HomeMy WebLinkAbout11/12/08
City of Farmington
430 Third Street
. Farmington, MN 55024
A Proud Past - A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All
Of Our Customers
AGENDA
PLANNING COMMISSION
NOVEMBER 12, 2008
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) October 14, 2008 Regular Meeting Minutes
b) October 28, 2008 Special Meeting Minutes
3. PUBLIC HEARINGS
a) Conditional Use Permit to allow the installation of a monopole cell tower in Tamarack Park.
Applicant: FMHC Corporation
2901 Metro Drive, Suite 225
Bloomington, MN 55024
.
b) Ordinance Amendment to Title 8 of the City Code to adopt the Dakota County Uniform Street
Naming and Addressing System.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
c) Ordinances Amending the following portions of the City Code:
.
1) Ordinance Amendment to Title 10, Chapter 5, Section 25 of the City Code regarding
Floodplain Overlay District.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
2) Ordinance Amendment to Title 10, Chapter 6, Section 17 of the City Code regarding Wetland
Standards.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
.
3) Ordinance Amendment to Title 10, Chapter 6, Section 18 of the City Code regarding Shoreland
Management Regulations,
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4) Ordinance Amendment to Title 10, Chapter 6, Section 27 of the City Code regarding Erosion
Control Required.
Applicant: City of Farmington
430 Third Street (OVER)
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.
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assis1ant City Planner ~
Conditional Use Permit for the installation of a 75 foot tall monopole cell tower in
Tamarack Park
FROM:
SUBJECT:
DATE:
November 12,2008
INTRODUCTION
A request for a Conditional Use Permit [CUP] has been made by FMHC Corporation, on behalf of T-
Mobile Central, for the installation of a seventy-five (75') foot high monopole cell tower with accessory
equipment in Tamarack Park.
The stated intent for the proposed monopole tower is to increase the in-home cell phone coverage to the
residential areas surrounding Tamarack Park.
Planning Division Review
Applicant:
FMHC Corporation
2901 Metro Drive, Suite 225
Bloomington, MN 55425
Property Owner:
City ofFannington
430 Third Street
Farmington, MN 55024
Attachments:
Exhibit A - CUP Application
Exhibit B - Location Map
Exhibit C - Engineering Letter Regarding Tower Fall Zones
Exhibit D - Detailed Site Plan and Elevations
Exhibit E - Photo Simulations
Location of Property:
-Tamarack Park (please note location map attached as Exhibit B)
-Northwest intersection of Cantata Avenue West and 209th Street
-Outlot F, Tamarack Ridge (Legal Description)
Surrounding Land Use:
Subject property is City owned parkland with multi-family residential
adjacent to the north and west. Single family residential is located to the
south and a cemetery is adjacent to the east.
Existing Zoning:
P/OS (Park / Open Space)
.
.
.
Comprehensive Plan:
The subject property is comprehensively guided Park/Open Space.
DISCUSSION
The City Code was recently amended to allow monopoles within the City's Park I Open Space Zoning
District. The amendment contained numerous stipulations concerning the installation of monopoles,
which are identified below:
· They are allowed as a conditional use within the A-I, I-I, and PIOS districts.
· Within the Park and Open Space district monopoles can only be installed in parks that contain
facilities.
· One monopole is allowed per park (with facilities).
· There shall be no crows nest, platforms, or guy wires on monopoles in any approved district.
· Antenna arms are to be separated by 10 feet.
· Monopoles in a park (with facilities) must be setback 75 feet except when a qualified engineers
report specifies that any collapse of pole will occur within a lesser distance.
· The maximum height of a monopole installed in a park (with facilities) is 75 feet.
Site Location & Layout
The proposed monopole and accessory ground equipment will be located in the northeast portion of
Tamarack Park between the northern end of the basketball court and the trail just south of the stormwater
pond. The City is in the process of negotiating a lease agreement for a 20' x 15' area to house the 75'
high monopole and accessory equipment (the execution of a lease agreement will be a condition to the
CUP, if approved).
Within the lease area will be a 7' x 12'8" concrete pad on which the ground equipment will be affixed to.
The accessory ground equipment will consist of four six (6') foot tall cabinet structures that will securely
house the necessary operating equipment for the monopole. In addition, a concrete slab will be poured
around the base of the monopole and will match into the concrete pad for the ground equipment. As part
of the lease agreement, the applicant is also requesting a fifteen (IS') foot wide access and utility
easement that will extend from the northeast comer of the lease area to the curb line of Cantata Avenue.
A secondary benefit to the monopole is that it will be fitted with a lighting fixture which will illuminate
the basketball court and playground area at night. The light fixture will be placed at a height of
approximately forty (40') feet on the monopole. According to Randy Distad, Parks and Recreation
Director, the lighting fixture will utilize a photo cell in order to automatically turn the lights on upon
sunset. Additionally, a timer will be installed to turn the lights off at 11 pm. This is the time when all
parks within the City close, as stipulated in City Code.
Landscaping
As shown on the attached site plan (Exhibit D-l), the applicant is showing a vegetative screening along
the north and east sides of the concrete pad area. It is anticipated that the screening will consist of
arborvitae. Screening is not being proposed on the southerly side of the equipment as the doors to the
three cabinets will open to that general area. A condition to the approval of the CUP will be that the
applicant submits a landscape plan to the Planning Division for approval. The landscape plan must
identify the number, species, and size of plantings for the project.
.
.
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Collocation
The monopole will be designed to be collocatable for one additional user to mount a similar antenna as
currently being proposed. If a second antenna is ever to be located on the monopole the two antennas
must be separated by a minimum often (10) feet.
Setback Requirement
As previously mentioned in this memorandum, a monopole located in a park (with facilities) must be
setback seventy-five (75') feet from property lines. This requirement can be reduced provided
documentation is given by a qualified engineer indicating that the "fall zone" for the structure is less than
the required seventy-five (75') feet.
Theoretically, the monopole is designed to have a high stress point at an intermediate height. This will
keep the monopole structure within a certain fall radius. The monopole is designed to collapse upon itself
in the event that a catastrophic event was to occur. The initial failure point or high stress point (hinge
point) of the monopole can be specified at certain elevations. The structure will be designed so that the
stresses in the upper section of the monopole are greater than the stresses in the bottom sections.
Therefore if the upper section were to fail it would collapse onto the bottom section producing
significantly less wind area, hence decreasing the loads applied to the structure. As a result, the structure
would not "free fall" to the ground and stays within the compound area or fall zone. Additional
information regarding the structural integrity of the proposed monopole as well as the fall zone can be
found in the attached letter from the registered professional engineer (Exhibit C).
At this time a fall zone for the proposed monopole has not been determined yet. Generally, the hinge
point for a seventy-five (75') foot monopole is located anywhere between fifty (50') feet and fifty-six
(56') feet up on the monopole. The high stress points/hinge points will vary on any given monopole
depending on their structural design. This is in large part in order to meet the required setbacks. The
setback of the proposed monopole structure from the eastern property line is approximately fifty-five
(55') feet. The hinge point for the monopole will have to be designed to ensure that the fall radius for the
structure is entirely encompassed within the park property. This will be made a condition of approval.
Information regarding the fall radius/zone and supporting documentation was provided to the applicant
from a registered engineer in the State of Minnesota and is attached as Exhibit C.
Conditional Uses
A conditional use shall be approved if it is found to meet the following criteria:
1. The proposed use conforms to the district permitted and conditional use provisions and all general
regulations of this title.
2. The proposed use shall not involve any element or cause and conditions that may be dangerous,
injurious or noxious to any other property or persons and shall comply with the performance
standards listed below.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood.
.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in
the neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
It is of staffs opinion that the aforementioned criteria have been met; therefore, the Conditional Use
Permit should be approved by the Planning Commission.
ACTION REOUESTED
Approve the requested Conditional Use Permit allowing the construction of a seventy-five (75) foot tall
monopole cell tower (and accessory equipment) within the Tamarack Park, contingent upon the
following:
1. Execution of a lease agreement acceptable to the Park and Recreation Advisory Commission and
City Council.
2. The structure must be designed to ensure if failure of the monopole were to occur that no portion
of the monopole would collapse outside ofthe park's property line.
3. Obtaining all necessary building permits as required by the City's Building Official.
4. Subject to a landscaping plan acceptable to the Planning Division.
Respectfully submitted,
. /~~
Tony Wippler, Assistant City Planner
Cc: Kelly Swenseth, FMHC Corporation
.
.
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lm OCT 24 2008 W
City of Farmington
430 Third Street
Farmington, Minnesota
651,463,7111 . fax 651.46.1.2591
www.cl.fumJinllton.mn.us
By
II
I~
CONDITIONAL USE PERMIT APPLICATION
Applicant: FMHC Corporation as agent for T-Mobile Central Telephone: (952) 831-1043
Fax: (952) 831-0623
Address: 2901 Metro Drive, Suite 225
Street
Bloomington
City
Minnesota
State
55425
Zip Code
Owner: City of Farmington
Telephone: ~ 463-7111
Fax: ~ 463-2591
Address: 430 Third Street
Street
Minnesota
State
55024
Zip Code
Farmington
City
Premises Involved: Tamarack Park (209th Street! Canatana Avenue), Tamarack Ridge ~ Outlot F, Section: 29 Township: 114 Range: 19
Address/Legal Description (lot, block, plat name, section, township, range)
Current Zoning District Park/Open Space
Current Land Use Park with Facilities
Specific Nature of Request: T-Mobile requests to install a 75' monopole!lightpole that would illuminate the basketball court and the playground area
and the antennas and ground equipment for the purpose of operating a telecommunications facility available for one additional carrier to collocate.
SUBMITTAL REQUIREMENTS
~ ~ !,roof of Ownership /
\l\I Application Fee I J
~ Bou~ot Syhfey /J f
\oJ/ - xd.-, "-"" 1 I r /
,-,~ '-"-.1/ t <' / LA / I
".- / :.."..- / I
Signature of Owner /1
L/ I
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llQ 6 Copies of Site Plan
\l\I AbstractlResidential List (required 350' from subject property)
/ \l\I Torrens (Owner's Duplicate Certificate of Title Req 'red)
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STRUCTURES
DESIGN AND FAILURE MODES FOR A TAPERED MONOPOLE
QUALITY OF STEEL AND FABRICATION OF A MONOPOLE STRUCTURE
Tapered Monopole Desion Standards and Failure Modes:
.
. Communications monopole structures designed by Valmont are sized in accordance with the latest governing
revision of the ANSI/TIA 222 standard unless otherwise requested by our customer. This standard has been
approved by ANSIIASCE-7, which has dealt with the design of antenna support structures for over 40 years. The
TIA standard, based on provisions of this nationally known specification, has a long history of reliability. At its
core philosophy is it's first and foremost priority to safeguard and maintain the health and welfare of the public.
. The TIA standard designates a minimum wind loading for each county in the United States. Valmont uses the
wind loading listed in the TIA standard unless a greater value is specified by our customer. Structures are also
designed for radial ice at a code specified reduced design wind loading. Code designated coefficients are used to
ensure that the structure will survive the designed wind speed. The structure can usually survive even a greater
wind load than the basic design wind speed because of these conservative coefficients.
. Design and loading assumptions that are used for the analyses of these structures are very conservative in nature
when compared to other codes, which makes structural failure highly improbable.
. Failure of a steel monopole occurs when a point is reached where the induced stresses exceed the yield strength
of the material. At this point, the deflections induced in the material are no longer temporary. Hence, a
permanent deflection in the monopole would exist.
. The term failure above refers to local buckling at a designated point on the pole. Local buckling does not cause a
free falling pole; rather it relieves the stresses from the pole at this location. Monopoles are flexible, forgiving
structures, which are not generally susceptible to damage by impact loads such as wind gust or earthquake
shocks.
. When local buckling occurs, a relatively small portion of the shaft distorts and "kinks" the steel. When the pole
begins to bend the exposure area is reduced and therefore, the force due to wind is decreased as well. Even
though buckling exists, the cross section of the pole is capable of carrying the entire vertical load. Therefore,
wind induced loads could not conceivably bring this type of structure to the ground due to the excellent ductile
properties, design criteria, and failure mode.
. Val mont's communication poles have proven to be very reliable products. Valmont has provided structures that
have performed well during earthquakes in California, hurricanes in the South (including Hugo, Andrew, Opal and
Katrina), and a number of tornadoes. In over 25 years of engineering and fabricating thousands of monopoles, to
our knowledge Valmont has never experienced an in service failure of a communication pole due to weather
induced overloading, even though, as in the cases of Hurricanes Hugo, Andrew and Katrina, the wind speedS
exceeded the design wind speed. We use the latest standards, wind speed information, and sophisticated
analytical tools to ensure that we maintain our unblemished record for quality.
Valmont Qualitv of Steel and Manufacturino:
. Monopoles are fabricated from ASTM A572 Grade 65 material with a controlled silicon content of 0.06%
maximum to ensure a uniform galvanized coating. The base material is fabricated from Grade 60 material. All
plate material meets a V-Notch toughness requirement of 15 ft-Ibs. @ -20 degrees Fahrenheit. By meeting the
strict toughness requirement, monopoles are best suited to resist the cyclic/fatigue type loading (I.e. wind induced
loading) these structures exhibit.
. Val mont's anchor bolts are fabricated from A615 Grade 75 material. The bolts are 2 y.. in diameter, made from
#18J bar stock. Anchor bolts come complete with four (4) A194 Grade 2H hex nuts.
. For the past 40 years, our company has always guaranteed the quality of the steel used in building our structures.
Material Certifications are available on all material at the time of fabrication. Fabrication of the monopole is
performed in accordance with the provisions of the AISC Manual of Steel Construction and ASCE's Design of
steel Transmission Pole Structures. All welding and inspection is in accordance with the American Welding
Society's Specification D1.1-latest revision. Testing and inspection reports are available upon request at the time
of fabrication.
We hope these comments address the issues that you might encounter relative to the anticipated performance of
monopole structures and the quality of steel fabrication. If you have additional questions or comments please call
(800) 547-2151,
.
Specialty Structures Group, Valmont Industries, Inc.
3575 25'h Street Salem, OR 97302-1123 USA
Toll Free: 800-547-2151 Fax: 503-316-2040 www.valmont.com
EX. <:. 2-
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[33]........ . · ENGINEERED
. ENDEAVORS
INCORPORATED
The EJ/pIJrienced PDlnt of Vi.w
Fall Zone Calculation
In order to calculate the height of the hinge point or high stress area on a monopole structure to fall
within a specified fall radius, the following equation can be applied.
H2 _ FR2
x=
where:
x
H
FR
. Notes:
1.
2.
3.
4.
5.
6.
7.
.
2H
Height to theoretical high stress,ft
Height of structure,ft
Fall radius,ft
Monopoles are very flexible, forgiving structures
EEl's tubular monopoles have never experienced a "free fall" type failure due to wind
induced loads
As the structure deflects, it creates a markedly reduced exposure area, therefore, lowers the
applied forces
Design criteria is very conservative
Due to gust factor, height coefficient, and exposure factor, the structure could in fact survive
even greater wind than the specified basic wind speed
Due to the ductility of the steel, failure is defined as permanent deflection in the pole
Initial failure points can be designed at specific locations
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor, OR 44060
Phone (440) 918-1101 . Fax (440) 918-1108
.
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Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor, OH 44060
Phone (440) 918-1101 . Fax (440) 918-1108
.
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ENGINEERED
ENDEAVORS
INCORPORATED
The ExperlellCfld Point of View
March 2, 2007
Reference:
Design and Reliability of a Monopole Structure in the Telecommunication Industry
Fall Zone Radius
Quality of Steel and Fabrication of a Monopole Structure
In response to your inquiry regarding the design and anticipated reliability of a monopole structure:
1. The monopole structure is designed to meet the requirements of the ANSI TINEIA 222F
(June, 1996) titled Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures and mostly recently published ANSI/EIA-222-G (August 2005) titled Structural
Standard for Antenna Support Structures and Antennas. It also meets or exceeds the
requirements of the International Building Code and the Manual of Steel ConstructionASD
and LRFD by the American Institute of Steel Construction. Furthermore, the foundation and
anchor bolts meet the requirements of the American Concrete Institute's Building Code
Requirements for Structural Concrete (ACI 318-05). The pole itself is also designed to meet
the provisions of the American Society of Civil Engineers (A.S.C.E.) Design of Steel
Transmission Pole Structures, which was just recently published (2006) as a design standard.
2. Based on the location of this structure and the applicable design codes, the basic design wind
speed of fastest mile and! or 3 second gust is used to deign the structure. An additional case
with ice is also checked based on past historical data on ice accumulation in the area. The
specified wind speeds exceed the 50-year maximum anticipated wind velocity at 33 ft above
ground level. Additional factors are applied to increase the wind loading, e.g., a gust
response factor is imposed in order to account for sudden changes in wind speed, a height
coefficient to account for increasing wind speed with height, and an exposure coefficient.
Based on these conservative coefficients, the structure could in fact survive even greater
wind loads than the basic design wind speed without any failures.
3. The monopole structure design is controlled by wind induced loads, however, earthquake
induced loads are also evaluated with all building code requirements being satisfied.
V erticalloads (i. e., gravity loads) are minimal on these types of structures, approximately
20% of the maximum capacity.
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor, OR 44060
Phone (440) 918-1101 . Fax (440) 918-1108
ex.e5
.
Reference:
Design and Reliability of Monopole Structure in the Telecommunication Industry
Fall Zone Requirement
Quality of Steel and Fabrication of a Monopole Structure
2
4. The design and loading assumptions, which are used for the analysis of these structures, are
very conservative in nature when compared to other building codes; as a result, structural
failure is highly improbable.
5. Failure of a steel monopole structure is defined as being that point at which the induced
stresses exceed the yield strength ofthe material. At this point, deflections will be induced
in the structure, which will no longer be recoverable once the load has been removed.
Hence, a permanent deflection in the monopole would exist.
6. The induced loads must be sustained for a long enough period in order that the structure has
time to respond to the load without its removal. Monopoles are flexible, forgiving structures,
which are not generally susceptible to damage by impact loads such as wind gust or
earthquake shocks.
.
7. As the structure leans over from the induced loads, it presents a markedly reduced exposure
area for the development of wind-induced forces. This would result in the lowering of the
applied forces and, therefore, the reduction of stresses and a halting of the structural
deflection.
