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HomeMy WebLinkAboutOrd. 1135 Amend 152 - Natural Resources Mgmt. CITY OF APPLE VALLEY ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 152 OF THE CITY CODE ENTITLED "NATURAL RESOURCES MANAGEMENT" The City Council of Apple Valley ordains: Section 1. Chapter 152 of the Apple Valley City Code is amended by deleting Chapter 152 in its entirety and replacing it by adding a new Chapter 152 to read as follows: GENERAL PROVISIONS § 152.01 FINDINGS AND PURPOSE STATEMENT. (A) The City Council finds it is in the best interest of the city to protect, preserve and enhance the natural resources and environment of the community and to encourage a resourceful and prudent approach to the development and alteration of land. (B) In the interest of achieving these objectives, the city has established the comprehensive natural resources management regulations herein to promote the furtherance of the following: (1) Protection and preservation of the city's natural resources; (2) Orderly development of land to minimize tree and land habitat loss; (3) Minimization of the impacts to water bodies, trees and wooded areas resulting from development during the construction phase and from the conditions created by its completion; (4) Establishment of standards for water quality and tree preservation and the mitigation of environmental impacts resulting from tree removal and water pollutants; (5) Creative land use and environmentally compatible site design which preserves trees and minimizes tree removal during development; and (6) Enforcement of natural resources management standards to promote and protect the public health, safety and welfare of the community. § 152.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 100-YEAR HIGH WATER LEVEL or HIGH WATER LEVEL (HWL). The high water level for water bodies within the city for stormwater management based on the 1%probability 24-hour rainfall event. APPLICANT. Any person or entity who is required to submit and implement a city-approved natural resources management plan under this chapter. AUTHORIZED NON-STORMWA TER DISCHARGE. Any of the following that may discharge into the city's municipal storm sewer system that is not deemed as an illicit discharge unless specifically prohibited under a NPDES construction permit in effect: discharges or flows from firefighting activities; water line flushing; street wash water; discharges from potable water sources; landscape irrigation or lawn watering water; de-chlorinated swimming pool discharges; individual residential car washing; water from a sump pump system; foundation drains; footing drains; air conditioning condensation; diverted stream flows; rising groundwaters; uncontaminated pumped groundwater; uncontaminated groundwater infiltration (as defined by Title 40 of the Code of Federal Regulations); springs; and flows from riparian habitats and wetlands. BEST MANAGEMENT PRACTICES or BMP. Techniques, procedures, activities, methods and requirements, whether through practices or structural means, to effectively prevent or reduce: the degradation of natural resources; the movement of sediment, pollutants or nutrients from land surfaces; and the runoff of the same into water bodies. BUFFER ZONE or PROTECTIVE BUFFER ZONE. The area between a line delineating a water body edge and a line upland from the water body edge established for the purpose of protecting and preserving the water quality of the water body. The width of the buffer zone shall be as set forth in these regulations. CALIPER INCHES. The length of a straight line measured through the trunk of a tree 12 inches above the ground. CANOPY OFA TREE. The horizontal extension of a tree's branches in all directions from its trunk. CRITICAL ROOT ZONE OFA TREE. The area under a tree which is at and within the drip line of a tree's canopy or a distance of one and one-half feet from the trunk for each inch of the diameter of the tree, measured at breast height, whichever is greater. DE-ICING MATERIAL OR SUBSTANCE. Any substance, in dry or liquid form, that is used for the intended purpose of melting snow and ice or for its anti-icing or anti-slipping effects. The substance may be sand or other natural earth material or a chemical-based material such as sodium chloride, magnesium chloride, or calcium chloride, or a combination thereof. DIAMETER. A tree's trunk as measured 4'/2 feet above the ground, wherever this term is used in reference to the measurement of a tree. DRIP LINE OFA TREE. An imaginary vertical line which extends from the outermost branches of a tree's canopy to the ground. 