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Home My WebLink About0515 ORDINANCE NO. 515 .CITY OF LAKEVILLE DAKOTA COUNTY, .MINNESOTA AN ORDINANCE IMPLEMENTING THE WETLAND CONSERVATION ACT OF 1991, AS AMENDED THE CITY COUNCIL OF THE CITY. OF LAKEVILLE ORDAINS:. Section 1. Title 9 of the Lakeville City Code is amended by adding Chapter 5 to read: CHAPTER 5. WETLAND CONSERVATION ACT 9-5-1:` PIIRPOSE. This ordinance is adopted to implement the Wetland Conservation Act of 1991 (Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules of the Minnesota Board of Water and Soil. Resources .(Minn. Rules Chapter 8420, as amended). 9-5-2: INCORPORATION BY REFERENCE. This ordinance incorporates by reference the Act and the Rules. Terms used in this ordinance which are defined in the Act or the Rules have the meanings given there. 9-5-3: SCOPE. This ordinance regulates the drainage and filling of wetlands and parts of wetlands within the City of Lakeville. It is part of the official controls of the City of Lakeville. Conflicts with other official controls must be resolved in favor of providing the most wetland protection. 9-5-4: PROCEDIIRES. A. Exemption and No-loss Determinations. Exemptions and no-loss determinations under Minn. Rules Parts 8420-0210. and .0220 shall be made by the .zoning administrator. The administrator should seek the advice of the .technical evaluation panel on questions of wetland delineation .and type. The administrator's decision is final unless appealed to the Board of Adjustment within thirty (3O) days. 10004 11/09/43 B. Sequencing and Replacement Plan Decisions.. Sequencing and replacement plan decisions. under Minn. Rule Part 8420.0520- .0550 shall be made following the same procedures as for conditional use permits under the City's zoning ordinance, plus the additional notice and time requirements of Part 8420.0230. If the amount of wetland to be drained or filled is less than one-tenth of an acre, the sequencing determination under Minn. Rule Part 8420.0520 shall be made by the zoning administrator.. C. Monitoring. The. zoning...administrator shall assure that the replacement plan monitoring and enforcement requirements of Minn. Rule Parts 8420.0600-.0630 are fulfilled. D. Wetland Banking. Wetlands may be restored or created within the City of Lakeville for purposes of deposit in the. wetland bank in accordance with Minn. Rules Parts 8420.0700-.0760. The zoning administrator is responsible for approving bank plans, certifying deposits, and monitoring of banked wetlands and enforcement under the rules. E. Atepeals. Decisions made under this ordinance may be appealed to the Board of Water and Soil Resources under Minn. Rules Part 8420.0250, after .administrative appeal. rights under the official controls have been exhausted.. F. Variances. The Board of Adjustment may issue variances from the official controls of the City of Lakeville so long as the variances do not violate the Act or the .Rules. G. Technical Evaluation Panel. The Lakeville City Council shall appoint a person to serve on the technical evaluation panel. The person must be a technical professional with expertise in water resources management.. Decisions under this ordinance .must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the City Council, the landowner, or a member of the technical evaluation panel asks. for such determinations. This requirement does.. not apply to wetlands for which such date is .included in an approved comprehensive wetland management plan per Part 8420..0240. The e Environmental Affairs Committee and City Council may seek and consider .recommendations, if any, made by the technical evaluation panel in making replacement plan decisions.. 9-5-5: HIGH PRIORITY AREAB. Decisions regarding sequencing, replacement plans, and banking shall particularly favor preservation, restoration, and creation of wetlands in high priority areas as identified in water management plans pursuant to Minn. Rules Part 8420.0350. 10004 11/09/93 2 9-5-6s DELEGATION. The Lakeville City Council may by joint powers agreement delegate to the Soil and Water Conservation District .under Minn. Stat. 471.59 and 103C.331, Subdivision 19, the .authority. to administer all or any part. of .this ordinance. Seotion 2. This ordinance shall be effective on January 1, 1994, following its passage and publication. ADOPTED this 15th day of November , 1993, by the City Council of the .City of Lakeville. CITY OF VILLE BY: Du ne R. Zaun, yor ATTES Charlene iedge City. Clerk 10004 11/09/93 3 PUBLIC NOTICE ORDINANCE NO. 515 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE IMPLEMENTING THE WETLAND CONSERVATION ACT OF 1991, AS AMENDED 8420.0240. The Environmental Affairs Committee and City Council may seek and consider recommendations, if any, made by the technical evaiu, tion, panel in making replacement plan de- cisions. 9-5-5: HIGH PRIORITY AREAS. Decisions regarding sequencing, re- placement plans, and banking shall partic- ularly favor preservation, restoration, and creation of wetlands in high priority areae as identified in water management plans pursuant to Minn. Rules Part 8420.0350. 9-5-6: DELEGATION. The Lakeville City Council may by joint powers agreement delegate to the Soil and Water Conservation District un- der Minn. Stat. §§ 471.59 and 103C.331, Subdivision 19, the authority to adminis- ter all or any part of this ordinance. ,Section 2 This ordinance shall be ef- fective on January 1, 1994, following its passage and publication. ADOPTED this 15th day of November, 1993, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: (s) Duane R. Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in Lakeville Life It 75m.. m Nov. 22, 1993) 'spumfm so uidg ae1s SLOO-Z68 '[nett nod •paq Asmeda1 ai8uis H„Zh "9962-691, u11A 3p11.I1 UI agtKrols Too aoJ3 ms `.puna •p.8 A:raA 'Wutgeo Xp.rn;s •staalt so sigur?uspalusmun RB,as2ut -Ara aq lsntu saapaau-utunioa sR[I so; a .zuga ou st aaagy AVMV3N'/33j SW RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rate allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. 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 ofthe 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 amendment of Wetland conservation act which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 22 day of Nov. , 1993; 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: abcdefghijk] mnopgrs tuvwxyz BY: /Z '� � — TITLE: Publisher Subscribed and sworn to before me on this 22 day of Nov. ,1993. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA ' SCOTT COUNTY 1Jy ecmirlss:on expires 1 1 97