8. Hypothetically, let's assume that a pole becomes overloaded. The typical consequence of
this overloading is "local buckling" where a relatively small portion ofthe shaft distorts and
"kinks" the steel. Upon the removal of the applied load, the structure will not return to a
plumb position. This does not cause a free falling pole. Even though the buckle exists, the
cross section of the pole is cable of carrying the entire vertical load. As a result, wind
indu~ed loads could notconceivably bring this type of structure to the ground due to
the excellent ductile properties, design criteria, and failure mode. In the event of an
unlikely failure, theoretically, the monopole is designed to have a high stress point at an
intermediate height. This will keep the monopole structure within a certain fall radius,
9. This monopoles is theoretically designed to collapse upon itself in the event that a
catastrophic circumstance arises, however this type of failure has never occurred on an EEl
tapered tubular monopole structure. The initial failure point or high stress point of the
monopole can be specified at certain elevations. The structure was designed so that the
stresses in the upper section of monopole are greater than the stresses in the bottom sections.
The upper section fails and collapses onto the bottom section producing significantly less
wind area, hence decreasing the loads applied to the structure. As a result, the structure
does not "free fall" to the ground and stays within the compound area.
.
10. Further proofs to the integrity of these structure-types are the fact that all EEl monopole
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor, OR 44060
Phone (440) 918-1101 . Fax (440) 918-1108
.
.
.
ex.c(,
Reference:
Design and Reliability of Monopole Structure in the Telecommunication Industry
Fall Zone Requirement
Quality of Steel and Fabrication of a Monopole Structure
3
structures in the Florida region withstood the direct impact of Hurricane Andrew with
absolutely no structural damage reported. Wind loading was reported to be in the range of
100-120 MPH. Most recently, all EEl monopoles in the Wilmington, NC region withstood
the force of Hurricanes Bertha and Fran, which had wind speeds of 105 MPH and wind gusts
of 115 MPH.
11. In another incident, an EEl monopole withstood the impact of a run away bulldozer, which
rammed the monopole at the base. The monopole stood firm with only a dent in the shaft.
After field repairs, this monopole is still in service and performing to its design capacity.
12. EEl has never experienced a structural failure due to weathered induced overloading. EEl
personnel have over 75 years combined experience in design and fabrication of these types
of structures.
In response to your inquiry regarding the quality of steel and fabrication of a monopole structure:
1)
The monopole is fabricated from ASTM A572 Grade 65 material with a controlled
silicon content of 0.06% maximum to promote a uniform galvanized coating. The
base plate material is fabricated from A871 Grade 60 material. All plate material
meets a Charpy V-Notch toughness requirement of 15ft-lbs @ _200 Fahrenheit. By
meeting the strict toughness requirement, the monopole is best suited to resist the
cyclic/fatigue type loading (i.e., wind induced loading) these structures exhibit. The
toughness specification is based on 35 years of taper tubular poles being designed
and manufactured for the electrical transmission and communication industries.
2) Anchor bolts are fabricated from A6l5 Grade 75 material. The bolts are 2 'l4 in
diameter, made from #18J bar stock. All threads are rolled. Anchor bolts come
complete with two (2) A194 Grade 2H hex nuts. The anchor bolt material must also
meet a Charpy V-Notch toughness of 15 ft-lbs @ _200 Fahrenheit, to resist the
cyclic/fatigue type loading (i.e., wind induced loading) these structures exhibit.
EEl guarantees the quality of steel used on the entire monopole. Material Certifications
(Mill Test Reports) are available on all material at the time of fabrication. The toughness
requirement should be taken very seriously, for over the lifetime of the structure not having this
toughness requirement, "toe" cracks may occur at the base of the structure and the structure could
ultimately fail.
Fabrication of the monopole is performed in accordance with the provisions of the AISC
Manual of Steel Construction and ASCE's Design of Steel Transmission Pole Structures. All
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor, OH 44060
Phone (440) 918-1101 . Fax (440) 918-1108
.
.
.
e)(.t.7
Reference:
Design and Reliability of Monopole Structure in the Telecommunication Industry
Fall Zone Requirement
Quality of Steel and Fabrication of a Monopole Structure
4
welding and inspection is in accordance with the American Welding Society's Specification D 1.1 -
latest revision. Testing and inspection reports are available upon request at the time offabrication.
In conclusion, due to the aforementioned items, EEl's monopole structures have not
experienced "free fall" type failure due to wind or seismic induced loads. I hope that these
comments address the issues, which you might encounter relative to the anticipated performance of
monopole structures and quality of steel and fabrication. However, I will be most happy to answer
any specific questions, which you might have.
Sincerely,
Engineered Endeavors, Inc.
n~~~
Michael R. Morel, P.E. 'tfJ
Vice President of Engineering
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor,OH 44060
Phone (440) 918-1101 . Fax (440) 918-1108
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assi_t City Planner ~
Ordinance amending Title 8 of the City Code to adopt the Dakota County Uniform Street
Naming and Addressing System
FROM:
SUBJECT:
DATE:
November 12,2008
INTRODUCTION
On October 21, 2008 the Dakota County Board of Commissioners approved the Dakota County Uniform
Street Naming and Addressing System Procedural Manual [USNAS]. Dakota County has since requested
that all Cities and Townships within the county adopt ordinances referencing the manual.
DISCUSSION
Included with the attached ordinance is the County approved USNAS manual for the Commission's
consideration. The purpose of the USNAS is to establish a uniform system for naming streets and
assigning numbers to dwellings, principal buildings, and businesses to facilitate emergency services,
deliveries, and to provide the general advantages of a uniform system.
Farmington's system for naming streets and addressing properties will not be affected by the adoption of
the attached ordinance, as the City has been following this general format since 1999.
City staff is proposing to reference the USNAS manual in Title 8 (Public Ways and Property), Chapter 1
(Street System) of the City Code.
STAFF RECOMMENDATION
Recommend approval of the attached ordinance amending Title 8, Chapter 1 of the City Code in order to
reference Dakota County's Uniform Street Naming and Addressing System Procedural Manual and
forward that recommendation onto the City Council.
Respectfully submitted,
/W~
TO~iPPle~ssistant City Planner
.
.
ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 8 OF THE
FARMINGTON CITY CODE TO ADOPT THE DAKOTA COUNTY
UNIFORM STREET NAMING AND ADDRESSING SYSTEM
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 8, Chapter 1 of the Farmington City Code is hereby amended by adding
a new Section 6 to provide as follows:
8-1-6: DAKOTA COUNTY UNIFORM STREET NAMING AND ADDRESSING
SYSTEM:
The Dakota County Uniform Street Naming and Addressing System Procedural Manual, one
copy of which is on file in the office of the city clerk, is hereby adopted by the City as its method
of naming and addressing streets within the City. The City Engineer is hereby delegated the
responsibility for administering the naming and addressing system.
SECTION 2. This ordinance shall be effective immediately upon its passage.
ADOPTED this _ day of
Farmington, Minnesota.
, 2008, by the City Council of the City of
CITY OF FARMINGTON
BY:
Kevan A. Soderberg, Mayor
ATTEST:
Peter J. Herlofsky, City Administrator
. SEAL
140140vl
JJJ:07/23/2008
.
.
.
DAKOTA COUNTY
UNIFORM STREET NAMING
AND ADDRESSING SYSTEM
PROCEDURAL MANUAL
SECTION 1,00
DEFINITIONS
1,01 "COUNTY" means Dakota County, Minnesota.
1.02 "COUNTY BOARD" means the Dakota County Board of Commissioners.
1,03 "COUNTY HIGHWAY" has the meaning given to it in Minn. Stat. 9 160.02, subd. 17 as
may be amended.
1.04 "MUNICIPALITY" means a city or township located in Dakota County, Minnesota.
1,05 "PARTICIPATING MUNICIPALITY" means a municipality that has adopted the USNAS
for use within its boundaries.
1,06 "STATE CAPITOL" means the Minnesota State Capitol located in St. Paul, Minnesota.
1.07 "USNAS" means the Dakota County Uniform Street Naming and Addressing System
Procedural Manual.
SECTION 2.00
PURPOSE
The USNAS sets forth a logical system for naming streets and assigning addresses in certain
areas of the county. The USNAS defines techniques whereby a given address describes a
unique location within the system. The USNAS is for use by the county and participating
municipalities. The purpose of the USNAS is to establish a uniform system for naming streets
and assigning numbers to dwellings, principal buildings, and businesses to facilitate emergency
services, deliveries, and to provide the general advantages of a uniform system.
SECTION 3,00
ADMINISTRATION
Unless otherwise agreed to between the county and a participating municipality, each city or
township that adopts this procedural manual shall be responsible for the administration of the
USNAS within its boundaries. The county has sole authority to name and number all county
highways.
SECTION 4,00
METHODOLOGY
The county street naming and addressing system is based upon an imaginary grid system with
an x and y-axis. Since many streets in the county do not conform to a strict north - south and
east - west configuration, exceptions arise and must be dealt with consistently. Therefore, if a
street cannot be defined as having an east - west orientation, it is considered a north - south
street. Other exceptions arise for a variety of reasons and must be dealt with in a similar
manner through negotiations with the parties affected, with an emphasis on the purpose of the
USNAS (Section 2).
- 1 -
.
.
.
East - west streets are named using a numbering system. The numbering system begins at a
baseline that runs through the state capitol, consistent with other parts of the Twin Cities
metropolitan area.
North - south streets are named using an alphabetic system. The alphabetic system starts at
approximately the same origin and proceeds in alphabetic order in both directions with an east
and west designation specifying on which side of the origin they exist. Duplicate names on
either side of the line are not allowed and the same name is assigned to streets in similar
locations across the entire north - south extent of the county.
East - west addresses are assigned using a numbering system, starting at 1000 and increasing
in two directions starting at an origin in the middle of the county. The additional designation of
east and west is added to these addresses to designate on which side of the origin the
addresses exist.
North - south addresses are assigned using a numbering system based on the east - west
street naming system, multiplied by 100. Therefore, 16416 Foliage Ave. is south of 164th Street
on Foliage Ave. and 16384 Foliage Ave. is north of 164th Street on Foliage Ave.
A point near the state capitol serves as the "point of origin" for the naming and numbering grid
(Figure 1). This point is defined as the intersection of a line extending east from Marshall
Avenue in St. Paul and the north - south extension of the line between sections five and six in
Inver Grove Heights,
An east - west oriented line drawn through the point of origin (x-axis) is the base line from which
all the east - west oriented streets obtain their names and buildings on north - south oriented
streets obtain their addresses.
A north - south oriented line drawn through the point of origin (y-axis) is known as the "A" line
for street naming purposes. It begins at the point of origin and continues south to the southern
border of the county in Section 27 of Sciota Township. The "A" line is the base line for naming
all streets that cannot be defined as having primarily an east - west orientation (considered
north - south streets) and addressing buildings on east - west oriented streets.
-2-
:-
-
GRID
.
+
BASE LINE
Dakota County
USNAS Grid Map
j
:-
..--.--.-
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.
.....-
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NAMES OF PLACES OR THINGS
PROPER NAMES
Figure 1
.
- 3 -
. SECTION 5,00
EAST - WEST STREETS
.
East-west oriented streets are numbered (172nd Street) as opposed to being named (Oak
Avenue). Their names are based on the number of miles south of the east - west base line they
are located. For example, 45th Street is located 4.5 miles south of the base line; 220th Street is
located 22 miles south of the base line. The farther south in the county east - west oriented
streets are located, the larger the number will be.
There is a maximum of ten numbered streets per mile using this system. The largest
numbered street in the county is 330th Street, which is the southern border of the county.
Accordingly, there is the possibility of having 310 numbered streets in the county. (The northern
boundary of the county is two miles south of the point of origin, which means the northern
boundary would be 20th Street.)
In the event that there are more than ten east - west oriented streets in a mile, an "upper" and
"lower" designation will precede the street number. The term "Upper" refers to the higher range
of house numbers on the north - south grid and not to the physical location (an "upper" street
would actually be geographically located south of the street by the same name). The opposite
is true for street names containing "Lower". In all cases, the house number shall be based on
the range of the original numbered street.
Streets on the east - west address grid are always named "Street." One exception would be
courts. A street may end with the type "Court" and be on the east - west grid if it meets the other
criteria for an east - west street and is a dead-end cul-de-sac. If a street named "Court" is
changed at some point to no longer be a dead-end cul-de-sac, its name will be changed to
"Street" (Figure 2). Only east - west oriented streets have a directional designation after the
name, such as 45th Street East or 220th Street West. Streets east of the A line have an "east"
designation after the name; conversely, streets west of the A line have a "west" designation
after the name.
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Figure 2
Street Name Designation Diagram
- 4 -
. SECTION 6,00
.
.
OTHER STREETS
All other streets are named (Oak Avenue) as opposed to being numbered (172nd Street). Their
names are based on their location in relation to the division line. Names are assigned
alphabetically, with one letter of the alphabet covering one mile. For example, if a home is less
than one mile from the dividing line, north - south streets in the neighborhood begin with the
letter "A"; if a house is between three and four miles from the A line, north - south streets in the
neighborhood begin with the letter "0".
Streets on the west side of the "A" line are named for places or things, such as Denmark or
Foliage. Street on the east side of the "A" line are named for people, for example Inga or
Michael. There are exceptions to this rule:
A. Established major streets one mile or more in length that run in a diagonal direction
or meander can be named for a related place, such as Red Wing Boulevard or
Northfield Boulevard.
B. Established major streets such as Cedar Avenue and Dodd Boulevard have retained
their long-standing, familiar names when this system was instituted in 1965.
C. Major streets with limited assigned addresses that are the subject of a change of
jurisdiction, can be named by the entity receiving the jurisdiction of the street. This
exception will be allowed for jurisdictions that wish to represent a historical
significance to the community or for consistency within the community or street
naming system. Since these names may not conform to the naming convention, the
intent is that the name will be prominently known and no addresses will be assigned
to it in the future, If these conditions change, the street must be renamed using the
normal conventions.
D. Other exceptions may arise due to curvilinear geometry, exhausted alphabetic name
sequences and number ranges, or other peculiar circumstances that do not conform
well to the normal east - west and north - south assumptions. In these cases, the
participating community and county addressing representatives will work together to
resolve it in an agreeable manner that limits pubic confusion, provides the most
flexibility for the future, limits liability, and protects public safety.
On the west side of the A line, streets names begin with letters of the alphabet ranging from "A"
to "l". On the east side of the A line, the alphabetical range is from "A" to "R".
"Non-east - west oriented streets" are defined as streets having any orientation other than east
- west. Non-east - west oriented streets are called Avenues, Boulevards, Trails, Drives, Paths,
Ways or Courts depending on their length and orientation. The name "Street" is only used for
east-west, numbered streets. The name "Court" is reserved for dead-end cul-de-sacs. If a
street named "Court" is changed at some point to no longer be a dead-end cul-de-sac, its name
will be changed accordingly to something other than "Court" (Figure 2).
Non-east - west oriented streets do not have any directional designation. East - west oriented
streets have directional designations because there can be a 220th Street on both the east and
west side of the A line. The names of non-east - west oriented streets should automatically tell
their location in relation to the A line. Additionally, all streets in the county are south of the base
line and, therefore, do not need any north or south designations because that is defined by the
features of the system.
State and county highways are assigned names according to the USNAS, but they also
continue to be called by their route number (e.g., State Highway 3 and Chippendale Avenue).
- 5 -
.
GUIDELINES FOR ASSIGNING STREET NAMES IN
SUBDIVISIONS
The following procedures shall be used in assigning street names in subdivisions:
A. Determine which streets will be numbered and which streets will be named.
B. Assign east - west oriented streets their numbers, or upper or lower designation in
the case of there being more than ten east - west streets in the section, being certain
that they fall in the proper position in relation to the north - south address grid and
existing numbered streets in the area.
C. Determine alphabetical bounds into which the remaining streets should fall. Refer to
the nearest existing north -south oriented streets to obtain the most specific
alphabetical bounds. Reuse existing street names whenever possible to maintain
consistency.
D. In assigning street names:
1. Avoid controversial names or names with a slang connotation such as Fink
Court, Albatross Circle.
2. Avoid unfamiliar spellings of common words or names. (e.g., Mychal,
Debbra, Parkewood, Brooksyde).
3. Persons responsible for assigning street names should not select names that
are personally significant to them or other employees. (e.g., Forrest Trail,
Connell Court, Aunt Emma Lane).
4. Persons responsible for assigning street names must discuss the proposed
street name with another employee within the applicable department and
seek approval of the department supervisor prior to assigning the street
name.
SECTION 7,00
.
.
5, A private street is not required to conform to the USNAS unless so required
by the participating municipality in which the private street is located.
Generally, streets within mobile home parks are private streets.
6, If a street turns a corner of 90 degrees or less with only one standard size
urban lot on the inside of a curve, the street name shall change (Figure 3).
7. Persons responsible for assigning street names shall determine if a street
name is too similar to another street name in the participating municipality in
which the street is located. (e,g., Kingston and Kingsford, Johnson and
Jenson, Harry and Harold).
E. In the event a street is extended from one participating municipality into another
participating municipality, the street shall retain the same USNAS designated name.
F. Any changes to existing street names must be made in accordance with the
procedures established by the participating municipality for doing so. Changes made
to existing street names must conform to the USNAS.
G. After assigning a street name, the participating municipality shall provide written
notification including a copy of the applicable plat or a sketch thereof showing the
assigned street names and building address numbers to the following:
-6-
.
1. County Physical Development Division;
2. County Assessing Services Department;
3. County Property Taxation and Records Department; and
4. Dakota Communication Center.
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- 7 -
. SECTION 8,00
ADDRESSING
Buildings on east - west oriented numbered streets are addressed from the east - west grid.
Buildings on all other streets are addressed from the north - south grid (Figure 4).
Building addresses are assigned at an interval of 1000 numbers per mile, which allows for 500
on each side of the street. Therefore, this system permits one address every 5.28 feet.
Addresses ending with an even digit are used on the south and east sides of streets; addresses
ending with an odd digit are used on the north and west sides of streets. When assigning
addresses in an established area or on an existing diagonal street, check the other addresses in
the area to ensure consistency is maintained with the existing odd-even addresses. There are
some anomalies that cause the numbers to be on what appears to be the wrong side of the
street. In general, odd-even addresses will not switch from one side of the street to the other in
situations where the south - east, north - west rules may dictate. Entire street segments
between intersections shall be treated consistently based on the best application of this rule and
review of adjacent segments.