2 HAZARD TREE. A tree which has structural defects in the roots, stem, or branches that may cause the tree or tree part to fail upon any property owned by, under control of, or maintained by the city, or dedicated or otherwise conveyed to the city for general public use. ILLICIT DISCHARGE. Any release or discharge, directly or indirectly, into the city's municipal storm sewer system of any substance or pollutant that is not composed entirely of stormwater, unless the substance is an authorized non-stormwater discharge, as defined herein, not otherwise prohibited under a NPDES construction permit in effect INDIVIDUAL LOT DEVELOPMENT. The grading of individually platted lots for the purposes of new building construction. LAND or PARCEL OF LAND OF SUBJECT PROPERTY or SUBJECT PROPERTY. An entire lot or parcel, as defined by the zoning regulations of this code, on or within the boundaries of which a project subject to the requirements of this chapter is occurring, has occurred or is to occur. LAND DISTURBING ACTIVITY. (1) Any excavating, grading, clearing, filling or other earth change which may result in: (a) The movement of more than 20 cubic yards of soil; (b) Disturbance of 3,500 square feet or more of soil; (c) Any cutting, removal, destroying or loss of 10% or more of the significant trees of any land; or (d) Any other activity that changes the existing or natural contour of the land which changes drainage. (e) The movement or disturbance of more than 10 cubic feet on a steep slope, within a bluff impact zone, or within a shore impact zone located within a Shoreland Overlay District. (2) For purposes of this chapter, excavation or grading for agricultural purposes on agriculturally zoned property shall not constitute land-disturbing activity provided the activity is no closer than 16.5 feet from any delineated edge of any water body. LOSS OF SIGNIFICANT TREES. The loss of a significant healthy tree as a result of- (a) Land-disturbing activity, whether temporary or permanent, affecting 50%or more of a significant tree's critical root zone, but no more than 30% of a significant oak tree's critical root zone; (b) Mechanical injury to the trunk or roots of a significant tree causing critical loss of the bark or roots, which may result in tree decline; or (c) Compaction to 90%of proctor to a depth of six inches, or more, of 50% or more of the surface of the soil within a significant tree's critical root zone, provided no more than 30%of the surface of the soil within a significant oak tree's critical root zone. 3 NATIVE PLANT. A plant which has its original source no further than 300 miles for trees and shrubs or 200 miles for all other plants from the site of planting. A NATIVE PLANT does not include a cultivar derived from native plants. NPDES CONSTRUCTION PERMIT. The National Pollutant Discharge Elimination System permit issued by the Minnesota Pollution Control Agency and officially called Construction Stormwater Permit, pursuant to the federal National Pollutant Discharge Elimination System Program regulated under the Clean Water Act in Title 33 of the United States Code and adopted by the laws of the State of Minnesota. NATURAL RESOURCES MANAGEMENT PLAN. Required general information, an erosion and sedimentation control component, tree preservation component, protective buffer zone component, and drainage and grading component. NEW BUILDING CONSTRUCTION. The construction of any principle building or structure upon a parcel of land or platted lot. NEW DEVELOPMENT. The process whereby improvement to an entire site occurs in one continuous process or in more than one distinct phase, including but not limited to the following activities: initial site grading, installation of utilities, construction of public streets, construction or grading of drainage ways, other grading or filling of any area within the site, grading of building pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas or private streets and any other construction or land-disturbing activity within the subject property or site. ORDINARYHIGH WATER. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages,the ordinary high water level is the operating elevation of the normal summer pool. OPERATIONAL PLAN. A plan adopted by the city or any other governmental agency with regulatory authority that governs the use or management of lands within the city, including, but not limited to: TMDL implementation plans, stormwater management plans, comprehensive guide plans, surface water management plans, lake management plans, watershed management plans, wetland management plans, forest management plans. In the event that any provision of this chapter is contrary to any regulation of an operational plan,the provision of this chapter shall apply and govern. PROJECT APPLICATION or APPLICATION. The applicant's submission of all required documentation for approval of any activity requiring a permit as required in this code. 4 PROJECT MANAGER. The applicant or the applicant's duly authorized representative who has been conferred the duties by the applicant to implement, complete and manage the project to which the approved natural resources management plan applies under this chapter. PUBLIC WATER. Any water body as the term is defined by the Minnesota Water Law, codified in Minnesota Statutes, Chapter 103G, or as may be amended from time to time. REDEVELOPMENT. The process of subdividing and adding additional uses on a lot or site that was previously developed or the razing and replacement of existing building and/or changes in uses on a lot or site that was previously developed. Land that was previously developed,then raised and left vacant before new building construction occurs is deemed redevelopment. SIGNIFICANT TREE. Any healthy deciduous tree measuring eight inches or greater in diameter, or any coniferous tree measuring six inches or greater in diameter, at four and one-half feet above grade. STABILIZED or STABILIZATION. The process or condition of land surface maintenance whereby permanent ground cover is established on a property in order that erosion is effectively prevented. A site