The URL can be used to link to this page

Home My WebLink About0567 ORDINANCE NO. s6~ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVII.LE CITY CODE CONCEli;NING EXCAVATING IN CERTAIN WETLANDS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Title 7 of the Lakeville City Code is amended by adding Chapter 14 to provide as follows: CHAPTER 14 EXCAVATING IN CERTAIN WETLANDS 7-141: DEFINITIONS: The following words and terms, whenever they occur in this Chapter, are defined as follows: E%CAVATION: The removal of sod, dirt, soil, .sand, .gravel, stone, or other material creating a depression. PUBLIC WATERS All types 3, 4, and 5 wetlands, as defined in United States Fish WETLANDS: .and Wildlife Service Circular No. 39 (1971 .edition), not included within the definition of public waters, as defined in .Minn. Stat. § 103G.005, Subd. 15, that are two and one-half (21h) or more acres in size. WETLANDS: 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, excluding public waters wetlands. For purposes of this definition, wetlands. must have the followingthree attributes: (1) have a predominance of hydric soils; (2) 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 30978 r01/09/% f (3) under normal circumstances support a prevalence of such vegetation. 7-142: PERNIIT REQUIRED. Except as otherwise provided in this Chapter, it shall be unlawful for anyone to excavate in a wetland without a permit issued for that purpose by the City. 7-14-3: EXEMPTIONS FROM PERMIT REQUIREMENT. The following do not require a permit. under this Chapter: A. Excavation for which a permit, including a nationwide permit, has been issued by the United States Corps of Engineers. B. Excavation for which a permit has been issued by the. Minnesota Department of Natural Resources. C. Excavation done in conjunction with the drainage or filling of a wetland for which a wetland replacement plan has been approved. pursuant. to Minn. Stat. § 103G.222. D. The exemptions in Minn. Stat. § 103G.2241 are incorporated herein by reference. 7-14-4: PERMIT APPLICATION AND APPROVAL. A. Applicants for a wetland excavation permit shall complete the application form .furnished by the City and pay the application fee. B. The application shall be referred to the City's Environmental Affairs Committee for recommendation. Following receipt of the recommendation, the City Council shall approve or deny the permit, subject. to reasonable conditions, based upon the standards set forth in this Chapter. 7-14-5: EXCAVATION STANDARDS. When a wetland excavation permit is issued under this Chapter the following standards shall be met:. L It shall not adversely change water flow. 2. The size of the excavated area shall be limited to the minimum required .for the proposed action. 3. Disposal of the excavated material is prohibited within the wetland area. 30978 r01/09/9G 2 4. Disposal of any excavated material shall include proper erosion control and nutrient retention measures. 5. Excavation in any wetland area is prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the City that the wetland is not used for waterfowl breeding or fish spawning. 6. Excavation in wetland areas will be required to be mitigated in accordance with the requirements of this .Chapter if the .activity results in a loss of functional wetland. 7. Excavation to create water quality improvement basins or storm water ponds may be allowed by the City, without mitigation, where reasonable alternatives are not available or where the wetland is of low quality. 7-14-6: MITIGATION. Except as otherwise provided in this Chapter, any loss of wetland caused by excavation shall be replaced on a one-to-one basis with. the same type of wetland. If feasible, the replacement .wetland shall be created in the same watershed as defined in Minn. Stat. § 103G.005, Subd. 17a. Prior to commencement of the excavation of a wetland the replacement wetland must be completed or an irrevocable bank letter of credit or cash escrow must be furnished to the City in an amount necessary to establish the replacement wetland. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 16th day of January ~ 1996, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: u~ D ne R. Zaun ayor TTEST: r' ,~":,l Charlene Friedges, City Clerk 30978 r01t09/% 3 PUBLIC NOTICE ORDINANCE NO. 567 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVILLE CITY CODE CONCERNING EXCAVATING IN CERTAIN WETLANDS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION I. Title 7 of the Lakeville City Code is amended by adding Chapter 14 to provide as follows: CHAPTER 14 EXCAVATING IN CERTAIN WETLANDS 7-14-1:DEFINITIONS: The following words and terms, whenever they occur in this Chapter, are defined as follows: 35E0 ewy Aug yo!W LPN yo!W !IIeN !pun 1puy uer Pub! 3gey uel9 ,oxer !1s!N boer )s!a> ales Jeu9 ems !uea oeg Apr Dell uuer NBA t6eyl /eAy DISI oser !!w3 ,purl EXCAVATION: The removal of sod, dirt, soil, sand, gravel, stone, or other material creat- ing a depression. PUBLIC WATERS WETLANDS: All types 3, 4, and 5 wetlands, as defined in United States Fish and Wild- life Service Circular No. 39 (1971 edition), not included within the definition of public waters, as defined in Minn. Stat. § 103G.005, Subd. 15, that are two and one-half (2 1/2) or more acres in size. 1plo9 eloo!N sewloH eu!lenboer 1e6.1eg>I1eW uesvuei4 Auegw!N 6159 enysor wn,(eio euueyle) uosuag uu3 1epoesuoo 5151 uos16ua9 ele6uy yosios Ao6alo >lewepy Aalller zlueg uoser 8 epeJo ezlea e!!alq spOOM peter plod 1epuuer dapleM Ined 106u3 UM!Der IS!nb!eM ue1eN sM01a aww3 NEPA !e!"Pci a deon A v wooquapuen i alysy pewwea essueN s!uazl euueor s!Aea 5159 1awn1 eloo!N suowelo 6wy uose61o1 eo!sser )o!ya )05511 sw1!dwol u05019 osnlea eu!O lagos!1 Jepuuer 1!oAne eu!ueer wou /eller uopeylag peva yo!z1e1 Aespu!1 Awe eu!lsuya sseupAS ego(' ueuelg 11519 uosueMS yea-, eu!lyog 5115] pleMel9 eueays ls!nb6lag laydolsuya Jeu!els Aweier uew6lag 45159 1e!elS ?pomp uosebieg 6espurl yl!WS !eyoed oue9 ye159 yips laydolsuya Ile9 u!lspN sdduo5 yeweS 1puelge8 u!we!ueg lalsnyOS yeuool Je>Ile9 ele6uy n!wyoS wept' SMalpuy eP!!y plopeylnd eIleq !yt uoslepuy,fespu!1 plopaylny esspeiN uoslepuy Dug pels6!ey yewe5 L epeie uessewssea !p!eH 11Otl bONOH ..C,. (1) for (2)E7 m� (3) $9. S3U1L1 ial users rich. Niboye .eoodS inoA a iesei Aolnd AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 567 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Saturday, the 27th day of January , 1996; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 29th day of January , 1996. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1 31.00 yOJDW pup luewoes pig et'