.
N
~
II
o
Addressed from East-West Grid
Addressed from North-South Grid
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Figure 4
Addressing Grid Diagram
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Addresses are assigned based on the building's access point to the street. When addressing
new subdivisions, the address is assigned to the center point of the lot. For lots on corners, one
address must be assigned for each street. In rural areas where a house may be set back a
considerable distance from the street, the number is given to the point where the driveway
meets the street.
In curvilinear subdivisions where numbered streets may vary above or below the house
numbering grid, the house number must be adjusted to conform to the street number
sequences. For example, a building addressed 14530 must not be north of 145th Street
because according to the address, the building is 150 feet south of 145th Street.
Generally, addresses should be adjusted to provide the same intervals between successive
addresses while being consistent with the overall grid numbering system. For example, in one
block the house numbers may increase by an interval of ten, while in the next block they may
increase by an interval of fifteen or twenty. It is not necessary to adjust the intervals between
streets bearing word names, except to fit into the boundary set by the addresses of existing
buildings.
SECTION 9,00
GUIDELINES FOR ASSIGNING BUILDING ADDRESSES
Addresses are assigned to a variety of buildings that are served by electrical power such as
houses, commercial buildings, and barns and storage buildings not part of an already
addressed homestead. Addresses are also assigned to structures and facilities that are
significant to public safety for purposes of dispatching emergency services.
A. Building addresses are assigned using the street the driveway will access and the
location at which the driveway for the property meets the street.
B. Address numbers are calculated to match the addressing grid using a linear
interpolation methodology where an address range for a given street segment is
determined based on the grid and individual addresses are assigned proportionately
along the line. Although this can be accomplished manually using maps and scales,
it is best accomplished using GIS and an automated application to precisely
calculate the address numbers based on a given location on the address grid.
C. Special circumstances may be encountered including, but not limited to the following:
1. If a driveway location is unknown, use the approximate center of the lot.
2. Calculated address ranges should be adjusted to fit within adjoining existing
address ranges on the same street.
3. If a street changes directions, but does not change names, continue to use
the same numbering system.
4. For a plat of condominiums, town homes or apartments, addresses should be
assigned in a manner that meets the purpose of the USNAS as set forth in
section 2 above.
5. Buildings in large commercial developments may be addressed as a single
unit, similar to condominiums, where an address range for all buildings is
determined using the main entrance or most significant road for accessing
the development. This option should be considered if it will improve
emergency response to the buildings.
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D. Following approval by the participating municipality, the municipality's addressing
representative shall send a copy of the plat with assigned addresses to the requestor
and shall retain a copy of the plat for the municipality's records,
SECTION 10,00
CHANGES TO EXISTING OCCUPIED ADDRESSES
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A. All Roads. Address changes will only be allowed when the road name is a duplicate
of another road within a designated postal area or within the county and interferes
with the accurate dispatch of emergency vehicles or deliveries. A road name may
also be changed when one road has two commonly used names or where portions of
what appears to be the same road have two or more names. Any changes made
shall be in conformance with the USNAS.
B. Non-Countv Roads. Each participating municipality should establish its own
procedure for considering address changes.
C. County Roads. The following procedure shall apply for requests to change the name
of a county highway:
1. The person seeking to change the name of the county highway shall initially
make this request to the governing board of the city or township in which the
person resides and in which the county highway is located. The city or
township shall consider the request and make a recommendation to the
county in the form of a resolution. If it is the city or township that seeks the
change of name, it shall make a recommendation to the county in the form of
a resolution.
2. The person seeking the change of name of the county highway shall submit a
written application to the Dakota County Physical Development Division that
includes the following information:
a. The current name of the county highway;
b. The proposed name for the county highway;
c. The location of the county highway;
d. An explanation as to why the change is necessary; and
e. A copy of the city or township resolution as required in section
10(C)(1) above.
3. The amendment request shall be placed on the Dakota County Planning
Commission agenda for public hearing. The Dakota County Physical
Development Division shall investigate the amendment request and provide a
written recommendation to the Planning Commission.
4. The Dakota County Physical Development Division shall provide written
notice of the public hearing to the following: the applicant, all residents
owning property on the subject highway and all landowners with property
within 200 feet of the intersection of their street and the subject county
highway.
5. Following the public hearing, the Dakota County Planning Commission shall
make a recommendation on the amendment request and forward its
recommendation to the county board for final action.
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6. The Dakota County Physical Development Division shall provide written
notification of the County Board decision to the following:
a. Those people notified of the public hearing pursuant to section
10(C)(4) above;
b. Any city or township through which the county highway passes;
c. County Assessing Services Department;
d. County Property Taxation and Records Department; and
e. Dakota Communication Center,
ATTEST:
COUNTY OF DAKOTA, STATE OF MINNESOTA
Kelly D. Olson
Senior Administrative Coordinator to the Board
DATE:
Nancy Schouweiller, Chairperson
Dakota County Board of Commissioners
DATE:
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO: Planning Commission
FROM: Lee Smick, AICP . 1 V
City Planner '-'OC)
SUBJECT: Ordinance Amendments
DATE: November 12,2008
INTRODUCTION
The City's Local Surface Water Management Plan was prepared to be consistent with the
Metropolitan Council's 2030 Water Resources Management Policy Plan and the Vermillion
River Watershed Joint Powers Organization (VRWJPO) Watershed Plan. A public hearing was
held on the VRWJPO Watershed Plan on March 25, 2005. The Vermillion River Watershed
Joint Powers Board adopted the VRWJPO Watershed Plan on November 3,2005.
On February 4, 2008 the City Council approved the draft of the City's Local Surface Water
Management Plan (LSWMP) and authorized its distribution to the Vermillion River Watershed
Joint Powers Organization (VRWJPO). Comments were received from the VRWJPO and the
Metropolitan Council and no changes were necessary. The Vermillion River Watershed Joint
Powers Board approved the Farmington's plan on May 22,2008.
Pursuant to Minnesota Statutes 103B.235 Subd 4, the City must adopt and implement the plan
within 120 days and must amend its official controls accordingly. The City Council approved
the City's Local Surface Water Management Plan on July 21,2008. The only remaining item is
to approve the official controls.
DISCUSSION
The ordinances are attached for your review. Proposed revisions are in red or blue text and are
underlined. Deletions from the existing ordinance are shown as needed. The proposed
modifications include the following:
1. City Ordinance 10-5-25: Floodplain Overlay District will be updated to require easements
over areas below the 100-year critical flood elevation of and allow projects that alter floodplain
boundaries as long as no detrimental impacts result, or adverse impacts are mitigated.
2. City Ordinance 10-6-17: Wetland Standards will be updated to allow the BWSR
replacement program for transportation projects, detail the requirements for allowing stormwater
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ponds in buffers, and require minimum and average buffer widths for Manage 3 wetlands that
meet the VRWJPO's rules.
3. Major waterway buffers widths will be added to City Ordinance 10-6-18: Shoreland
Management Regulations that meet the buffer widths in the VRWJPO's rules.
4. City Ordinance 10-6-27: Erosion Control Required will be updated to require compliance
with the NPDES General Construction Permit requirements, as well as require conveyance
channels be constructed to withstand velocities from a 10-year storm event without erosion.
5. City Ordinance 11-4-7: Storm Drainage will be updated to require a land alteration permit
for most land disturbance activity, and will also include the VRWJPO's requirements for
temperature control, water quality criteria, rate control, and volume control.
ACTION REQUESTED
Recommend approval of the ordinance revisions above and forward the recommendation to the
City Council on December 1,2008.
Respec~
~Ck' AICP "
City Planner
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10-5-25: FLOODPLAIN OVERLAY DISTRICT:
(A)Statutory Authorization: The legislature of the state of Minnesota has, in MSA
chapters 1 03F and 394 for counties or 462 for municipalities, delegated the
authority to local governmental units to adopt regulations designed to
minimize flood losses. MSA chapter 1 03F further stipulates that communities
subject to recurrent flooding must participate and maintain eligibility in the
national flood insurance program. Therefore the city of Farmington,
Minnesota, does ordain as follows.
(B)Statement Of Purpose: The purpose of this section is to maintain the
community's eligibility in the national flood insurance program and to minimize
potential losses due to periodic flooding including loss of life, loss of property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
(C)Warning Of Disclaimer Of Liability: This section does not imply that areas
outside of the floodplain district or land uses permitted within such districts will
be free from flooding and flood damages. This section shall not create liability
on the part of the city of Farmington or any officer or employee thereof for any
flood damages that result from reliance on this section or any administrative
decisions lawfully made hereunder. (Ord. 002-469,2-19-2002; amd. Ord.
003-498, 9-15-2003)
(D)General Provisions:
1. Adoption Of Floodplain Maps: The flood insurance study prepared by the
federal insurance administration for the city of Farmington dated September
1978, the flood insurance study prepared by the federal emergency
management agency for Dakota County dated October 1, 1980, the flood
insurance rate map and the flood boundary and floodway map developed by
the federal insurance agency for the city of Farmington dated March 1, 1979,
and panel 150 of the flood insurance rate map and flood boundary and
floodway map developed by the federal emergency management agency for
Dakota County, Minnesota, dated April 1, 1981, is hereby adopted by
reference as the official floodplain zoning district map and made a part of this
title. (Ord. 004-511, 7-19-2004)
2. Lands To Which Section Applies: This section shall apply to all lands
designated as floodplain within the jurisdiction of Farmington.
3. Interpretation: The boundaries of the floodplain district shall be determined
by GIS or scaling distances on the official floodplain zoning district map.
Where interpretation is needed as to the exact location of the boundaries of
the floodplain district, the city engineer shall make the necessary
interpretation based on elevations on the regional (100-year) flood profile, if
available. If 1 OO-year flood elevations are not available, the community shall:
a) require a floodplain evaluation consistent with subsection (F) of this section
to determine a 100-year flood elevation for the site; or b) base its decision on
available hydraulic/hydrologic or site elevation survey data which
demonstrates the likelihood the site is within or outside of the floodplain.
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(E)Conflict With Preexisting Zoning Regulations And General Compliance:
1. The Floodplain District As Overlay Zoning District: The floodplain zoning
district shall be considered an overlay zoning district to all existing land use
regulations of the community. The uses permitted in subsection (F) of this
section shall be permitted only if not prohibited by any established, underlying
zoning district. The requirements of this section shall apply in addition to other
legally established regulations of the community and where this section
imposes greater restrictions, the provisions of this section shall apply.
2. Compliance: No new structure or land shall hereafter be used and no
structure shall be located, extended, converted, or structurally altered without
full compliance with the terms of this section and other applicable regulations
which apply to uses within the jurisdiction of this section. Within the floodway
and flood fringe, all uses not listed as permitted uses in subsection (F) of this
section shall be prohibited. In addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and
certain travel trailers and travel vehicles are subject to the general
provisions of this title and specifically subsections (F) and (N) of this
section;
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(b) Modifications, additions, structural alterations or repair after damage to
existing nonconforming structures and nonconforming uses of structures or
land are regulated by the general provisions of this title and specifically
subsection (K) of this section; and
(c) As built elevations for elevated structures must be certified by ground
surveys as stated in subsection (I) of this section.
(F)Permitted Uses, Standards, And Floodplain Evaluation Criteria:
1. Permitted Uses In The Floodplain: The following uses of land are permitted
uses in the floodplain district:
(a) Any use of land which does not involve a structure, an addition to the
outside dimensions to an existing structure or an obstruction to flood flows
such as fill, excavation, or storage of materials or equipment.
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(b) Any use of land involving the construction of new structures, the
placement or replacement of manufactured homes, the addition to the
outside dimensions of an existing structure or obstructions such as fill or
storage of materials or equipment, provided these activities meet two (2)
conditions. First, they are located in the flood fringe portion of the
floodplain. Second, that compensatory flood storage volume is provided
equal to the amount of fill proposed. The compensatory volume shall be
provided between the impacted area and the channel in such a way to
prevent an increase in the existing or future regional flood profile. These
uses shall be subject to the development standards in subsection (F)2 of
this section and the floodplain evaluation criteria in subsection (F)3 of this
section for determining floodway and flood fringe boundaries.
(c) Travel trailers and travel vehicles are regulated by subsection (N) of this
section.
2. Standards For Floodplain Permitted Uses:
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(a) Fill And Slopes: Fill shall be properly compacted and the slopes shall be
properly protected by the use of riprap, vegetative cover or other
acceptable method. The federal emergency management agency (FEMA)
has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100-
year flood elevation; FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multistructure or
multilot developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area
designation will be requested.
(b) Setbacks: Setbacks for floodplain alterations. fill. and new underoround
utilities, such as water, sanitary and storm sewers and interceptors. Qas
lines. phone lines, and pipelines: shall be established and used alono maior
waterways. These setbacks shall be established as follows. The exception
is for utilities that need to reach or cross the maior waterway, provided the
minimum impact alionment is used.
(1) Where a maior waterway has a sinuous flow pattern and a meander
belt can be identified, the setback for new underoround utilities shall be
setback 15 feet from the outer edoe of the meander belt.
(2) Where a sinuous flow pattern and meander belt are not readily
identifiable because of past channel alterations and/or the oeomorpholooy
of the channel. the setback established for new underQround utilities shall
provide for the potential for restoration and a sinuous flow pattern as
follows.
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(3) Where there are existinQ encroachments that limit full restoration of the
stream to the meander widths appropriate for the stream type. the setback
shall be 15 feet from the reasonablY achievable restoration width for the
meander belt Qiven the existinQ encroachments.
(4) Where full restoration is possible, the setback shall be 15 feet from a
meander belt width established alono the stream reach that has a width 1 0
times the bankfull channel width. An assessment of the stream type may
be completed, and meander belt widths established accordinQ to the
stream type. in place of usino the above 10x formula. Note: the 1999
Vermillion River Assessment Report, available at the Dakota SWCD or the
Dakota County offices of the VRWJPO, provide assessment of stream
type for many reaches of the Vermillion River.
(5) Where buffers are reauired, above Qround encroachments, alterations.
and fill shall be consistent with the prohibited and allowed uses and widths
specified in the Buffer Standard.
(c) Projects that alter floodplain boundaries. such as bridoe crossinos and
reoional ponds that increase upstream hiQh water levels are allowed
provided that:
(1) The applicant submits easements or other documentation in a form
acceptable to the LGU or the VRWJPO demonstratinQ and recordino the
consent of the owner of any land affected by the increased hiQh water
levels.
(2) The action is consistent with other portions of these Standards: and
Local. State and Federal Reoulations. and
(3) The upstream impacts. riparian impacts and habitat impacts of the
proposed action are analyzed and no detrimental impacts result. or
adverse impacts are mitioated.
(g) Storage Of Materials And Equipment:
(1) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood warning or
if placed on fill to the regulatory flood protection elevation.
(e) Adverse Impact: floodplain alteration~r filling_sh?illnot cau~~Ci net __
decrease in flood storaoe capacity below the projected 1 OO-Year critical
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, Deleted: No use shall be permitted
i which will adversely affect the
, capacity of the channels or f100dways
of any tributary to the main stream, or
of any drainage ditch, or any other
drainage facility or system. "Adverse
impact" is defined as an increase in
the existing or future regional flood
profile.
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flood elevation unless it is shown that the proposed alteration or fillinq,
toqether with the alteration or fillinQ of all other land on the affected reach of
the waterbody to the same deoree of encroachment as proposed by the
applicant, will not cause hiQh water or aoqravate floodinq on other land and
will not unduly restrict flood flows.
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(0 Where 1 OO-year flood critical elevations have been established, all new
structures shall be constructed with the low floor consistent with the
minimum elevations as specified in State of Minnesota Rule Chapter 6120:
Shoreland and Floodplain Manaqement: Dakota County Ordinance No. 50:
Shoreland and Floodplain Ordinance: FP, Floodplain District: as applicable
(g) Projects involving development, redevelopment, or the subdivision of
land, shall establish flood storage, flowage, and drainage easements over
areas below the 1 DO-year critical flood elevation of any public water, public
waters wetland, or wetland.
(rr) All Uses: Uses that do not have vehicular access at or above an
elevation not more than two feet (2') below the regulatory flood protection
elevation to lands outside of the floodplain shall not be permitted unless
granted a variance by the board of adjustment. In granting a variance, the
board shall specify limitations on the period of use or occupancy of the use
and only after determining that adequate flood warning time and local
emergency response and recovery procedures exist.
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(i) Commercial And Manufacturing Uses: Accessory land uses, such as
yards, railroad tracks, and parking lots may be at elevations lower than the
regulatory flood protection elevation. However, a permit for such facilities to
be used by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth greater than two feet
(2') or be subject to flood velocities greater than four feet (4') per second
upon occurrence of the regional flood.
(l) On Site Sewage Treatment And Water Supply Systems: Where public
utilities are not provided: 1) on site water supply systems must be designed
to minimize or eliminate infiltration of floodwaters into the systems; and 2)
new or replacement on site sewage treatment systems must be designed to
minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into floodwaters and they shall not be subject
to impairment or contamination during times of flooding. Any sewage
treatment system desjgned in accordance with the state's current statewide
standards for on site sewage treatment systems shall be determined to be
in compliance with this section.
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Deleted: (d) Above Flood Protection
Elevation: All structures, including
accessory structures, additions to
existing structures and manufactured
homes, shall be constructed on fill so
that the basement floor, or first floor if
there is no basement, is at or above
the regulatory flood protection
elevation. The finished fill elevation
must be no lower than two feet (2')
below the regulatory flood protection
elevation and shall extend at such
elevation at least fifteen feet (15')
beyond the limits of the structure
constructed thereon.