is deemed stabilized or that stabilization is completed when the approved vegetative cover consist of a uniform perennial vegetation with a density of at least 70 percent of its expected final growth. WATER BODY(BODIES). Any natural or man-made wetland, drainage or storm water area, stream or lake. WATER BODY EDGE. (1) For public waters: the ordinary high-water elevation(OHW) as established for the water body by the Minnesota Department of Natural Resources. (2) For wetlands: the line delineated pursuant the methods for delineation as set forth in Minnesota Rules, Part 8420. (3) For man-made water bodies: the normal or control water level pursuant to the design specifications as approved by the city. (4) In the event that a water body has more than one of the above water body designations, the water body edge shall be determined by that method that produces the highest elevation or largest water body size. WETLAND. Any wetland as defined in M.S. Ch. 103G and the delineation thereof shall be in accordance with Minnesota Rules, Part 8420. 5 PERMITS AND PLANS § 152.15 NATURAL RESOURCES MANAGEMENT PERMIT. (A) Permit required. A natural resources management permit (NRMP) shall be required before any land- disturbing activity in connection with any of the following: (1) New development, redevelopment, or new building construction in any zoning district; (2) Any project which requires a building permit and will result in the expansion of any existing building or impervious surface unless the city determines that no natural resources, such as trees or water bodies, will be directly affected by the project; (3) Any land-disturbing activity or project, other than commercial excavation (mining),that directly or indirectly affects natural resources, such as near slopes, trees or water bodies; or (4) The construction or installation of 0.2 or more acres of new, additional or reconstructed impervious surface on any lot. (B) Permit application. The application for the permit shall be made to the city on such form as the city may designate and shall include such information as the city shall require. (C) Review and approval process of permit application. (1) Administrative approval and issuance of permits. NRMP construction permit applications may be reviewed and approved administratively by city staff, unless city staff determines project warrants the application be presented to the City Council for its review and approval. (2) Permit and plan approval. (a) Submittal. Any application for an NRMP construction permit shall be submitted to the city, along with a natural resources management plan which shall be in accordance with the requirements set forth in the Chapter, and required fees, at least 15 business days prior to the city's consideration of the application. The application shall provide the following information: 1. The name, mailing address and contact information of all owners of record of the property; 2. The street address and legal description of the property; and 3. A site plan depicting the proposed project shall be submitted and approved by the city; (b) Approval. Upon finding that all requirements have been met, the city will issue a permit in accordance with the provisions of this chapter upon payment of all permit fees and or escrow. (D) Expiration of permit and plan. Any natural resources management permit issued pursuant to the requirements of this chapter shall expire one year from the date of issuance if significant progress of the work covered by such permit is not accomplished, unless an extension of the permit is requested in writing by the applicant and approved in writing by the city. Notwithstanding the expiration of the permit,the applicant is bound by the terms of the natural 6 resources management plan requirements to the extent to restore the land grade and prevent any erosion and illicit discharge. (E) Revocation of permit. Failure to comply with the approved terms and conditions of a natural resources management plan shall be grounds for revocation of the natural resources management permit by the City Council, following a public hearing. Written notification of said public hearing shall be mailed at least ten days prior to said hearing to the current holder of the permit. Such notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the permit of the opportunity to be heard at such public hearing. (F) Exemptions. (1) Public utility and right-of-way maintenance. The permit requirements of this chapter shall not apply to public utility, right-of-way maintenance projects, or sidewalks and trails 10 feet wide or less that are bordered down-gradient by vegetated open space or vegetated filter strip with a minimum width of four(4) feet. (2) Emergencies. The provisions of this chapter shall not apply to emergency activity by any governmental agency or utility company necessary to protect life or prevent substantial harm to persons or property. (3) Any project which requires a building permit and will result in the expansion of any existing building or impervious surface unless the city determines that no natural resources, such as trees or water bodies, will be directly affected by the project; (4) Any land-disturbing activity associated with commercial excavation(sand and gravel mining) Applicability of BMP requirements. Notwithstanding the foregoing exemptions in this Paragraph F, all