetlands on the subject property in accordance with WCA requirements (“Wetland Delineation Report”) and to evaluate the wetland buffer strip in accordance with § 155.347 of this code (Wetland Buffer Strip Evaluation Report). The Wetland Delineation Report and Wetland Buffer Strip Evaluation Report shall be valid for a period of no more than three years from the date of the field delineation for these reports. An applicant shall not be required to delineate wetlands on adjacent property. However, an applicant shall be required to review available information, including but not limited to the National Wetlands Inventory Map, County Soil Survey Map, U.S. Fish and Wildlife Service Wetland Maps, and visual information such as the presence of wetland vegetation and hydro logic evidence which can be viewed from the subject property, to estimate the wetland boundary.
(D) Written documentation identifying the presence or absence of wetlands on the property, including all Wetland Delineation Reports and Wetland Buffer Strip Evaluation Reports, must be provided to the city by the Applicant with the Development Application. It is the responsibility of the applicant to contact the city to obtain any information regarding the documented wetland, including any existing MnRAM information, for inclusion in any documentation provided to the city by the applicant. The applicant must also contact the city to obtain any information on existing or proposed stormwater or NURP ponding within the development.
(E) A determination of the function and value of the wetland using the most recent version of MnRAM or other approved assessment methodology under Minnesota Rules 8420 must be completed by the applicant for the entire site submitted to the city in a Wetland Delineation Report.
(F) For Development Applications involving wetland alteration, the applicant must provide written documentation to the city with the Development Application regarding the avoidance and minimization efforts used to avoid or minimize impact upon the wetland. Conceptual Wetland Replacement or Wetland Banking Plans for any proposed impacts that require replacement under WCA or U.S. Army Corps of Engineers Regulatory Programs must be provided to the city by the applicant with the Development Application. It is the responsibility of the applicant to contact the city to obtain a wetland identification number for use in the Wetland Replacement, Wetland Restoration or Wetland Banking Plans for any replacement wetlands constructed within the city. Final Wetland Replacement, Wetland Restoration or Wetland Banking Plans must be submitted to the city for review and approval prior to release of the final plat or, if there is no plat approval involved, the first building permit for the entire subject property.
(G) If the applicant disputes whether a wetland exists or its classification, the applicant has the burden to supply detailed information supporting the applicant’s assertion. This includes, but is not limited to, historical aerial photography, topographic, hydrologic, and floristic and/or soil data deemed necessary by the city (the LGU) under the WCA to determine the jurisdictional status of the wetland, its exact boundary and its classification.
(H) Wetland Buffer Strip Evaluation, Wetland Delineation Reports and Wetland Banking Plans supplied by the applicant shall be prepared by a qualified wetland delineator in accordance with current state and federal regulations. Wetland delineators must satisfy all certification requirements that are established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources or, in the absence of such certification, are determined by the Zoning Administrator to be a qualified wetland delineator.
(I) Prior to release of the final plat for any portion of the property, developer shall submit a cash escrow in amount determined by the Zoning Administrator to cover the city costs of monitoring fees and preparation of Annual Wetland and Wetland Buffer Strip Evaluation Report in manner consistent with WCA requirements. If unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the developer shall correct the area identified within 90 days, excluding December through March, of submission of the report.
(Ord. 0408, passed 12-14-04; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1401, passed 1-28-14)