(~) Anchored Foundations: All manufactured homes must be securely
anchored to an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over the top or frame ties to
ground anchors. This requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces. (Ord. 002-469, 2-19-2002;
amd. Ord. 003-498, 9-15-2003)
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3. Floodplain Evaluation:
(a) Upon receipt of an application for a permit, manufactured home park
development or subdivision approval within the floodplain district, the
planning coordinator shall require the applicant to furnish sufficient site
development plans and a hydrologic/hydraulic analysis by a qualified
engineer or hydrologist specifying the nature of the development and
whether the proposed use is located in the floodway or flood fringe and the
regulatory flood protection elevation for the site. Procedures consistent with
Minnesota rules 1983 parts 6120.5600 (technical standards and
requirements for floodplain evaluation) and 6120.5700 (minimum floodplain
management standards for local ordinances) shall be followed during the
technical evaluation and review of the development proposal. In a zone A3
or zone AE on the flood boundary and floodway map adopted in subsection
(0)1 of this section, the floodway and flood fringe boundaries shall be as
shown on the flood boundary and f100dway map. (Ord. 004-511, 7-19-2004)
(b) The planning coordinator shall submit one copy of all information
required by this subsection (F) to the respective department of natural
resources' area hydrologist for review and comment at least twenty (20)
days prior to the granting of a permit or manufactured home park
development/subdivision approval by the community. The planning
coordinator shall notify the respective department of natural resources area
hydrologist within ten (10) days after a permit or manufactured home park
development/subdivision approval is granted.
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(G) Utilities, Railroads, Roads And Bridges In The District: All utilities and
transportation facilities, including railroad tracks, roads and bridges, shall be
constructed in accordance with state floodplain management standards
contained in Minnesota rules 1983 parts 6120.5000 - 6120.6200.
(H)Subdivisions:
1. City Engineer Review For Suitability: No land shall be subdivided and no
manufactured home park shall be developed or expanded where the site is
determined to be unsuitable by the city engineer for reason of flooding,
inadequate drainage, water supply or sewage treatment facilities. The city
engineer shall review the subdivision/development proposal to ensure that
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each lot or parcel contains sufficient area outside of the f100dway for fill
placement for elevating structures, sewage systems and related activities.
2. Evaluation: In the floodplain district, applicants for subdivision approval or
development of a manufactured home park or manufactured home park
expansion shall provide the information required in subsection (F) of this
section. The city engineer shall evaluate the proposed subdivision or mobile
home park development in accordance with the standards established in
subsection (F) of this section.
3. Access Roads: For all subdivisions in the floodplain, the floodway and flood
fringe boundaries, the regulatory flood protection elevation and the required
elevation of all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
4. Removal Of Special Flood Hazard Area Designation: The federal
emergency management agency (FEMA) has established criteria for
removing the special flood hazard area designation for certain structures
properly elevated on fill above the 1 OO-year flood elevation. FEMA's
requirements incorporate specific fill compaction and side slope protection
standards for multistructure or multilot developments. These standards should
be investigated prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
(I)Administration:
1. Permit Required: A permit issued by the city engineer shall be secured
prior to the construction, addition, or alteration of any building or structure;
prior to the use or change of use of a building, structure, or land; prior to the
change or extension of a nonconforming use; and prior to excavation or the
placement of an obstruction within the floodplain.
2. State And Federal Permits: Prior to granting a permit or processing an
application for a variance, the city engineer shall determine that the applicant
has obtained all necessary state and federal permits.
3. Certification Of Lowest Floor Elevations: The applicant shall be required to
submit certification by a registered professional engineer, registered architect,
or registered land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this title. The city engineer
shall maintain a record of the elevation of the lowest floor (including
basement) for all new structures and alterations or additions to existing
structures in the floodplain district.
(J)Variances:
1. Definition; Applicability: A "variance" means a modification of a specific
permitted development standard required in an official control including this
title to allow an alternative development standard not stated as acceptable in
the official control, but only as applied to a particular property for the purpose
of alleviating a hardship, practical difficulty or unique circumstance as defined
and elaborated upon in a community's respective planning and zoning
enabling legislation.
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2. Board Action: The board may authorize upon appeal in specific cases such
relief or variance from the terms of this title as will not be contrary to the
public interest and only for those circumstances such as hardship, practical
difficulties or circumstances unique to the property under consideration, as
provided for in the respective enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting of such variance, the board
of adjustment shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in the respective enabling
legislation which justified the granting of the variance.
3. When Allowed: Variances from the provisions of this title may be
authorized where the board of adjustment has determined the variance will
not be contrary to the public interest and the spirit and intent of this title. No
variance shall allow in any district a use prohibited in that district or permit a
lower degree of flood protection than the regulatory flood protection elevation.
Variances may be used to modify permissible methods of flood protection.
4. Copies Of Application: The board shall submit by mail to the commissioner
of natural resources a copy of the application for proposed variance
sufficiently in advance so that the commissioner will receive at least ten (10)
days' notice of the hearing. A copy of all decisions granting a variance shall
be forwarded by mail to the commissioner of natural resources within ten (10)
days of such action.
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5. Appeals: Appeals from any decision of the board may be made, and as
specified in this community's official controls and also Minnesota statutes.
6. Flood Insurance Notice And Record Keeping: The zoning officer shall notify
the applicant for a variance that: a) the issuance of a variance to construct a
structure below the base flood level will result in increased premium rates for
flood insurance as stated by current FEMA policies for insurance coverage,
and b) such construction below the 1 OO-year or regional flood level increases
risks to life and property. Such notification shall be maintained with a record
of all variance actions. A community shall maintain a record of all variance
actions, including justification for their issuance, and report such variances
issued in its annual or biennial report submitted to the administrator of the
national flood insurance program.
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(K)Nonconformities: A structure or the use of a structure or premises which was
lawful before the passage or amendment of this title but which is not in
conformity with the provisions of this title may be continued subject to the
following conditions:
1. No such use shall be expanded, changed, enlarged, or altered in a way
which increases its nonconformity.
2. An alteration within the inside dimensions of a nonconforming use or
structure is permissible provided it will not result in increasing the flood
damage potential of that use or structure.
3. The cost of all structural alterations or additions both inside and outside of
a structure to any nonconforming structure over the life of the structure shall
not exceed fifty percent (50%) of the market value of the structure unless the
conditions of this section are satisfied. The cost of all structural alterations
and additions constructed since the adoption of the community's initial
floodplain controls must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable cost placed
on all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds fifty percent (50%) of the current market
value of the structure, then the structure must meet the standards of
subsection (F) of this section for new structures.
4. If any nonconforming use of a structure or land or nonconforming structure
is destroyed by any means, including floods, to an extent of fifty percent
(50%) or more of its market value at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this title. The city
engineer may issue a permit for reconstruction if the use is located outside
the floodway and, upon reconstruction, is adequately elevated on fill in
conformity with the provisions of this title.
(L)Penalties For Violation: A violation of the provisions of this section or failure to
comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variance) shall constitute
a misdemeanor.
1. In responding to a suspected ordinance violation, the zoning officer and
local government may utilize the full array of enforcement actions available to
it including, but not limited to, prosecution and fines, injunctions, after the fact
permits, orders for corrective measures or a request to the national flood
insurance program for denial of flood insurance availability to the guilty party.
The community must act in good faith to enforce these official controls and to
correct ordinance violations to the extent possible so as not to jeopardize its
eligibility in the national flood insurance program.
2. When an ordinance violation is either discovered by or brought to the
attention of the zoning officer, the zoning officer shall immediately investigate
the situation and document the nature and extent of the violation of the official
control. As soon as is reasonably possible, this information will be submitted
to the appropriate department of natural resources and federal emergency
management agency regional office along with the community's plan of action
to correct the violation to the degree possible.
.
3. The zoning officer shall notify the suspected party of the requirements of
this chapter and all other official controls and the nature and extent of the
suspected violation of these controls. If the structure and/or use is under
construction or development, the zoning officer may order the construction or
development immediately halted until a proper permit or approval is granted
by the community. If the construction or development is already completed,
then the zoning officer may either: a) issue an order identifying the corrective
actions that must be made within a specified time period to bring the use or
structure into compliance with the official controls, or b) notify the responsible
party to apply for an after the fact permit/development approval within a
specified period of time not to exceed thirty (30) days.
4. If the responsible party does not appropriately respond to the zoning officer
within the specified period of time, each additional day that lapses shall
constitute an additional violation of this chapter and shall be prosecuted
accordingly. The zoning officer shall also upon the lapse of the specified
response period notify the landowner to restore the land to the condition
which existed prior to the violation of this chapter.
(M)Amendments 3 : All amendments to this title, including revisions to the official
floodplain zoning district map, shall be submitted to and approved by the
commissioner of natural resources prior to adoption. The floodplain
designation on the official floodplain zoning district map shall not be removed
unless the area is filled to an elevation at or above the regulatory flood
protection elevation and is contiguous to lands outside of the floodplain.
Changes in the official zoning map must meet the federal emergency
management agency's (FEMA) technical conditions and criteria and must
receive prior FEMA approval before adoption. The commissioner of natural
resources must be given ten (10) days' written notice of all hearings to
consider an amendment to this chapter and said notice shall include a draft of
the ordinance amendment or technical study under consideration.
.
(N)Travel Trailers And Travel Vehicles: Travel trailers and travel vehicles that do
not meet the exemption criteria specified below shall be subject to the
provisions of this section and as specifically spelled out below:
.
.
1. Exemption: Travel trailers and travel vehicles are exempt from the
provisions of this section if they are placed in any of the areas listed in
subsection (N)2 of this section and further they meet the following criteria:
(a) Have current licenses required for highway use.
(b) Are highway ready meaning on wheels or the internal jacking system,
are attached to the site only by quick disconnect type utilities commonly
used in campgrounds and trailer parks and the travel trailer/travel vehicle
has no permanent structural type additions attached to it.
(c) The travel trailer or travel vehicle and associated use must be
permissible in any preexisting, underlying zoning use district.
2. Areas Exempted For Placement Of Travel/Recreational Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
.
3. Additions And Accessory Structures: Travel trailers and travel vehicles
exempted in subsection (N)1 of this section lose this exemption when
development occurs on the parcel exceeding five hundred dollars ($500.00)
for a structural addition to the travel trailer/travel vehicle or an accessory
structure such as a garage or storage building. The travel trailer/travel vehicle
and all additions and accessory structures will then be treated as a new
structure and shall be subject to the elevation requirements and the use of
land restrictions specified in subsection (F) of this section.
4. Subject To Floodplain Provisions: New commercial travel trailer or travel
vehicle parks or campgrounds and new residential type subdivisions and
condominium associations and the expansion of any existing similar use
exceeding five (5) units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in
the floodway or flood fringe districts provided said trailer or vehicle and its
contents are placed on fill above the regulatory flood protection elevation
determined in accordance with the provisions of subsection (F)3 of this
section and proper elevated road access to the site exists in accordance
with subsection (F) of this section. No fill placed in the floodway to meet the
requirements of this section shall increase flood stages of the 1 OO-year or
regional flood.
.
(b) All new or replacement travel trailers or travel vehicles not meeting the
criteria of subsection (N)4(a) of this section may, as an alternative, be
allowed if in accordance with the following provisions: The applicant must
submit an emergency plan for the safe evacuation of all vehicles and
people during the 1 DO-year flood. Said plan shall be prepared by a
registered engineer or other qualified individual and shall demonstrate that
adequate time and personnel exist to carry out the evacuation. All attendant
sewage and water facilities for new or replacement travel trailers or other
recreational vehicles must be protected or constructed so as to not be
impaired or contaminated during times of flooding in accordance with
subsection (F) of this section. (Ord. 002-469, 2-19-2002; amd. Ord. 003-
498,9-15-2003)
.
.
.
.
.
e
10-6-17: WETLAND STANDARDS:
(A) Definitions; Tables:
WETLAND FUNCTIONS: The natural processes performed by wetlands,
including functions that are important in providing wildlife and fishery, habitat,
facilitating food chain production, providing habitat for nesting, rearing, and
resting sites for aquatic, terrestrial or avian species, maintaining the
availability and quality of water, such as purifying water, acting as a recharge
and discharge area for ground water aquifers and moderating surface water
and storm water flows, improving storm water quality, providing aesthetic
benefits, as well as performing other functions, including, but not limited to,
those set out in U.S. army corps of engineers regulations at 33 CFR section
320.4(b )(2)(1988).
Note: In the definitions that follow, the methodology and criteria for evaluation
of floral diversity/integrity are based on those detailed in the "Minnesota
Routine Assessment Method for Evaluating Wetland Functions (Version 1.0)",
Minnesota board of water and soil resources, September 1998; and criteria
for susceptibility to storm water impacts are based on recommendations in
"Storm Water and Wetlands: Planning and Evaluation Guidelines for
Addressing Potential Impacts of Urban Storm Water and Snow-Melt Runoff
on Wetlands", (Minnesota pollution control agency, June 1997).
The functional value for floral diversity/integrity determined from MNRAM is
based on dividing wetlands into wetland communities (i.e., wet meadow,
shallow marsh, floodplain forest, etc.) and providing a ranking, of exceptional
quality, high quality, moderate quality and low quality to all major wetland
communities within a wetland.
The major communities of a wetland also determine storm water
susceptibility. "The Storm Water and Wetlands: Planning and Evaluation
Guidelines for Addressing Storm Water and Snowmelt Runoff Impacts to
Wetlands", evaluates wetland communities, and places wetland communities
into the categories of highly susceptible, moderately susceptible, slightly
susceptible, and least susceptible to storm water and snowmelt runoff.
The wetland inventory conducted as part of this chapter placed the wetland
communities of the wetlands into the categories for floral diversity/integrity
and storm water and snowmelt susceptibility. A functional value index, which
is based on a scale of 0.1 to 1.0 with 0.1 being the lowest ranking and 1.0
being the highest ranking, was provided for each category as shown below:
Floral Diversityllntegrity Functional Value Index
Exceptional quality 1.0
High quality
Moderate quality
Low quality
0.75
0.5
0.1
.
Storm Water Susceptibility Functional Value Index
Highly susceptible 1.0
Moderately susceptible 0.75
Slightly susceptible 0.5
Least susceptible 0.1
Each wetland was given a ranking based on the functional value for each of
the major wetland communities or community within the wetlands. The overall
ranking for the wetland is based on a weighted average that incorporates the
area of the wetland community (%) and the functional value index (0.0 - 1.0)
for the wetland community within the wetland.
All wetlands located within a park or greenway corridor (as shown on the
wetland management plan map) will not have a wetland management
classification lower than manage 2. The overall wetland functional index
range for floral diversity/integrity and storm water susceptibility and the
associated wetland management classifications are shown in table 1 of this
subsection. Table 2 of this subsection shows how final wetland management
classifications were determined for an example wetland.
Table 1. Overall wetland functional index range for floral diversity/integrity and
storm water susceptibility and the associated wetland management
classification.
.
Floral Diversity/lntegrity And Storm Water
Susceptibility Functional Index (Range)
1.0 - 0.60
0.59 - 0.5
0.49 - 0.3
Less than 0.3
Wetland Management
Classification
Protect
Manage 1
Manage 2
Utilize
Table 2. Example showing, how final wetland management classifications were
determined.
Wetland Community Storm Water % Storm
ID Suscepti- Community Water
biljty Suscepti-
% Community
* Storm Water
Suscepti- bility
e
. bility Index Value
AV- Deep marsh Slightly 0.3 0.5 0.15
W7.2
AV- Shallow Moderately 0.6 0.75 0.45
W7.2 marsh
AV- Reed Least 0.1 0.1 0.1
W7.2 canary
monotype
Total: 0.61
Wetland Community Floral % Floral %
ID Diversity/Integrity Community Diversity/ Community *
Integrity Floral
Index Diversity/
Integrity
Value
AV- Deep Moderate 0.3 0.75 0.225
W7.2 marsh
AV- Shallow Moderate 0.6 0.75 0.45
W7.2 marsh
AV- Reed Low 0.1 0.10 0.1
W7.2 canary
monotype
Total: 0.685
.
Storm water susceptibility has a functional index of 0.61 and floral
diversity/integrity has a functional index of 0.685. They fall within the range of
protect (see table 1 of this subsection).
WETLANDS, MANAGE 1: These wetlands have plant communities that are in
a largely unaltered state. The vegetative communities of these wetlands are
characterized by moderate floral diversion and are slightly to moderately
susceptible to storm water and snowmelt impacts.
WETLANDS, MANAGE 2: These wetlands have usually been altered by
human activities. These wetlands have low to medium floral diversity and
wildlife habitat components. These wetlands are slightly susceptible to
impacts from storm water. In addition, if a wetland has characteristics of a
utilized basin but is located within a park or greenway corridor (as shown on
the wetland and waterbody classification map) it was put in this management
classification.
.
WETLANDS, PROTECT: These wetlands exist in a largely unaltered state
and have special and unusual qualities that call for a high level of protection.
These wetlands may provide habitat for rare, threatened and/or endangered
plant and animal species present; and/or have moderate to exceptional floral
diversity/integrity and moderate to high susceptibility to storm water and
snowmelt; and/or are within the designated trout stream corridor identified on
the city's wetland and waterbody classification map.
WETLANDS, UTILIZE: These wetlands have been significantly altered and
degraded through past disturbances. They may be isolated, with altered
hydrology from urban or agricultural land uses. These wetlands have low
floral diversity, and for the most part are not connected to other ecosystems.
These wetlands are the least susceptible to impacts from storm water.
(B)General Provisions:
1. This section shall apply to any applicant for a subdivision approval, or a
grading, excavation, or mining permit to allow wetland disturbing, activities after
June 7, 1999. Any drainaqe. fillinq. excavation. or other alteration of a public waters wetland or
wetland shall be conducted in compliance with Minnesota Statues. section 103G.245, the WCA
Minnesota Rules 8420. and requlations adopted hereunder. Wetlands on aqriculturalland
enrolled in the Federal Farm Proqram retain the WCA exemption as lonq as wetlands are:
a. not drained. excavated, or filled beyond that necessary to replace. maintain. or repair
existinq drainaqe infrastructure with a capacity not to exceed that which was oriqinally
constructed; or
b. replaced at a ratio of 1:1 or qreater under United States Department of Aqriculture
provisions as supported by documentation from the United States Department of
Aqriculture, which must be included as evidence to support this exemption.
Per the WCA, if the activity would result in loss of eliqibility or conversion to non-aqriculturalland
within 10 Years. the landowner cannot qualify for the exemption.
.Thi~section appli~~to alllan~,PLJbliC? orpriXClte,.locat~d vvithin th.e citY:....u
2. When any provision of any ordinance conflicts with this section, that which
provides more protection to the wetland or wetland buffer shall apply unless
specifically provided otherwise in this section; provided, such exceptions shall
not confljct with state regulations, such as the state shoreland program.