land disturbing activity shall be completed in accordance with the BMP standards set forth in this chapter for projects for which an NRMP is required. § 152.16 NATURAL RESOURCES MANAGEMENT PLAN; REQUIREMENTS. (A) No permit shall be issued unless a natural resources management plan is submitted to and approved by the city. All natural resource management plans shall include the following: (1) General information. (a) Delineation of the subject property and the location of existing and proposed buildings, structures and impervious surfaces on the subject property; (b) Description of the construction or land disturbing activity to be performed on subject property and proposed project schedule; (c) Identification of all water bodies located on and adjacent to the subject property's boundaries; (d) Identification of all protective buffer zones which are required herein in connection with the project for any existing or proposed water body; (e) Topographical data, including contours at vertical intervals of not more than two feet, except that contour lines shall be no more than 100 feet apart; (f) Temporary benchmarks shall be established within the boundaries of the project area. Descriptions, reference ties and elevations of the benchmarks shall be furnished 7 to the City Engineer. All elevations,topography and vertical control data shall be tied to sea level datum, 1929 general adjustments; and (g) The location and size of all existing sanitary, water, or storm sewer trunks, laterals or services on or adjacent to the property. (h) Identification of the location of dirt or soil storage or stockpile areas to be utilized on the subject property (i) Identification of all measures to be utilized to protect water bodies and buffer zones and prevent pollution including dust control. (2) Natural Resources Management Plan. The natural resources management plan and all work/activity completed under the NRMP permit shall be in accordance with the following requirements: (a) A site plan depicting the proposed project shall be submitted and approved by the city; (b) The plan shall be consistent with any approved subdivision grading plan; (c) The plan shall be consistent with the city's operational plans, or any other applicable operation plan as defined herein; (d) The plan shall not adversely impact neighboring properties or natural resources; (e) The plan shall meet the requirements of this chapter; and (f) The plan shall include work to correct or repair any land surface area that has unsafe, hazardous or eroding slopes or holes/depressions for the protection of public safety, health and welfare. (g) No construction or grading equipment operation shall occur except during the following hours: Monday through Friday 7:00 a.m. to 7:00 p.m. and Saturday through Sunday 8:00 a.m. to 5:00 p.m. and no legal holidays. (3) Stormwater pollution prevention plan. (SWPPP). As part of the natural resources management plan: (a) All applicants shall submit a SWPPP, which shall consist of the following: 1. Delineation of all areas to be graded or excavated, and the limits of land disturbing activities; 2. Identification of measures to be utilized to control erosion and sedimentation within and from the subject property during the project activity as required herein; 3. Identification of all permanent erosion control measures and a completion schedule; 4. Identification of the location of dirt or soil storage or stock pile areas to be utilized on the subject property; and 5. Identification of all illicit discharge prevention measures; and 6. Identification of all measures to be utilized to protect water bodies and buffer zones and prevent pollution. 8 (b) The S WPPP shall comply with the"best management practices" (BMPs) for temporary and permanent erosion and sediment controls and pollution prevention that are deemed acceptable by the city. Required BMPs include, but are not limited to: 1. Perimeter sediment control devices; 2. Temporary erosion control practices; 3. Storm drain inlet protection devices; 4. Rock construction entrance; 5. Tree drip line or critical root zone perimeter protection for trees; 6. Removal of all debris, dirt and soil from impervious ground surfaces, including abutting public or private roadways and sidewalks, in connection with the subject property; 7. Designated concrete washout and illicit discharge prevention measures 8. Any other erosion and sedimentation control device or pollution prevention measure as deemed necessary by the city to prevent pollution or protect public health, welfare, or safety. The erosion and sediment control measures shall comply with the MPCA's NPDES/Construction Stormwater Permit regulations. 9. Identification of proposed contour grading on the site and the amount to be removed from the site; 10. The estimated time required to complete the work and the amount of material to be moved on the site and the amount to be removed from the site; 11. A map showing the stages or limits of grading together with the existing or proposed finished elevations based on sea level readings; 12. Identification of proposed building bench elevations and direction of flow of surface water within each lot; 13. Submission of preliminary plans or program for water supply, sewage disposal, drainage and flood control; 14. A planting plan for all vegetated BMPs; 15. Identification of and specification for all permanent storm water management facilities; 16. Soil borings, in the location of the proposed BMP, if required by the City Engineer; 17. The plan shall meet the water quality, volume, and rate control standards and policies of the city's other code regulations and approved city operational plans. In the event the city code regulations or city operational plans conflict,the most restrictive standard shall apply; 18. All infiltration and filtration permanent storm water treatment devices shall be protected from compaction, sedimentation, or any other disturbance that may inhibit function. 