Agenda - Council - 04/14/2009 - Laserfiche WebLink

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Management Classification Preserve Manage 1 Manage 2 Manage 3 Wetland Buffer Strip Min. Width 25' 20' 15' 5' Wetland Buffer Strip Max. Width 50' 30' 25' 15' Wetland Buffer Strip Average Width 30' 25' 20' 10' Min. Structure Setback from Buffer Strip 15' 15' 15' 15' CONSIDER INTODUCTION OF ORDINANCE TO REPEAL CITY CODE SECTION 9.26 ENTITLED WETLAND PROTECTION; CASE OF CITY OF RAMSEY By: Chris Anderson, Environmental Coordinator The Public Hearing was properly advertised in the official newspaper of the City. CASE # S Background: On October 11, 2005, City Council adopted the Wetland Protection ordinance, which went into effect on November 14, 2005. Since the adoption of this ordinance, there have not been any residential development proposals subject to these provisions. There have been several commercial projects approved, but none on lands containing wetlands that Staff could use to review and determine the effectiveness of the ordinance As City Council will recall, one of the outcomes of the recent strategic planning retreat was Staff direction to bring forth a case to discuss the Wetland Protection Ordinance. The ordinance was discussed at the February 24 Council meeting at which time Council directed the City Attorney to research case law on this matter and directed Staff to schedule a public hearing to consider repealing the ordinance. As referenced below, the Planning Commission did hold a public hearing to consider repealing the Wetland Protection Ordinance on April 2 and did receive both written and verbal comments on the subject. Notification: Observations: The ordinance, as written, is applicable only to new lots of record created after the November 14, 2005 effective date. The ordinance requires a strip of vegetation, or a buffer strip, adjacent to the delineated boundary of a wetland. The width of a buffer strip is dependent on the overall quality of a wetland, which was determined using an assessment method known as MnRAM (Minnesota Routine Assessment Method), developed by the Board of Water and Soil Resources (BWSR). The required width of a buffer can range from five (5) feet to fifty (50) feet, dependent on the quality of a wetland, as outlined in the table below: The intent of the ordinance is to maintain and/or improve water quality by utilizing native vegetation, including trees, shrubs, grasses and wildflowers to filter out sediments, nutrients and toxicants from surface water runoff prior to discharge into a wetland. Certain activities, such as —199—