3. This section shall apply to all land containing wetlands and land within the
setback and buffer areas required by this chapter. 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.
.
.
Deleted: No subdivision approval. or
grading. permit to allow wetland
disturbing activities shall be issued
until approval of the wetland
replacement plan application or a
certificate of exemption has been
obtained in strict conformance with
the provisions of this section and the
Minnesota wetland conservation act.
.
.
.
.
4. A wetland is land that meets the definition of "wetlands" set forth in this
section. Wetlands have been identified and the wetland management
classification as established by the officially adopted city maps shall be prima
facie evidence of the location and classification of a wetlands. The official
maps shall be developed and maintained by the community development
department. The presence or absence of a wetland on the official maps does
not represent a definitive determination as to whether a jurisdictional wetland
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 section. It will be the responsibility of an applicant to
delineate the exact wetland boundary. All delineations must be reviewed by
the Dakota County soil and water conservation district. The Dakota County
soil and water conservation district will make recommendations to the city.
The city council has delegated delineation review authority to its staff. The city
will classify wetlands based on the criteria discussed under subsection (A) of
this section. The applicant shall get final delineation approval from the city.
5. Applicants seeking a change in wetland classification must submit to the
city a completed MNRAM version 1.0 form. The technical evaluation panel will
review the request for change. The technical evaluation panel will make a
recommendation to the city regarding the change in classification.
6. This subsection is applicable to wetlands that are determined to be
jurisdictional wetlands, based on delineation procedures of the wetland
conservation act.
7. This subsection establishes four (4) wetland classifications as defined in
subsection (A) of this section: protect, manage 1, manage 2, and utilize.
(C)General Standards:
1. The following standards apply to all lands within and/or abutting a wetland:
(a) Septic and soil absorption systems must be set back a minimum of one
hundred feet (1 QQ') from the city approved boundary of the wetland.
(b) Building elevation standards shall conform with the standards of the
Farmington surface water management plan.
(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 shall be followed to avoid
erosion and sedimentation during construction processes.
(D)No Net Loss And Wetland Alteration:
1. It is the intent of this section to avoid the alteration and destruction of
wetlands. When wetlands or their buffer areas are altered or destroyed,
mitigation must be provided to recreate the functions and values of the lost
wetland and/or buffer area. To achieve no net loss of wetlands except as
authorized by a wetland alteration permit issued by the city, a person may not
drain, grade, fill, remove healthy native vegetation, or otherwise alter or
destroy a wetland of any size or type. Any alteration to a wetlands permitted
by a wetland alteration permit, must be fully mitigated so that there is no net
loss of wetlands.
2. Where it is found that avoidance of direct impact on a wetland is not feasible,
wetland replacement shall be done as per agency .VR W lPO. Corps of Enl?:ineers,_
MnDNR. WCA standards. No pennits will be lITanted until the WCA replacement plan is approved
or exemption certificate is obtained. Wetland replacementlmitiqation sitinq must follow the priority
order below:
a. Mitiqation on-site
b. Mitiqation within the same minor subwatershed as established by the Minnesota Department of
Natural Resources for the "1979 Watershed Mappinq Project" pursuant to Minnesota Laws 1977.
chapter 455. section33. subdivision 7. paraqraph (a).
c. Mitiqation within the JPO boundary
d. Mitiqation within Dakota or Scott County
e. Mitiqation within maior watershed number 38: Mississippi & Lake Pepin. excludinq minor
subwatersheds 3800400.3800500.3800401.3801700.3800402. 3800200. 3800302. 3800600
3800800.3800301.3800300.3800700.3801601. 3800100. 3801800.3801200.3801100.
3801000. and 3800900. which are located in Goodhue County and are tributary to the Mississippi
River instead of the Vermillion River.
Transportation proiects shall pursue wetland mitiqation proiects to the extent practical usinq the
criteria above. However. this does not preclude the use of the BWSR Replacement Proqram.
.3. Drainage, grading, fiUing, ~~!ll()~alorhe_,?lthy na~ive vegeta.ti(~>n or_othe~iseu_ ....
altering or destroying a wetland of any size or type requires a wetland
alteration permit. Other activities in a wetland requiring a wetland alteration
permit include, but are not limited to:
(a) Construction of new streets and utilities.
(b) Installation of boardwalks.
4. When a wetland alteration permit is issued allowing filling in a wetland, the
following standards shall be followed:
.
Deleted: (corps of engineers,
department of natural resources), and city
(WeA)
.
Deleted: Replacement wetlands
shall be located within the city, if
feasible; if a suitable location is not
available preference shall be given to
areas within the major watershed
where the alteration is occurring. If no
location is available within the
watershed area, a replacement
location should be found within
Dakota County. ~
.
.
.
.
(a) Filling must be consistent with the Farmington surface water
management plan.
(b) Filling in wetland areas will be required to be mitigated in accordance
with the requirements of this section and the wetland conservation act.
5. When a wetland alteration permit is issued allowing dredging, excavating or
grading in a wetland the following standards shall be followed in order to preserve
WCA exemption or no loss determination in Types 1. 2. 6. and 7 wetlands:
(a) The dredging will not have a net adverse effect on the ecological and
hydrological characteristics of the wetland.
(b) It shall be located as to minimize the impact on vegetation and loss of
wetland function (as determined by the VRWJPO or LGU). Exceptions may be
allowed in basins dominated by invasive exotic species such as reed
canary grass (Phalaris arundinacea).
(c) It shall not adversely change water flow.
(d) The size of the dredged area shall be limited to the minimum required
for the proposed action.
(e) Disposal of the dredged material is prohibited within the wetland area
unless it is part of an approved wetland replacement plan.
(f) Disposal of any dredged material shall include proper erosion control
and nutrient retention measures.
(g) Dredging 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.
(h) Dredging in wetland areas will be required to be mitigated in accordance
with requirements of this section if the activity results in a loss of functional
wetland. Dredging to create water quality or habitat improvement~.may b~ . .-' [ Deleted: basins
allowed by the city where reasonable alternatives are not available or
where the wetland is of low quality and designated for this purpose by the
Farmington surface water management plan.
6. When a wetland alteration permit is issued allowing storm water runoff to
discharge directly into a wetland, the permit will include requirements established
by the Farmington surface water management plan. These requirements
establish a maximum high water level bounce and allowable phosphorus
loadings based on the city's wetland classification system. A protect or manaqe 1
public waters wetland or wetland may not be used for stormwater manaqement and treatment
unless the use will not adverselv affect the function and public value of the wetland and other
alternatives do not exist.
7. An applicant for a wetland alteration permit shall adhere to the following
principles in descending order of priority:
(a) Avoid the direct or indirect impact of the activity that may destroy or
diminish the wetland.
(b) Minimize the impact by limiting the decree or magnitude of the wetland
activity and its implementation.
(c) Rectify the impact by repairing, rehabilitating, or restoring the affected
wetland function and its implementation.
(d) Reduce or eliminate the impact over time by preservation and
maintenance operations during the life of the activity; and
(e) Replacing unavoidable impacts to the wetlands by restoring or creating
substitute wetland areas having equal or greater public value as set forth in
Minnesota rules 8420.0530 to 8420.0630.
8. A wetland alteration permit shall not be issued unless the proposed
development complies, within the provisions of the mitigation subsection of
this section, as well as the standards, intent, and purpose of this section.
(Ord. 002-469,2-19-2002)
(E)Wetland Buffer Areas:
1. For lots of record created after June 7, 1999 (date of original wetlands
ordinance adoption), a buffer area shall be maintained abutting all wetlands.
The following requirements shall be met concerning the wetland buffers:
(a) Where a buffer is required. the LGU shall require the protection of the buffer under a
conservation easement. or include the buffer in a dedicated outlot as part of plattinq and
subdivision approval. except where the buffer is located in a public transportation riqht-of-wav.
~b) A wetland line and wetland buffer delineation line mU!:jt be show" on. the..../
plan submitted to the city.
(c) An .2.illJence. shall b~.~rectElclat .the we~lan.d. buffer line during.. u
construction and shall not be removed until sod is installed on all lots
adjacent to the wetland buffer.
(d) Permanent monumentation shall be erected at the time of the
installation of the .2l11.fE?nce as r~q~ired in subsection (~)4 of .t.hi!:j ?ectj~n. . .
.
.'
Deleted: The wetland and buffer
shall be platted as an outlot if
established as part of a subdivision
application. All other applications
shall require dedication of a
conservation easement over a
wetland and buffer. ~
..... [ Deleted: orange
",[ Deleted: orange
.
.
(e) Building permits shall not be issued until mltfence and monumentation
is installed and disturbed areas of buffer are seeded, mulched, and disked.
2. Where acceptable natural veqetation exists in buffer areas. the retention of such veqetation in
an undisturbed state is required unless approval to replace such veqetation is received. A buffer
has acceptable veqetation if it:
a. Has a continuous, dense layer of perennial qrasses that has been uncultivated or unbroken for
at least 5 consecutive years: or.
b. Has an overstorv of trees and/or shrubs that has been uncultivated or unbroken for at least 5
consecutive vears: or.
c. Contains a mixture of the plant communities in 1 and 2 above that has been uncultivated or
unbroken for at least 5 years.
Buffers shall be staked and protected in the field prior to construction unless the veqetation and
the condition of the buffer are considered inadequate. Existinq conditions veqetation will be
considered unacceptable if:
a. Topoqraphy or sparse veqetation tends to channelize the flow of surface water
b. Some other reason the veqetation is unlikely to retain nutrients and sediment-
3.YJhere buffer veqetation and conditions are unacceptable. or have b~~n cultiva.ted or
otherwise disturbed within ten (10) years of the permit application, or where
approval has been obtained to replant buffers shall replanted and maintained accordinq to the
followinq Standards:
.
.<3. Buffers shall be planted with a native seed mix approved bv MnDOT. BWSR. NRCS or the
Dakota or Scott SWCD. with the exception of a one-time plantinq with an annual nurse or cover
crop. Plantinqs of native forbs and qrasses may be substituted for seedinq. All substitutions must
be approved by the LGU. Groupinqs/c1usters of native trees and shrubs. of species and at
densities appropriate to site conditions. shall also be planted throuqhout the buffer area.
b. The seed mix and plantinq shall be broadcast/installed accordinq to MnDOT, BWSR, NRCS or
Dakota or Scott SWCD specifications. The selected seed mixes and plantinqs for permanent
cover shall be appropriate for the soil site conditions and free of invasive species.
c. Buffer veqetation (both natural and created) shall be protected by erosion and sediment control
measures durinq construction.
d. Durinq the first five full qrowinq seasons. except where the LGU has determined veqetation
establishment is acceptable. the owner or applicant must replant buffer veqetation where the
veqetative cover is less than 90%. The owner or applicant must assure reseedinq/or replantinq if
the buffer chanqes at any time throuqh human intervention or activities.
i~)f\JO .fertilizer shall ~El_LJsedin establIshing new buffer areas.
iDApplicants may obtain from the city a set of standard seeding and
" - - - -- -- - - ------- - ---
planting specifications for buffer areas, which meet all the city
requirements. (Ord. 002-469, 2-19-2002)
.
( Deleted: orange
Deleted: Buffer area vegetation shall be
considered adequate when the buffer has
a continuous. dense layer of perennial
grasses. flowers. trees and/or shrubs.
Vegetation shall be considered
unacceptable if: ~
(a) It is composed of noxious weeds; or 1i
(b) Topography or sparse vegetation
tends to channelize the flow of surface
water; or 1i
(c) For some other reason the vegetation
is unlikely to retain nutrients and
sediment. (Ord. 003-497, 8-18-2003)
Deleted: Where buffer areas, or a
portion thereof, are not vegetated
Deleted: . such areas shall be
replanted and maintained according
to each of the following standards: ~
(
Deleted: a) Buffer areas shall be
planted with a seed mix containing
one hundred percent (100%)
perennial native plant species. except
for a one time planting of annual
nurse or cover crop such as oats or
rye. ~
(b) The seed mix to be used shall
consist of at least fifteen (15) pounds
pure live seed (PLS) per acre of
native grass seed and one pound
PLS per acre of native forbs. Native
grass and native forb mixes shall
contain no fewer than four (4) and five
(5) species respectively. ~
(c) The annual nurse or cover crop
shall be applied at a rate of twenty
(20) pounds per acre. ~
(d) Native shrubs may be substituted
for forbs. Such shrubs may be bare
root stock and shall be planted at a
rate of sixty (60) plants per acre.
Shrubs shall be distributed so as to
provide a natural appearance and
shall not be planted in rows. ~
(e) Buffer area plantings along the
Vermillion River corridor or other
areas of buffer area plantings along
trout stream habitat shall follow
planting guidelines included in the
Farmington surface water
management plan. (Approved tree
species are listed on figure 4-5 in the
Farmington surface water
management plan filed in the office of
the city clerk.) ~ CTiT
Deleted: (h) All seeded areas shall
be mulched immediately with clean
straw at a rate of 1.5 tons per acre.
Mulch shall be anchored with a disk
or tackifier. ~
(i) Buffer areas (both natural and
created) shall be protected by erosion
control measures as determined by
the city. These must be employed
during construction until permanent
ground cover is established to cr2f
4. Buffer areas shall be identified by permanent monumentation acceptable to
the city at every other lot corner or every three hundred feet (300'), whichever
is less, and at all angle points of lot. (Ord. 003-497, 8-18-2003)
5. Alterations, includinq buildinq, storaqe, pavinq, routine mowinq, burninq, plowinq, introduction
of noxious veqetation, cuttinq, dredqinq, filinq, mininq, dumpinq, qrazinq livestock, aqricultural
production, yard waste disposal. or fertilizer application are prohibited within any buffer. Periodic
mowinq or burninq, or the use of fertilizers and pesticides for the purpose of manaqinq and
maintaininq native veqetation is allowed. Noxious weeds may be removed and mechanical or
spot herbicide treatments mav be used to control noxious weeds, but aerial or broadcast sprayinq
is not acceptable, Prohibited alterations would not include plantinqs that enhance the natural
veqetation or selective clearinq or pruninq of trees or veqetation that are dead, diseased or pose
similar hazards, or as otherwise clarified in Section 6_
6. Where acceptable to adjacent properties, owners are encouraged to leave
dead trees and branches in the buffer area, because they are part of the
native natural environment and provide necessary habitat to many birds and
native wildlife.
7. The followinq activities shall be permitted within any buffer, and shall not constitute prohibited
alterations:
a. The followinq activities are allowed within both the minimum and averaqe buffer width areas:
. Use and maintenance of an unimproved access strip throuqh the buffer, not more than 10 feet
in width, for recreational access to the maior waterway or wetland and the exercise of riparian
riqhts.
. Structures that exist when the buffer is created.
. Placement, maintenance, repair, or replacement of public roads and utility and drainaqe
systems that exist on creation of the buffer or are required to comply with any subdivision
approval or buildinq permit obtained from the municipality or county, so lonq as any adverse
impacts of public road, utility, or drainaqe systems on the function of the buffer have been
avoided or minimized to the extent practical.
. Clearinq, qradinq, and seedinq is allowed if part of an approved Wetland Replacement Plan, or
approved Stream Restoration Plan.
. Construction of a multipurpose trail. includinq boardwalks and pedestrian bridqes, provided it is
constructed to minimize erosion and new impervious surface. and has an undisturbed area of
veqetative buffer at least ten (10) feet in width between the trail and the wetland or public waters
wetland edqe, or the bank of the maior waterway; or where needed to cross the maior waterway,
the minimum impact aliqnment is used.
. The construction of underqround utilities such as water. stormwater, and sanitary sewers and
pipelines provided the minimum impact aliqnment is used. the area is stabilized in accordance
with Section E3, and setbacks established in the Floodplain Alterations Standard Criteria 4 are
met.
b. The followinq activities are allowed within those portions of the averaqe buffer width that
exceed the minimum buffer width:
.
Deleted: The clearing and removal
of vegetation in the buffer area is
prohibited, except for selective
clearing and pruning of individual
trees and shrubs which are dead,
diseased, noxious weeds, or hazards.
.
-[ Formatted: Highlight
.
.
. Stormwater manaaement facilities. provided the land areas are stabilized in accordance with
Section E3. and alterations prohibited in Section E5 are upheld.
. The area of shallow veaetated infiltration and biofiltration facilities. and water auality ponds not
to exceed 50 percent of the pond area. adiacent to wetlands and maior waterways may be
included in buffer averaaina provided the facilities do not encroach into the minimum buffer width.
and the land areas are stabilized in accordance with Section E3. and alterations prohibited in
Section E5 are upheld.
~. All buffer areas are measured from the wetland edge as marked in the
field.
~. The following buffer area sizes are minimum requirements:
Wetland Manage Manage
Type: Protect 1 2 Utilize
Average buffer
width 75 feet 50 feet ~feet ~feet . [ Deleted: 25
100 feet "protect" wetlands in . [ Deleted: 0
the designated trout
stream corridor
Minimum 75 feet 30 feet 29. fe~t 16.5. . .' [ Deleted: 0
buffer feet ' [ Deleted: 0
Structure 1 0 feet 10 feet 10 feet o feet
setback
. from outer edge
of buffer
1Q. Any wetland restored, relocated, replaced or enhanced because of
wetland alterations should have at least the minimum buffer area required for
the class of the wetland involved.
11. The city may recommend buffer area averaging in instances where it will
provide resource protection to wetland or to valuable adjacent upland habitat,
or allow for reasonable use of property as described in subsection (8) of this
section, provided that the total buffer area on site contained in the buffer
remains the same.
Deleted: 11. For roadways, trails,
and driveways, or portions thereof,
that are routed across wetlands and
are subject to WCA replacement
requirements, no buffer areas shall be
required. Public trails that are routed
through wetlands for specific
interpretive purposes shall also be
exempted from this requirement. (See
illustration filed in the office of the city
clerk.) '11
.1~. If the.are~of the ,~uffer has,c:I preconstruction slope of twelv,e, percent ,u.. J
(12%) or greater, the buffer shall be at the maximum width for the applicant's
wetland classification. The use of a meandering buffer area to maintain a
natural appearance is encouraged but not required in areas of flat
topography.
.