19. Within a Shoreland Overlay District, existing natural drainageways, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters, when possible. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas,runoff 9 velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized as soon as possible, and appropriate facilities or methods used to retain sediment on the site. New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, Rule 6115. 20. Any other information deemed necessary by the city for compliance with any applicable operational plan, as defined herein. (B) NPDES construction permit. In addition to all other plan requirements in this chapter, any applicant conducting land-disturbing activity that disturbs one or more acres of total land area or disturbs less than one acre but is part of a common plan of development or sale that will ultimately disturb at least one acre shall comply with the following additional requirements: (1) The applicant and property owner, if not the applicant, shall apply for and be issued a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA); and (2) The applicant and property owner, if not the applicant, shall submit to the city an approved copy of the storm water pollution prevention plan as required for the NPDES by the MPCA. The contractor shall retain copies of all inspections onsite. (C) Tree preservation component, TPC. As part of the natural resources management plan: (1) All applicants shall submit a TPC, which shall consist of the following: (a) An accurate inventory of significant trees on the subject property, including identification of the size, species, condition and location of each significant tree. On large wooded sites, forest measuring methods may be used to determine the total diameter inches of trees outside the area of the proposed land-disturbing activity; (b) Identification of all significant trees proposed to be removed or that will be lost as a result of the land-disturbing activity; (c) Identification of the number, type and size of significant trees required to be replaced or for which tree loss mitigation is required herein; (d) Identification of the number,type, size and location of the required replacement trees as required herein; (e) Identification of the number, type, size and location of significant trees to be preserved; and measures to be utilized to protect and preserve the significant trees proposed to be preserved. (2) The TPC shall identify and require the following tree protective measures: (a) Protective fencing around the outer edge of the critical root zone of all significant trees to prevent sedimentation,trenching, stockpiling, soil compaction or any other root damaging activity within the critical root zone of any trees; and (b) Construction fencing shallremain in place until all grading and construction activity is terminated. (c) Pruning paint applied to any damaged bark or branch of any oak tree at any time between and including April 1 and October 31. 10 (D) Protective buffer zone component(PBC). As part of the natural resources management plan, if the project requires establishment of a protective buffer zone,then the applicant shall submit a PBC, which shall consist of the following: (1) The site plan submitted for the proposed NRMP plan application shall identify the upland boundary line for each protective buffer zone required on the property in accordance with the protective buffer zone regulations set forth in this Chapter. (2) Identification of any existing erosion problems and any noxious weeds or vegetation in the area adjacent to existing waterbodies which would constitute the buffer zone; and (3) A buffer establishment and planting plan, which shall consist of the following: (a) Plant list and/or seed mix to be used; (b) The proposed location of the plants; (c) The proposed method to remove any noxious weeds or rank vegetation with the buffer zone; (d) The proposed method to correct existing erosion problems in the buffer zone; (e) Method of planting; and (f) Any materials used, including but not limited to erosion and sediment control measures, fertilizers, pesticides, and the like. § 152.17 APPEALS OF DECISIONS. The applicant may appeal any requirement, decision or determination by the city in connection with any provision of this chapter pursuant to the procedures as set forth in the zoning regulations regarding Board of Appeals and Adjustments. § 152.18 COMPLIANCE WITH PLAN. (A) Compliance required. The applicant shall implement and comply with the Natural Resources Management Plan (NRMP)prior to and during any construction or land-disturbing activity under the permit to which this chapter applies. All erosion and sedimentation control and tree preservation measures required under the plan shall be installed