(F)Wetland And Buffer Area Mitigation: Where wetland alteration is approved and
mitigation is required, mitigation must result in equal or improved wetland
function and value. Mitigation plans must address water quality improvement,
and maintenance of preexisting hydrological balance and wildlife habitat. The
wetland function and value will include improvement of water quality,
maintaining hydrological balance, and provision of wildlife habitat. Mitigation
will be performed at ratios required by the wetland conservation act to
achieve replacement of the wetland function and value.
.
The following criteria shall be required for wetland or buffer area mitigation:
1. Wetland mitigation will be performed at a ratio required by the wetland
conservation act. Buffers will be required to be replaced on the fill slope.
When a wetland is completely filled, the buffer area requirement associated
with the classification of the wetland that was filled will be required for the
replacement wetlands unless replacement is occurring adjacent to a wetland
with a higher classification. In this case, the buffer area requirement for the
higher wetland classification will apply.
2. Mitigation should always result in equal or improved wetland function and
value. The wetland function and value will include improvement of water
quality, maintaining hydrological balance, and provision of wildlife habitat.
3. Mitigation shall provide a buffer area as set forth in this section.
4. Mitigation shall maintain or enhance the wetland hydrological balance
through the following:
(a) Restoration of partially drained wetlands.
.
(b) Creation of new wetlands.
(c) Restoration of buffer area functions.
5. Mitigation shall provide for pretreatment of water prior to entry to the
wetland to improve water quality if required by the Farmington surface water
management plan.
6. Mitigation involving the buffer area shall provide landscaping for nesting,
and food for wildlife habitat. The buffer area landscape shall provide for
wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses,
herbaceous plants) to encourage wildlife diversity.
7. Wetland and buffer area mitigation should be undertaken on site. If this is
not feasible, mitigation should occur locally within the subwatershed. If this is
not possible, mitigation should occur outside the subwatershed, elsewhere in
.
.
.
.
the city. If mitigation cannot be accomplished on site, or if the city deems it
necessary to perform mitigation off site, the applicant shall be responsible for
contributing into the city's wetland restoration fund (described in the
Farmington surface water management plan). The contribution will be based
on the city's cost to create the new wetland. This includes, but is not limited
to, the cost of land, design, engineering, legal, and construction activities
needed to create the new wetland. The mitigation performed off site shall
meet the requirements of this section.
8. Wetland and buffer area plantings that are completed for mitigation shall
meet the standards for plantings specified in subsection (E) of this section.
(Ord. 002-469, 2-19-2002)
(F)Wetland And Buffer Area Mitigation: Where wetland alteration is approved and
mitigation is required, mitigation must result in equal or improved wetland
function and value. Mitigation plans must address water quality improvement,
and maintenance of preexisting hydrological balance and wildlife habitat. The
wetland function and value will include improvement of water quality,
maintaining hydrolo~lical balance, and provision of wildlife habitat. Mitigation
will be performed at ratios required by the wetland conservation act to
achieve replacement of the wetland function and value.
The following criteria shall be required for wetland or buffer area mitigation:
1. Wetland mitigation will be performed at a ratio required by the wetland
conservation act. Buffers will be required to be replaced on the fill slope.
When a wetland is completely filled, the buffer area requirement associated
with the classification of the wetland that was filled will be required for the
replacement wetlands unless replacement is occurring adjacent to a wetland
with a higher classification. In this case, the buffer area requirement for the
higher wetland classification will apply.
2. Mitigation should always result in equal or improved wetland function and
value. The wetland function and value will include improvement of water
quality, maintaining hydrological balance, and provision of wildlife habitat.
3. Mitigation shall provide a buffer area as set forth in this section.
4. Mitigation shall maintain or enhance the wetland hydrological balance
through the following:
(a) Restoration of partially drained wetlands.
(b) Creation of new wetlands.
(c) Restoration of buffer area functions.
5. Mitigation shall provide for pretreatment of water prior to entry to the
wetland to improve water quality if required by the Farmington surface water
management plan.
.
6. Mitigation involving the buffer area shall provide landscaping for nesting,
and food for wildlife habitat. The buffer area landscape shall provide for
wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses,
herbaceous plants) to encourage wildlife diversity.
7. Wetland and buffer area mitigation should be undertaken on site. If this is
not feasible, mitigation should occur locally within the subwatershed. If this is
not possible, mitigation should occur outside the subwatershed, elsewhere in
the city. If mitigation cannot be accomplished on site, or if the city deems it
necessary to perform mitigation off site, the applicant shall be responsible for
contributing into the city's wetland restoration fund (described in the
Farmington surface water management plan). The contribution will be based
on the city's cost to create the new wetland. This includes, but is not limited
to, the cost of land, design, engineering, legal, and construction activities
needed to create the new wetland. The mitigation performed off site shall
meet the requirements of this section.
8. Wetland and buffer area plantings that are completed for mitigation shall
meet the standards for plantings specified in subsection (E) of this section.
(Ord. 002-469, 2-19-2002)
.
.
.
.
.
10-6-18: SHORE LAND MANAGEMENT REGULATIONS:
(A)Purpose And Authorization:
1. Purpose: The uncontrolled use of shorelands affects the public health,
safety and general welfare by contributing to the pollution of public waters,
negative impacts on fish and wildlife habitat, and by impairing the local tax
base. Therefore, it is in the best interests of the public health, safety and
welfare to provide for the wise subdivision, use and development of
shorelands of public waters. The legislature of Minnesota has delegated
responsibility to local governments of the state to regulate the subdivision,
use and development of the shorelands of public waters and thus preserve
and enhance the quality of surface waters, conserve the economic and
natural environmental values of shorelands, and provide for the wise use of
waters and related resources. The city of Farmington hereby recognizes this
responsibility.
2. Statutory Authorization: This section is adopted pursuant to the
authorization and policies contained in MSA, chapter 103F, Minnesota
regulations, parts 6120.2500-6120.3900, and the planning and zoning
enabling legislation in MSA, chapter 462.
(B)General Provisions:
1. Jurisdiction: The provisions of this section shall apply to the shorelands of
the public water bodies as identified in subsection (D) of this section.
Pursuant to Minnesota regulations, parts 6120.2500-6120.3900, flowage less
than ten (10) acres in size is exempt from the requirements under this
section.
2. Application: This section shall apply to any applicant for a subdivision
approval, or permit for grading, excavation, or mining in shoreland areas
issued after July 15, 2002. This section applies to all land, public or private,
located within the city.
3. Abrogation And Greater Restriction: It is not intended by this section to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this section imposes greater restrictions, the
provisions of this section shall prevail. All other sections of this code
inconsistent with this section are hereby repealed to the extent of the
inconsistency only.
4. Compliance: The use of any shoreland of public waters; the size and shape
of lots; the use, size, type and location of structures on lots; the installation
and maintenance of water supply and waste treatment systems, the grading
and filling of any shoreland area; the cutting of shoreland vegetation; and the
subdivision of land shall be in full compliance with the terms of this section
and other applicable regulations.
.
5. Interpretation: In their interpretation and application, the provisions of this
section shall be held to be minimum requirements and shall be liberally
construed in favor of the city and shall not be deemed a limitation or repeal of
any other powers granted by state statutes.
6. Severability: If any section, clause, provision, or portion of this section is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this section shall not be affected thereby.
(C)Administration:
1. Variances: The planning commission shall hear and decide requests for
variances in accordance with the rules that it has adopted for the conduct of
business. When a variance is approved after the department of natural
resources has formally recommended denial in the hearing record, the
notification of the approved variance required in subsection (C)2 of this
section shall also include the summary of the public record/testimony and the
findings of fact and conclusions that support the issuance of the variance.
2. Notifications To The Department Of Natural Resources: Copies of all
notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to
the commissioner of the department of natural resources or the
commissioner's designated representative and postmarked at least ten (10)
days before the hearings. Notices of hearings to consider proposed
subdivisions/plats must include copies of the subdivision/plat. A copy of
approved amendments and subdivisions/plats, and final decisions granting
variances or conditional uses under local shoreland management controls
must be sent to the commissioner of the department of natural resources or
the commissioner's designated representative and postmarked within ten (10)
days of final action.
.
(D)Shoreland Classification System And Land Use Districts:
1. Shoreland Classification System: The public waters of the city of
Farmington have been classified below consistent with the criteria found in
Minnesota regulations, part 6120.3300, and the protected waters inventory
map for Dakota County, Minnesota.
(a) Agricultural
Rivers
Vermillion River
Location
T. 113N, R. 20W, Section 1 and
.
.
1. 114 N, R. 19W, Sections 29, 30, and 31
And R. 20W, Section 36
(b) Tributary Rivers/Streams *
North Creek 1. 114N, R. 20W, Sections 3, 4, 8, 9, 10, 11, 12, 13 and
1. 114N, R. 19W, Sections 18,19, and 30
Middle Creek T. 114N, R. 19W, Section 30 and
T. 114N, R. 20 W, Sections 15, 16, 17,21,22,25 and
26
South Creek 1. 114N, R.20W, Sections 19, 20, 29, 32, 33, 34, 35,
and 36
*AII protected watercourse in the city of Farmington shown on the protected
waters inventory map for Dakota County, a copy of which is hereby
adopted by reference, not given a classification above shall be considered
"tri butary".
The shoreland area for these waterbodies shall be shown on the official
zoning map.
2. Land Use Districts For Rivers And Streams: The land use districts identified
in chapter 5 of this title, and the allowable land use therein for the given
classifications of waterbodies, shall be properly delineated on the official
zoning map for the shorelands of Farmington.
. P = permitted use
C = conditional use
Agricultural Tributary
(a) Residential
District:
Duplex, triplex, P P
quad
residential
Extractive use C C
Forest P P
management
Parks/historic P P
sites
Semipublic C C
.
Single residential P P
(b) High Density .
Residential:
Duplex, triplex, P P
quad
residential
Forest P P
management
Parks/historic P P
sites
Residential PUD C C
Semipublic C C
Single residential P P
(c) General Use
District:
Commercial C C
Commercial PUD* C C
Extractive use C C
Forest P P
management
Industrial N C
Parks/historic P P .
sites
Public/semipublic C C
*Limited expansion of a commercial planned unit development involving up
to six (6) additional dwelling units or sites may be allowed as a permitted
use provided the provisions of the city's PUD requirements are satisfied.
3. Uses And Upgrading Of Inconsistent Land Use Districts:
(a) The land use districts adopted in this title, as they apply to shoreland
areas and their delineated boundaries on the official zoning map, are not
consistent with the land use district designation criteria specified above.
These inconsistent land use district designations may continue until
revisions are proposed to change either the land use district designation
within an existing land use district boundary shown on the official zoning
map, or to modify the boundary of an existing land use district shown on the
official zoning map.
.
.
.
.
(b) When a revision to a land use district designation on a river or stream is
proposed, the land use district boundaries and the use provisions therein
for all shoreland on both sides of the river or stream within the same
classification within the jurisdiction of this section must be revised to make
them substantially compatible within the framework of this section. If the
same river classification is contiguous for more than a five (5) mile
segment, only the shoreland for a distance of 2.5 miles upstream and
downstream, or to the class boundary if closer, need be evaluated and
revised.
(c) When an interpretation question arises about whether a specific land
use fits within a given "use" category, the planning commission shall decide
the issue. When a question arises as to whether a land use district's
boundaries are properly delineated on the official zoning map, this decision
shall be made by the city council.
(d) When a revision is proposed to an inconsistent land use district
provision by an individual party or landowner, this individual party or
landowner will only be responsible to provide the supporting and/or
substantiating information for the specific parcel in question. The city
council will direct the city planner/community development director to
provide such additional information for this waterbody as is necessary to
satisfy the requirements under subsections (0)1 and (0)2 of this section.
(e) The city council shall make a detailed finding of fact and conclusion
when taking final action establishing that the revision, and the upgrading of
any inconsistent land use district designations on said waterbody, are
consistent with the enumerated criteria and use provisions of this
subsection.
(E)Zoning And Water Supply/Sanitary Provisions:
1. Lot Area And Width Standards:
(a) Rivers/Stream Lot Width Standards: There is no minimum lot size
requirement for rivers and streams. The lot width standards (in feet) for
single, duplex, triplex, and quad residential lots created after the date of
enactment of this section for the river and stream classifications are the
following:
Agricultural Tributary
Single
Duplex
Triplex
150
225
300
75
115
150
Quad
375
190
(b) Additional Special Provisions: Residential subdivisions with dwelling unit
densities exceeding those in the table above can only be allowed if
designed and approved as residential planned unit developments. Lot width
standards must be met at both the ordinary high water level and at the
building line. These standards assume that publicly owned sewer system
service is available to the property.
.
2. Placement, Design And Height Of Structures:
(a) Placement Of Structures On Lots: When more than one setback applies
to a site, structures and facilities must be located to meet all setbacks.
Where structures exist on the adjoining lots on both sides of a proposed
building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the ordinary high water level,
provided the proposed building site is not located in a shoreline buffer area.
Structures and on site sewage treatment systems shall be set back (in feet)
from the ordinary high water level as follows:
Sewage Structures
Water Classification Unsewered
Treatment
Sewered
Agricultural river
Tributary
river/stream
100
100
100
50
Systems
100
75
Where averaging is allowed, structure setbacks cannot be less than fifty
percent (50%) of the minimum setback.
.
(b) Design Criteria For Structures:
(1) Water Oriented Accessory Structures: Each lot may have one water
oriented accessory structure not meeting the normal structure setback
requirements of this section if this water oriented accessory structure
complies with the following provisions:
A. The structure or facility must not exceed ten feet (10') in height,
exclusive of safety rails, and cannot occupy an area greater than two
hundred fifty (250) square feet. Detached decks must not exceed eight
feet (8') above grade at any point.
B. The setback of the structure or facility from the ordinary high water
level must be at least ten feet (10').
.
.
.
.
C. The structure or facility must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, or color, assuming summer, leaf-on
conditions.
D. The roof may be used as a deck with safety rails but must not be
enclosed or used as a storage area.
E. The structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities.
(2) High Water Elevations: Structures must be placed in accordance with
any floodplain regulations applicable to the site.
(3) Structures Without Water Oriented Needs: Structures without water
oriented needs must be placed on nonriparian lots, or be double the
structure setback, or screened from view from public waters by
vegetation, topography, or both.
3. Shoreland Buffer Areas:
(a) Application: For lots of record created after July 15, 2002, a buffer area
shall be maintained abutting all rivers and streams. Buffer vegetation shall
be established and maintained in accordance with the requirements that
follow.
Jb) Where acceptable natural veqetation exists in buffer areas. the retention of . . ........( Formatted: Font: 12 pt
such veoetation in an undisturbed state is required unless approval to replace
such veqetation is received. A buffer has acceptable veqetation if it:
(1) Has a continuous. dense layer of perennial qrasses that has been
uncultivated or unbroken for at least 5 consecutive years: or,
(2) Has an overstorv of trees and/or shrubs that has been uncultivated or
unbroken for at least 5 consecutive years; or,
(3) Contains a mixture of the plant communities in 1 and 2 above that has
been uncultivated or unbroken for at least 5 years.
(c) Buffers shall be staked and protected in the field prior to construction unless
the veoetation and the condition of the buffer are considered inadequate. Existino
conditions veoetation will be considered unacceptable if:
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at:
0.25" + Tab after: 0.5" + Indent at:
OS'
'. Formatted: Bullets and Numbering
11). Topoqraphy or sparse veqetation tends to channelize the flow of surface ,~,>"._" Deleted: a
water . Formatted: Indent: Left: 0.25"
12). Some other reason the veqetation is unlikely to retain nutrients and _n."'---( Deleted: b
sediment.
.' Deleted: c
(,d) Where buffer veqetation and conditions are unacceptable, or have been .______hh'."..... Formatted: Font: 12 pt
cultivated or otherwise disturbed within ten (10) years of the permit application.. or _,/ {Formatted: Font: 12 pt
where approval has been obtained to replant. buffers shall replanted and .:( d ft "
. . d d' t th f II . St d d : '. Formatted: In ent: Le : 0.25
malntalne accor InQ 0 e 0 oWlnq an ar s: :"'l
/: , Formatted: Font: 12 pt
(1). Buffers shall be planted with a native seed mix approved by MnDOT,..h..../" :' Formatted: Font: 12 pt
BWSR, NRCS or the Dakota or Scott SWCD, with the exception of a one-time : Formatted: Font: 12 pt
plantinq with an annual nurse or cover croP. Plantinqs of native forbs and n Formatted: Not Highlight
orasses may be substituted for seedino. All substitutions must be approved i! [ Formatted: Indent: Left: 0"
bv the LGU. Groupinqs/clusters of native trees and shrubs, of species and at ::" Deleted: (b) Buffer Area Vegetation
densities appropriate to site conditions, shall also be planted throuqhout the :' Requirement~: Buffer area vegetation
:: shall be considered adequate when
buffer area. .' the buffer has a continuous, dense
"
(2). The seed mix and plantino shall be broadcast/installed accordinq to .: i layer of perennial grasses, flowers,
" .. .. . trees, and/or shrubs that have been
MnDOT, BWSR. NRCS or Dakota or Scott SWCD speCifications. The ,': undisturbed for at least ten (10)
selected seed mixes and plantinQs for permanent cover shall be appropriate ,',' consec~tive years. Vegetatio~ shall
f th 'I't d't' d f f .. . " i' be considered unacceptable if: ~
or e SOl Sl e con I Ions an ree 0 InvaSive species. i': ,': (1) It is composed of noxious weeds; ~
(3). Buffer vegetation (both natural and created) shall be protected by erosion !: ,; (2) Topography or sparse vegetation
" . .. . .", i: tends to channelize the flow of
and sediment control measures dunno construction. : surface water; ~
(4). Durino the first five full orowinq seasons, except where the LGU has r (3) For some other reason the
" . . . . . ... - i' vegetation IS unlikely to retain
determined veqetatlon establishment IS acceptable, the owner or applicant r nutrients and sediment. ~
must replant buffer veqetation where the veqetative cover is less than 90%. i~ (c) .Requirements For Replanting And
. .. . r Maintenance Of Buffer Areas: Where
The owner or applicant must assure reseedlnq/or replantlnO If the buffer I buffer areas, or a portion thereof, are
chanqes at any time throuqh human intervention or activities. ( not.vegetated, or have been
t cultivated or othelWlse disturbed
f within the past ten (10) years of the
permit application, such areas shall
Ii
be replanted and maintained
according to each of the following
standards: ~
i (1) Buffer areas shall be planted
I a seed mix containing one hundr
i percent (100%) perennial native p
I species, except for a one time
I planting of annual nurse or cover crop
~tB.u.~~.r .1.~.e.n.tif)~~ti.o.n:__B.u.~e.ra.~e~~. .shall.b.eJ~E?rltifi.ed.by RE?rf11 CirlEl nt" ... __" __ __" __..} ~~)c~ha: :e~~ ~i7t~ ~e used shall
monumentation acceptable to the city. In residential subdivisions, a monument is', consist of at least fifteen (15) pounds
required for each lot. In other situations, a monument is required for each three pure live seed (PLS) per acre of
native grass seed and one pound
hundred feet (300') of wetland edge. PLS per acre of native forbs. Native
grass and native forb mixes shall
contain no fewer than four (4) and five
(5) species respectively. ~
(3) The annual nurse or cover crop
shall be applied at a rate of twenty
(20) pounds per acre. ~
(4) Native shrubs may be substituted
for forbs. Such shrubs may be bare
root stock and shall be planted at a
rate of sixty (60) plants per acre.
Shrubs shall be distributed so as to
provide a natural appearance and
shall not be planted in rows. ~ ... 1
(5). No fertilizer shall be used in establishinq new buffer areas.
(6). Applicants may obtain from the city a set of standard seedino and
plantinq specifications for buffer areas, which meet all the city requirements.
(Ord. 002-469, 2-19-2002)
(j) Vegetation9learingOr RelllovCiI: .T~~.~Iearirlg.Cirlcj. ~~movalof v~g~ta.~i.on..irl"h
the buffer area is prohibited, except for selective clearing and pruning of
individual trees that are dead, diseased, noxious weeds, or hazards. Owners are
encouraged to leave dead trees and branches in the buffer area, because they
are part of the native natural environment and provide necessary habitat to many
birds and native wildlife.
(.g). PLl ~Ri.l}g .1.1}. _B_l:l_~e.~ _f\rE?Ci~~. g.~ .rnR!~g .Y.~.~~_ _~Ci~te. .i.I}. .~.~ffE?r. ~!:~.a.s,. !~~.I.u~! ~g.... _ _ _ _. __
leaves and grass clippings, is prohibited by this section. ....
Deleted: d
........'l Deleted: e
Deleted: f
.
.
.
.
Q:l) Determination Of Buffer Areas: All buffer areas are measured from the
ordlnarY-li(g"tl' water level as marked in'the'field. ....00 ... ....
.CD. fv1.It:l.Ir:nLJm B.l:I.ff~l"~~~as.: Buffers shall be established adiacent to ....
maior waterwavs as shown and classified on Map 1 - Vermillion River
Watershed attached to the VRWJPO Standards, and as described for
the various classifications below.
Conservation Corridor:
(1). Lower Reach (Vermillion River downstream of Biscayne Avenue) -
lSD-foot averaqe, lOO-foot minimum measured from the edqe of the
meander belt of the river.
(2). Upper Reach (Vermillion River upstream of Biscavne Avenue and
South Branch Vermillion River) - lSD-foot averaqe, 100-foot minimum
measured from the edqe of the meander belt of the river.
(3). Aquatic Corridor - Principal Connector:
Required buffer width 100-foot averaqe, 6S-foot minimum measured
from the edqe of the meander belt of the river.
..... [Deleted: 9
..... { Formatted: Font: Verdana
.....( Deleted: h
....... ( Formatted: Font: Verdana
...... ( Formatted: Font: Verdana
...... { Formatted: Font: Verdana
...... ( Formatted: Font: Verdana
(4). Aquatic Corridor - Principal Connector with Trout Stream .... ..(Formatted:Font:Verdana
Desiqnation: 100 foot, no averaqinq, as required bv the General
Permit Authorization to Discharqe Storm Water Associated With
Construction Activitv Under the National Pollutant Discharqe
Elimination Svstem/State Disposal System Permit Program Permit MN
R10000l (NPDES General Construction Permit) issued bv the
Minnesota Pollutant Control Aqencv, Auqust 1, 2003.
(6). Aquatic Corridor - Tributary Connector:
50-foot averaqe, 3S-foot minimum: plus 2 feet for everv 1 percent of
slope measured from the edqe of the meander belt of the tributarv.
(7). Water Qualitv Corridor: ................. ..... . ..... ..... .. _ moo' .. .. ...._.__
3D-foot averaqe, 20-foot minimum where there is a flow path for
concentrated surface runoff measured from the center line of the flow
path.
. - - - --
(j) Buffer Averaging: The city may recommend buffer averaging for buffers
in Elreas designated 'manage1': manage'i'cir greenway"corridors. in . -
instances where it will provide resource protection to a valuable adjacent
upland habitat, or allow for reasonable use of property, provided that the
. ( Formatted: Font: Verdana
...... [ Formatted: Font: Verdana
Deleted: The following buffer.sires
Brei'iiiiiimum requirements!
Classification of shoreland areasaoo
buffer sizes are consistent with thJ
!:ity's wetland buffer sfandards! '\I
,6y"e.rage,Stream~Type ... 2
...., 'f Formatted: Highlight
, ( Deleted: i
total buffer area on site contained in the buffer area remains the same. No
buffer averaging is allowed for trout stream buffers.
(.!s,)p_u)::llic IrC3i.I__E~.e.rnp'~!()~:p~~Ii_~.tr.ail!5 .th.~.tare .~()u.te.d.t.~_~<?ugh__str~~!n __ __ _ ___ ._..----- ( Deleted: j
buffers for specific interpretive purposes shall be exempted from this
requirement.
~
Q). tv1Cl)(i.rllLJ_I!l. Wicjth: . If. !h~ClreCl_()qt1.e..b.u.ff~.~ .h.~.~.~. p~~~()~s_~~~_~_ti()l1. !51.op.~..of... _ ____ ____ { Deleted: k
twelve percent (12%) or greater, the buffer shall be at the maximum width
for the applicant's stream classification. The use of a meandering buffer
area to maintain a natural appearance is encouraged, but not required in
areas of flat topography.
(m). ~_t_~e.a.l1l. .E3LJ~e_r .J\r~~ tv1 itiga.t}ql1: _ Y\'.here. .a!t~rClti()r1()f .? .~~r.e.a.rn. .b.LJff~r. ~r.~~.. _ ....-.- ( Deleted: I
is approved and mitigatjon is required, mitigation must result in equal or
improved buffer function and value. Mitigation plans must address water
quality protection and wildlife habitat. The following criteria shall be required
for stream buffer area mitigation:
(1) Buffer Replacement: Buffers must be required at a one to one (1: 1)
ratio. The buffer requirement associated with the stream classification will
be required for the replacement buffer, unless replacement is occurring
adjacent to a stream with a higher classification. In this case, the buffer
area requirement for the higher stream classification will apply.
(2) Mitigation Goals: Mitigation shall be equal to or shall improve buffer
function and value. The function and value will include protection of water
quality and provision of wildlife habitat.
.
(3) Wildlife Diversity: Mitigation involving the buffer area shall provide
landscaping for nesting, food for wildlife, wildlife cover, and utilize a
diversity of native flora (trees, shrubs, grasses, herbaceous plants) to
encourage wildlife diversity.
(4) Trout Streams: Mitigation in buffer areas along trout streams shall
require landscaping that protects trout habitat, such as trees, shrubs, and
tall native grasses that shade the stream.
(5) Area Of Mitigation: Stream buffer mitigation should be undertaken on
site. If this is not feasible, mitigation should occur locally within the
subwatershed. If this is not possible, mitigation should occur outside the
subwatershed, elsewhere in the city.
(6) Buffer Plantings: Stream buffer area plantings that are completed for
mitigation shall meet the standards for plantings specified in subsection
(E)4 of this section.
.
.
4. Shoreland Alterations: Alterations of vegetation and topography will be
regulated to prevent erosion into public waters, fix nutrients, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
(a) Vegetation Alteration:
(1) Standards: Removal or alteration of vegetation, except of agricultural
uses as regulated in subsection (E)7 of this section is allowed subject to
the following standards:
A. Intensive vegetation clearing within the shore zone and on steep
slopes is prohibited.
B. In shore impact zones and on steep slopes, limited clearing of trees
and shrubs and cutting, pruning, and trimming of trees is allowed to
provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings, picnic areas,
access paths, livestock watering areas, beach and watercraft access
areas, and permitted water oriented accessory structures or facilities,
provided that:
i. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not
substantially reduced;
ii. Existing shading of water surfaces is preserved along rivers; and
.
iii. The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety hazards.
(2) Exemption: Vegetation alteration necessary for the construction of
structures and sewage treatment systems and the construction of roads
and parking areas regulated by subsection (E)5 of this section are
exempt from this subsection.
(b) Topographic Alterations/Grading And Filling:
(1) Grading and filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways under validly
issued construction permits for these facilities do not require the issuance
of a separate grading and filling permit. However, the grading and filling
standards in this section must be incorporated into the issuance of
permits for construction of structures, sewage treatment systems, and
driveways.
.
(2) Public roads and parking areas are regulated by subsection (E)5 of
this section.
(3) Notwithstanding subsections (E)4(b)(1) and (E)4(b)(2) of this section,
a grading and filling permit will be required for:
.
A. The movement of more than ten (10) cubic yards of material on
steep slopes or within shore or bluff impact zones; and
B. The movement of more than fifty (50) cubic yards of material outside
of steep slopes and shore and bluff impact zones.
Excavations where the intended purpose is connection to a public
water, such as boat slips, canals, lagoons, and harbors, must be
controlled by local shoreland controls. Permission for excavations may
be given only after the commissioner has approved the proposed
connection to public waters.
(4) Conditions For Approval: The following considerations and conditions
must be adhered to during the issuance of construction permits, grading
and filling permits, conditional use permits, variances and subdivision
approvals:
A. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be
evaluated to determine how extensively the proposed activity would
affect the following functional qualities of the wetland*:
i. Sediment and pollutant trapping and retention;
ii. Storage of surface runoff to prevent or reduce flood damage;
.
iii. Fish and wildlife habitat;
iv. Recreational use;
v. Shoreline or bank stabilization; and
vi. Noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals, or
others.
*This evaluation must also include a determination of whether the
wetland alteration being proposed requires permits, reviews, or
approvals by other local, state, or federal agencies such as a
watershed district, the Minnesota department of natural resources,
.
.
or the United States army corps of engineers. The applicant will be
so advised.
B. Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for the
shortest time possible;
C. Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover must
be established as soon as possible;
D. Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
E. Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the local
soil and water conservation districts and the United States soil
conservation service;
F. Fill or excavated material must not be placed in a manner that
creates an unstable slope;
G. Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and
must not create finished slopes of thirty percent (30%) or greater;
H. Fill or excavated material must not be placed in bluff impact zones;
.
I. Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under MSA, section
105.42;
J. Alterations of topography must only be allowed if they are accessory
to permitted or conditional uses and do not adversely affect adjacent or
nearby properties;
K. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed three feet (3') horizontal to one foot (1') vertical,
the landward extent of the riprap is within ten feet (10') of the ordinary
high water level, and the height of the riprap above the ordinary high
water level does not exceed three feet (3').
5. Placement Of Roads, Driveways, And Parking Areas:
.
(a) Design Requirements: Public and private roads and parking areas shall
be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters. Applicants shall
provide documentation by a qualified engineer establishing that all roads
and parking areas are designed and constructed to minimize and control
erosion to public waters consistent with the field office technical guides of
the local soil and water conservation district, or other applicable technical
materials.
.
(b) Setbacks: Roads, driveways, and parking areas must meet structure
setbacks and must not be placed within bluff and shore impact zones, when
other reasonable and feasible placement alternatives exist. If no
alternatives exist, they may be placed within these areas, and must be
designed to minimize adverse impacts.
(c) Shore Impact Zones: Public and private watercraft access ramps,
approach roads, and access related parking areas may be placed within
the shore impact zones provided the vegetative screening and erosion
control conditions of this subsection are met. For private facilities, the
grading and filling provisions of this section must be met.
6. Storm Water Management:
(a) Natural Drainageways: When possible, existing natural drainageways,
wetland, and vegetated soil surfaces must be used to convey, store, filter,
and retain storm water runoff before discharge to public waters.
(b) Reduction Of Runoff Volumes: Development must be planned and
conducted in a manner that will minimize the extent of disturbed areas,
runoff, velocities, erosion potential, and reduce the delay runoff volumes.
Disturbed areas must be stabilized and protected as soon as possible and
facilities or methods used to retain sediment on the site.
.
(c) Design Criteria: When development density, topographic features, and
soil and vegetation conditions are not sufficient to adequately handle storm
water runoff using natural features and vegetation, various types of
constructed facilities, such as diversion, settling basins, skimming devices,
dikes, waterways, and ponds may be used. Preference must be given to
designs using surface drainage, vegetation, and infiltration rather than
buried pipes and manmade materials and facilities.
(d) Impervious Surface Coverage: Impervious surface coverage of lots
must not exceed twenty five percent (25%) of the lot area.
(e) Documentation Required: When constructed facilities are used for storm
water management, documentation must be provided by a qualified
.
.
.
.
engineer that they are designed and installed consistent with the field office
technical guide of the local soil and water conservation district.
(f) Storm Water Outfalls: New constructed storm water outfalls to public
waters must provide for filtering or settling of suspended solids and
skimming of surface debris before discharge.
7. Agricultural Use Standards:
(a) General Requirements: General cultivation farming, grazing, nurseries,
horticulture, truck farming, sod farming, and wild crop harvesting are
permitted uses if steep slopes and shore impact zones are maintained in
permanent vegetation or operated under an approved conservation plan
(resource management systems) consistent with the field office technical
guides of the local soil and water conservation districts or the United States
soil conservation service, as provided by a qualified engineer or agency.
The shore impact zone for parcels with permitted agricultural land uses is
equal to a line parallel to and fifty feet (50') from the ordinary high water
level.
(b) Animal Feedlot Standards: Animal feedlots must meet the following
standards:
(1) New feedlots must not be located in the shoreland or watercourses or
in bluff impact zones, and must meet a minimum setback of three
hundred feet (300') from the ordinary high water level of all public water
basins; and
(2) Modifications or expansions to existing feedlots that are located within
three hundred feet (300') of the ordinary high water level or within a bluff
impact zone are allowed if they do not further encroach into the existing
ordinary high water level setback or encroach on bluff impact zones.
(F)Nonconformities: All legally established nonconformities as of the date of this
section may continue, but they will be managed according to applicable state
statutes and other regulations of this community for the subjects of alterations
and additions, repairs after damage, discontinuance of use and intensification
of use.
1. Construction On Nonconforming Lots Of Record:
(a) Lots of record in the office of the county recorder on the date of
enactment of local shoreland controls that do not meet the requirements of
subsection (E)1 of this section may be allowed as building sites without
variance from lot size requirements provided the use is permitted in the
zoning district, the lot has been in separate ownership from abutting lands
at all times since it became substandard, was created compliant with official
controls in effect at the time, and sewage treatment and setback
requirements of subsection (E)1 of this section are met.
.
(b) A variance from setback requirements must be obtained before any use,
sewage treatment system, or building permit is issued for a lot. In
evaluating the variance, the board of adjustment shall consider sewage
treatment and water supply capabilities or constraints of the lot, and shall
deny the variance if adequate facilities cannot be provided.
(c) If, in a group of two (2) or more contiguous lots under the same
ownership, any individual lot does not meet the requirements of subsection
(E)1 of this section, the lot must not be considered as a separate parcel of
and for the purposes of sale or development. The lot must be combined
with one or more contiguous lots so they equal one or more parcels of land,
each meeting the requirements of subsection (E)1 of this section as much
as possible.
2. Additions/Expansions To Nonconforming Structures:
(a) Structure Additions: All additions or expansions to the outside
dimensions of an existing nonconforming structure must meet the setback,
height and other requirements of subsection (E) of this section. Any
deviation from these requirements must be authorized by a variance.
(b) Deck Additions: Deck additions may be allowed without a variance to a
structure not meeting the required setback from the ordinary high water
level if all of the following criteria and standards are met:
(1) The structure existed on the date the structure setbacks were
established;
.
(2) A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing ordinary
high water level setback of the structure;
(3) The deck encroachment toward the ordinary high water level does not
exceed fifteen percent (15%) of the existing setback of the structure from
the ordinary high water level or does not encroach closer than thirty feet
(30'), whichever is more restrictive; and
(4) The deck is constructed primarily of wood, and is not roofed or
screened. (Ord. 002-477, 7-15-2002)
.
.
10-6-27: EROSION CONTROL REQUIRED:
(A)A property owner or contractor who removes substantial vegetative growth
for any reason including landscaping, excavates for a building foundation or
other purpose, or adds soil or other fill on property within the city shall adhere
to erosion control measure standards and specifications contained in the
Minnesota pollution control agency publication "Protecting Water Quality In
Urban Areas", as may be amended, the city of Farmington comprehensive
plan and official controls, the General Permit Authorization to Discharqe
Storm Water Associated Wjth Construction Activity Under the National
Pollutant Discharqe Elimjnation System/State Disposal System Permit
Proqram Permit MN R100001 (NPDES General Construction Permit) issued
by the Mjnnesota Pollutant Control Aqency, Auqust 1, 2003, as amended for
projects disturbinq more than 1 acre, and any applicable water management
plan of the city or other governmental units. Except as other measures are
required by the above documents and plans, property owners and contractors
shall take the necessary precautions, outlined below, to prevent soil erosion,
damage to adjacent property and control of surface water runoff. The city may
impose additional erosion control requjrements if, in the opinion of the director
of public works or designee, said measures are necessary to protect adjacent
properties and manage surface water runoff.
.
1. No land shall be developed and no use shall be permitted that results in
water runoff causing flooding, erosion, or deposit of sediment on adjacent
propertjes. Such runoff shall be properly channeled into a storm drain,
watercourse, ponding area, or other public facilities subject to the review and
approval of the director of public works or designee. Appropriate erosion
control measures shall be taken throughout the construction process. They
include, but are not necessarily limited to, the use of erosion control fences,
wood fiber blankets, rock construction entrances, seeding and/or mulch.