and remain in place until all grading and construction activity is completed and all areas are permanently stabilized or until a written request for removal of the protection measures is made to and approved by the city in writing. No construction or land-disturbing activity to which this chapter applies, or removal of any significant trees may occur until the NRMP plan and NPDES construction permit is approved by the city. All construction and activity performed under the approved NPDES construction permit shall be in accordance with the approved NRMP construction permit. Failure to comply with the approved terms and conditions of an NRMP shall constitute a violation of this code and a public nuisance. (B) Determination of compliance. The city or its designated representative shall have the right to enter and inspect the subject property in order to determine compliance with the 11 approved NRMP. The city shall have the right to order the suspension of any grading or construction activity on the subject property until compliance with the NRMP has occurred. (C) Finding of noncompliance. Upon a finding of noncompliance, the city shall use the following procedure with respect to notification and corrective measures: (1) The city shall serve upon the property owner and the NRMP holder, if different than the property owner, by hand delivery or U.S. mail, a written notification of the violation(s) of the approved NRMP and the corrective action required. The city may serve the notification upon the project manager for the NRMP holder which shall constitute service of the notification upon the NRMP holder; and (2) If remedial work is not completed and compliance with the Plan has not occurred within 48 hours of service of the violation notification,the city may complete remedial or corrective work and any costs incurred in connection with taking remedial action or installing corrective measures may be recovered from the NRMP holder's performance security or may be assessed against the property pursuant to M.S. Ch. 429. In the alternative, the city may revoke any construction related permit and order the termination of all construction activity on the subject property until the subject site is in compliance with the NRMP. § 152.19 EMERGENCY CORRECTIVE ACTIONS. In the event circumstances exist such that noncompliance poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency corrective action to prevent any danger. The city will take reasonable action to contact and direct the property owner of the subject property and the NRMP holder to take any necessary action to correct the noncompliance. Any costs incurred by the city in connection with any emergency action shall be recovered from the NRMP holder's performance security. § 152.20 CONFLICT WITH OTHER LAWS. If the requirements of this chapter are in conflict with any other law, the stricter requirements shall be enforced. § 152.21 FINAL "AS-BUILT" PLANS. Upon completion of grading, all activity,and work under a NRMP construction permit, an "as-built" plan shall be prepared and filed with the city, unless the Public Works Director determines the activity under the NRMP permit does not require an "as-built" plan. The "as- built" plan shall depict the actual field grade conditions of the subject property at the time of completion of the project under the permit, and depict any changes from the original grading plan submitted to and approved by the city under the permit or as existed prior to any work or activity under the NRMP permit, and the surveyed location and elevation details of all stormwater management facilities, ponds or other water bodies. If building permits are requested prior to completion of the "as-built" grading plan, "as-built" grading plans shall be required for the individual lots associated with those building permits. All "as-built" grading plans shall be certified by a registered civil engineer and submitted to the city in a format as required by the 12 city. The City Engineer shall review all final "as-built" grading plans and if determined the grading does not meet city drainage standards, the permit holder and property owner shall be required to correct all grades on the property subject to the City Engineer's approval. § 152.22 FEES. All fees required under this Chapter shall be in the amount(s)as duly adopted by City Council's resolution and set forth in the City's Fee Schedule. § 152.23 SECURITY. (A) Security required. The applicant shall provide security for the performance of its obligations pursuant to this chapter. The security shall be in a form required by the city, including a letter of credit, cash, or escrow deposit, and all in a form and substance that shall save the city free and harmless from any and all actions, claims, suits or liability as a result of the applicant's performance of work under or in connection with its NRMP. This security, running to the city, shall be conditioned to pay the city for any cost and expense incurred by the city in bringing the subject property into compliance with the approved natural resources management plan, and/or the cost and expense of repairing any highways, streets or other public ways within the city, made necessary by the special burden resulting from the hauling and transporting thereon by the applicant in the removal or placement of rock, dirt, sand, gravel, clay or other