Other techniques or combinations of the above may be used. The erosion
control measures shall be maintained and repaired throughout construction
and until such time as the property has been ejther sodded or a seeded
vegetative cover has taken hold. All temporary erosion control devices
including silt fence, gravel, hay bales or other measures shall be removed
from the construction site and properly disposed of or recycled. This removal
and disposal must occur within thirty (30) days of the establishment of
permanent vegetative cover on the disturbed area. Final stabjlization of the
site must be completed in accordance with the NPDES General Construction
Permit requirements.
.
2. Proposed erosion control measures may be approved by the director of
public works, or designee, as part of site plan, landscaping or grading plan
reviews. Erosion control may be specified by the director of public works, or
designee, as part of a site survey for individual building permits or other city
approvals. Erosion control measures may also be specified by the director of
public works, or designee, as needed and deemed appropriate during the
construction and postconstruction periods for permitted or unpermitted
activities separate from the above.
.
3. No dirt piles or spoil banks shall remain exposed without a protective cover
to prevent erosion for a period longer than seven (7) days. No soil surface
shall remain exposed without seeding, if allowed, or sodding or by mulching
or covering or other equivalent control measure for a period longer than
seven (7) days. Seed shall be a blend of rye grass or other fast germinating
seed in addition to perennial grasses suitable for the soil and the exposure of
the area to sunlight. All seeded areas shall be mulched and disc anchored, or
covered with a Minnesota department of transportation approved fiber
blanket, as necessary for erosion protection and seed retention. The
contractor should recognize that time is of the essence in controlling erosion.
4. Mud, dirt, or other sediment carried onto city streets, trails or adjacent
properties from the building site shall be removed by the property owner or
contractor prior to the close of each work day. If cleanup of the mud, dirt or
other sediment is not carried out as required above, the director of public
works, or designee, may direct city crews and/or contract a third party to
complete the cleanup and bill the property owner or contractor for all
associated costs, or deduct these amounts from any required bond or
security. Unpaid charges will be certified by the city for collection with taxes
and no city license, permit, or other approval shall be issued for the property
while any charge is outstanding.
.
5. All on-site stormwater conveyance channels shall be desiqned and
constructed to withstand the expected velocity of flow from a 10-year
frequency storm without erosion.
6. Failure to comply with any of the above requirements will result in the
issuance of a stop work order halting construction until the project area is
brought into compliance. Failure to remedy the situation within a reasonable
time determined by the director of public works or designee will result in the
issuance of a citation for violation of this section. Failure to have erosion
control measures in place may also result in denial of a certificate of
occupancy for the structure under construction. (Ord. 004-520, 10-4-2004)
7. The VRWJPO may at their discretion use turbidity measurements as an
indicator of potential non-compliance with these Standards. If NTU
measurements taken at a point of site stormwater discharge exceeds 50
NTUs (25 NTU for trout stream) a construction erosion control inspection of
the site shall be completed. Enforcement procedures and timeframes to
correct noncompliant conditions shall be as specified by these Standards and
NPDES General Construction Permit. Exceedence of the turbidity indicator
alone shall not constitute non-compliance. Sampling and analysis of turbidity .
.
shall be completed as follows:
(a) Samples should be taken from the horizontal and vertical center of the
outflow, and care should be taken to avoid stirring bottom sediments.
(b) A written narrative of site-specific analytical methods and conditions
used to collect, handle and analyze the samples will be completed and kept
on file, and a chain-of-custody record kept if the analysis is performed at a
laboratory.
(c) All sampling shall be collected by "grab samples" and the analysis of
these samples must be conducted in accordance with methodology and test
procedures established by EPA method 180.1 or Standard Method 2130B.d.
Other sampling protocol include:
(1) Sample contajners should be labeled prior to sample collection.
(2) Samples should be well mixed before transferring to a secondary
container.
(3) Sample jars should be cleaned thoroughly to avoid contamination.
(4) Sampling and analysis of receiving waters or outfall below the
minimum detection limit should be reported at the detection limit.
.
.
. 11-4-7: STORM DRAINAGE:
(A) All subdivisjon design shall incorporate adequate provisions for storm water
runoff consistent with the Farmington storm water management plan, as
amended, and be subject to review and approval of the cjty engineer. At the time
each plat or replat is approved, a connection charge shall be made for past,
present or future storm sewer costs, payable jn cash, and shall be deposited in
the "city surface water management fund". The monies so collected will be used
in accordance with the Farmington comprehensive drainage plan. Connection
charges shall be determined as set forth in table 3, land use assessment rate, of
the Farmington comprehensive drainage plan. The cash payment may be
deferred, at an interest rate determined by resolution of the city council, to the
time the fjrst stage of development takes place, so long as the terms of
deferment are set forth in a developer's agreement executed by the city and the
owner of the plat. (Ord. 002-470, 2-19-2002)
(B) POST CONSTRUCTION WATER QUALITY CRITERIA
.
1. Post construction stormwater runoff qualjty measures shall meet the
standard for the General Permit Authorization to Discharqe Storm Water
Associated With Construction Activity Under the National Pollutant Discharqe
Elimination System/State Disposal System Permit Proqram Permit MN
R 100001 (NPDES General Construction Permit) issued by the Minnesota
Pollution Control Aqency, Auqust 1 2003, as amended; except where more
specjfic requirements are provjded in paraqraphs 2, 3. 4, and 5 below.
2. Infiltration/filtration options, and Credits described under Runoff Volume
Control Criteria 2, are the preferred approach to satisfvinq the water quality
treatment requirements of the NPDES General Construction Permit jn areas
that drain to the trout stream portions of the Vermillion River and its tributaries
where such areas do not first drain to a waterbody with 10 or more acres of
open water.
3. Ponds with permanent wet pools are allowed in areas tributary to the trout
stream portions of the Vermillion River and its tributaries where such areas do
not first drain to a waterbody with 10 or more acres of open water, if the
applicant demonstrates:
.
(a). No net increase in the temperature of the discharqe for the 2-year 24-
hour event with the use of alternative technoloqies and has met the Volume
Control requirements of these Standards; or,
(b). That the wet pond is desiqned for zero discharqe for the 2-year, 24-hour
storm; or,
(c). That the Volume Control requirements of these Standards are met and
the followinq measures are used to the extent practical in order of
decreasinq preference:
(1) The wet pond is desiqned with a combination of measures such as
shadinq. filtered bottom withdrawal, veqetated swale discharqes. or
constructed wetland treatment cells that will limit temperature increases.
(2) Additional volume control measures and credits are used beyond that
required to meet the Runoff Volume Standards as a means of Iimitinq the
frequency and duration of discharqes from the pond.
.
4. The water quality control volumes necessary to meet the NPDES General
Construction Permit that are satisfied usinq infiltration or filtration technoloqies
(filtration only on Type C and D soils) can count toward the Volume Control
requirements of these Standards.
5. Ponds with overflows or outlets located below the seasonally hiqh water
table are allowed only where it can be demonstrated that there is a
reasonable need for such an outlet to control seepaqe damaqe to existinq
structures.
6. Redevelopment (see definitions) proiects are required to incorporate water
quality BMPs to the extent practical.
(C) RUNOFF TEMPERATURE CONTROL CRITERIA
1. Post construction runoff criteria for controllinq temperature increases relies .
on the establishment of buffers as specified in the Buffer Standard; the
prioritization of temperature sensitive BMPs such as infiltration and filtration,
and the desiqnation of temperature sensitive wet pond desiqn approaches in
the Post Construction Water Criteria above; and the control of runoff volume
increases and the use of credits with the Runoff Volume Control Criteria
below. No addjtional specific temperature crjteria are incorporated since these
other areas of the Standards emphasize approaches sensitive to runoff
temperature. However, since these other areas of the Standards allow
flexibility, and in some cases waivers: permit applications involvinq the
creation of one or more acres of new impervious surface in the trout stream
portions of the Vermillion River and its tributaries where such areas do not
first drain to a waterbody with 10 or more acres of open water;a. Must include
a narrative description of the temperature sensitive practices
incorporated; and.b. The LGU or the VRWJPO may limit or deny waivers. or
may require additional runoff temperature BMPs, if the LGU or the VRWJPO
finds that the site desiqn does not minimize the potential for runoff
temperature increases.
(D) PEAK RUNOFF RATE CONTROL CRITERIA
1. A hydroqraph method based on sound hydroloqic theory will be used to
analyze runoff for the desiqn or analysis of flows and water levels.
.
.
2. Runoff rates for proposed activities, and development shall:
(a). Not exceed existinq runoff rates for the 1-year. and 1 O-year critical
duration storm events.
(b). Be implemented by Cities and Townships such that peak runoff rate
controls keep future peak flood flows for the Vermillion River 1 DO-year, 4-
day event from increasinq above existinq conditions peak flows. (While the
VRWJPO works to develop numerical Standards at a subwatershed scale,
the Standard will be implemented as follows: Runoff rates for proposed
activities, and development shall not exceed the exjstjnq rate for the 100-
year critical duration storm event.)
3. Detention basins with permanent wet pools are allowed in area's tributary
to the trout stream portions of the Vermillion River provided Post Construction
Water Quality Criteria 3 above is met.
(E) RUNOFF VOLUME CONTROL CRITERIA
.
1. Development that creates one acre or more of new impervious surface
must incorporate volume control practices into the desiqn sufficient to hold the
runoff volume for the 2-year 24-hour storm at pre-development conditjons.
Determination of the necessary control volume to achieve this Standard can
be completed by the LGU on a reqional basis and included in an approved
Local Water Plan, or calculated on a site-by-site basis for each individual
proposal.
2. Credits for site desiqn are the preferred methods for meetinq the Volume
Control requirements and shall be considered prior to the desiqn of infiltration
or filtration facilities.
3. The water Quality control volumes necessary to meet the NPDES General
Construction Permit that are satisfied usinq infiltration or filtration technoloqies
(filtration only on Type C and D soils) can count toward the Volume Control
requirements of these Standards.
.
4. When usinq infiltration for volume control, infiltration volumes and facility
sizes shall be calculated:
(a) Usinq the appropriate hydroloqical soil qroup classification and saturated
infiltration rate shown below:
Hydroloqic Soil Type A: 0.30 inches/hour
Hydroloqic Soil Type B: 0.15 inches/hour
Hydroloqic Soil Type C: 0.07 inches/hour
QL.
(b) Usinq documented site specific infiltration or hydraulic conductivity
measurements completed by a licensed soil scientist or enqineer, or
(c) Usinq the method provided in the Minnesota Stormwater Manual Volume .
2 (MPCA 2005) paqes 18 throuqh 21 of Chapter 12-INF, andb. The desiqn
shall consider the infiltration rates of the least permeable horizon within the
first five feetbelow the bottom of the infiltration practice. andc. The system
shall be capable of infiltratinq the required volume in 72 hours.
5. Constructed infiltration facilities, such as infiltration basins and trenches:
(a). Can only be used if there is pretreatment of stormwater runoff desiqned
to protect the infiltration system from c10qqinq with sediment and to protect
qroundwater Quality;
(b). Cannot be used within 400 feet of a municipal or other community
supply well or within 100 feet of a prjvate well unless specifically allowed by
an approved wellhead protection plan:
(c). Cannot be used for runoff from fuelinq and vehicle maintenance areas
and industrial areas with exposed siqnificant materials;
(d). Cannot be used on areas with less than 3 feet vertical separation from
the bottom of the infiltration system and the seasonal hiqh water table;
(e). Cannot be used in Type D soils.
6. Infiltration areas must be fenced or otherwise protected from disturbance
before the land disturbinq activity starts.
7. Volume control amounts may be waived by the LGU or the VRWJPO for .
sites with predominately Type C and D soils, or where a shallow water table
prevents construction of infiltration systems. provided the followinq are met in
order of decreasinq preference:
(a). Credits and site desiqn practices to minimize the creation of connected
impervious surfaces are used to the extent practical.
(b). Underdrains are used to promote filtration instead of infiltration.
8. Veqetation used in coniunction with infiltration systems must be tolerant of
urban pollutants, and the ranqe of sojl moisture conditions anticipated.
(F) DRAINAGE ALTERATION
1. Outlets from landlocked basins with a tributary drainaqe area of 100 acres
or more will be allowed. provided such outlets are consistent with other
portions of these Standards, State and Federal requlations, and the
downstream impacts. riparian impacts, and habitat impacts of such outlets
have been analyzed and no detrimental impacts result. The analysis and
determination of detrimental impacts shall:
(a). Use a hydroqraph method based on sound hydroloqic theory to analyze .
runoff for the desiqn or analysis of flows and water levels:
.
(b). Ensure a hydroloQic reQime consistent with the Peak Runoff Rate
Control Criteria and the Runoff Volume Control Criteria of these Standards;
(c). Ensure the outlet does not create adverse downstream floodinQ or water
quality conditions, or materially affect stability of downstream major
waterways;
(d). Maintain dead storaQe within the basin to the extent possible while
preventinQ damaQe to property adiacent to the basin;
(e). Ensure that the low floors of new structures adjacent to the basin are
set consistent with the Floodplain Alterations Standards; and,
(f). Ensure that proposed development tributary to the land-locked basin has
incorporated runoff volume control practices to the extent practical.
2. Artificial drainaQe, flow obstruction, and djversions involvinQ waterways,
public waters. public water wetland, wetlands wjth drainaQe areas of 640
acres or more will be allowed provided such alterations or diversions are
consistent with other portions of these Standards, State and Federal
reQulations, and the downstream impacts, riparian impacts and habitat
impacts of such alterations or diversions have been analyzed and no
detrimental impacts result. Proposals for drainaQe alterations and diversions
shall demonstrate that:
.
(a). There is a reasonable necessity for such drainaQe alteration or diversion
to improve or protect human health and safety, or to improve or protect
aquatic resources;
(b). Reasonable care has been taken to avoid unnecessary injury to
upstream and downstream land;
(c). The utility or benefit accruinQ to the land on which the drainaQe will be
altered reasonable outweiQhs the Qravity of the harm resultinQ to the land
receivinQ the burden; and
(d). The drainaQe alteration or diversion is beinQ accomplished by
reasonably improvinQ and aidjnq the normal and natural system of drainaQe
accordinQ to its reasonable carryinQ capacity. or in the absence of a
practicable natural drain, a reasonable and feasjble artificial drainaQe
system is beinQ adopted.
3. DrainaQe alterations, diversions, and landlocked basin outlets shall be
provided with stable channels and outfall.
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner ~1{"
18533 Explorer Way - possible variance for an accessory structure
FROM:
SUBJECT:
DATE:
November 12,2008
INTRODUCTION / DISCUSSION
Latchman Mangal has requested that the Planning Commission discuss the possibility of granting future
variances that would allow him to keep two non-conforming accessory structures on his property in their
current locations.
Background Information
City staff received a complaint regarding the placement of an existing accessory structure on the property
addressed as 18533 Explorer Way and owned by Mr. Latchman Mangal. Upon inspection, staff noted a
number of violations present on site. Those violations are outlined below:
1. A building permit was never obtained for the structure, which is larger than 120 square feet in
area (structure is approximately 360 square feet in size).
2. The accessory structure is not located behind the principal structure. Section 10-5-6 B2 of the
City Code states that accessory structures must be located behind the principal structure in the
side of rear yard. The subject property is a comer property, therefore, there are two front yards
present; one along Explorer Way and one along Everest Path.
Additionally, a second accessory structure (a storage shed that is 120 square feet in area) is also in
violation of this particular requirement.
3. The accessory structure is located closer than 10 feet from the principal structure. Section 10-6-6
(A) states that an accessory structure shall be placed in the rear yard of the principal unit and at
least ten feet (10') away from the dwelling unit if not attached.
4. The driveway for the property has been expanded. It is currently 45 feet in width at the curb of
Explorer Way. The maximum width allowed by the City of a driveway at curb line is 30 feet.
A notice of violation letter was sent to Mr. Mangal on October 10, 2008 referencing the above mentioned
violations and providing him with ten days to rectify them. Upon receipt of the letter Mr. Mangal
contacted staff and requested a site visit. Staff accepted Mr. Mangal's request and met with him at his
home during the week of October 13th. At the site visit staff reiterated the violations and stated the only
way the structures would be allowed to stay in their current locations is if the City's Planning
Commission were to approve variances for them.
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Potential Lot Limitations
1. The property is a comer lot; therefore, there are two front yards for this particular property.
Because of this the allowable placement of such structures become more limited than a standard
interior lot. Comer lots are not uncommon within any city, much less Fannington. It is staffs
opinion that the fact the lot is a comer lot does not constitute a hardship as it is not a unique
situation.
2. The elevation of the lot does create some challenges for the placement of an accessory structure
(i.e., detached garage or storage shed) towards the rear of the house. There is considerable grade
difference from the high point of the lot along Everest Path (elevation 976) to the lowest point on
the lot in the northwest comer (elevation 966.5). This is a drop in elevation of 9.5 feet running
across the entire rear of the property. There is an immediate drop from Estes Path into the side
yard of the property of 6 feet then the drop tapers off to the northwest comer of the property. The
stonn drainage for this lot sheets across the rear of this property. If a structure were to be placed
in the rear of this property there could be the potential of creating drainage issues for this lot.
Staff believes this could be a potential hardship that the Planning Commission could consider to
approve the variances.
3. Along the side property line, adjacent to Everest Path, there are four mature pine trees that were
planted prior to Mr. Mangal purchasing the property. If the structure in question was required to
be relocated into the rear of the property, the access to the structure would likely have to come
from Everest Path and would require the removal of several of those mature trees. This too could
be a potential hardship for consideration by the Planning Commission as the current property
owner did not create this particular situation.
If the Planning Commission were to generally agree that certain hardships exist that would allow the
structures to remain in their current locations Mr. Mangal would have to fonnally apply for the variances.
It should be noted that certain modifications to the larger structure would likely need to be made in order
to meet current building code standards. In addition, a building penn it would have to be submitted to the
City's Building Official as well. A building penn it is not required for the 120 square foot structure.
ACTION REQUESTED
Discuss the request by Mr. Latchman Mangal and provide direction to staff regarding the potential
variance requests.
Respectfully submitted,
--r;'1 C)oX
Tony Wippler; Assistant City Planner
Cc: Latchman Mangal
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