like material. The city's costs and expenses shall includc any engineering, legal or administrative expenses. (B) Amount of security. The amount of security shall be 125% of the estimated cost to accomplish compliance with the approved natural resources management plan, or$2,000, whichever is greater, in addition to any other security performance required by any other regulation in this code. The estimated cost shall be subject to approval by the city. Notwithstanding the foregoing,the amount of security for projects that disturb an area of less than one acre in size on an individual lot or parcel on which a one-family or two-family dwelling exists and will remain to exist under the permit shall be in the amount(s) as duly adopted by City Council resolution. (C) Release of security. The security may be retained by the city until all conditions and requirements of the NRMP have been met and permanent stabilization has been installed and confirmed by the city to be effectively in place. No security or any portion thereof will be released if the project is not substantially completed. If noncompliance is found, the city may retain that portion of the security equal to the cost of bringing the project into compliance with the approved natural resources management plan. (D) City remedy. If compliance with the approved natural resources management plan is not accomplished within the allowable time period,the city may bring the project into compliance by use of the security. (E) Exemptions. The city shall be exempt from the requirements of this section. 13 § 152.24 VARIANCES AND ALTERNATIVE PROTECTIVE METHODS. (A) Variances. A request for a variance from the application of any requirement or provision of this chapter shall be made to and considered by the city pursuant to the provisions for variances as set forth in the zoning regulations in this code. (B) Violation. If a variance is granted, any violation of any condition to which the variance is subject shall be a violation of this chapter and shall automatically terminate the variance, subject to any enforcement procedures consistent with a finding of noncompliance. (B) Alternative protective methods authorized. The city may permit an alternative protective treatment or management method upon the city's determination that the proposed alternative method, with such further conditions as the city may impose, will achieve an equal or greater degree of natural resource protection than would strict compliance with the provisions herein. FORESTRY § 152.40 CITY FORESTER POSITION CREATED; DUTIES. (A) Position created. The city's Public Works Director shall be the Forester. The powers and duties as set forth in this subchapter are hereby conferred upon the Forester or his or her duly authorized agent. (B) Duties. It is the duty of the City Forester to coordinate, under the direction and control of the Council, all activities of the city relating to the control and prevention of insect- infested and diseased trees, including but not limited to, emerald ash borer, Dutch elm, and oak wilt diseases. The Forester shall recommend to the Council the details of a program for the control of insect-infested and diseased trees and perform the duties incidental to a program adopted by the Council, and other duties as provided by this chapter. § 152.41 FORESTRY PROGRAM. The forestry program shall provide for inspection of trees on public and private property for the purposes of enforcement of applicable sections of this code. § 152.42 MAINTENANCE AND REMOVAL OF TREES. (A) Duties. The city shall have the right to maintain and/or remove trees while performing maintenance duties within any public right-of-way or easement. Maintenance duties shall include, but are not limited to, sidewalk, path, utility and street maintenance and/or repair. The city shall notify property owners adjacent to trees that may be impacted by the performing of 14 maintenance duties. In cases of emergency maintenance within a public right-of-way or easement, the city shall attempt to contact adjacent property owners when trees may have to be maintained and/or removed, but shall also consider the general health, safety and welfare of the community with respect to hazards that may exist. (B) Charges for services. The city may charge the abutting property owner for legal possessor the cost incurred by the city for maintenance and/or removal of trees located within any right-of-way or easement. Any charges not paid within 30 days of the due date stated on the city's invoice shall be deemed delinquent and subject to collection as a special assessment to be collected in accordance with M.S. § 429.101. (C) Removal of hazard tree. A hazard tree on any private property shall be removed immediately and in no case more than 15 days after being served notice by the city to remove the tree. Any such tree shall be deemed a public safety hazard and public nuisance and subject to the provisions for special charges assessment as set forth in division(B) herein. § 152.43 TREE WORK LICENSE. (A) License required. It shall be unlawful for any person to conduct as a business the cutting,trimming,pruning,removal, spraying or otherwise treating of trees in the city without first having secured a license from the city to conduct the business. (B) Application; fee and expiration. (1) Application for a license shall be made at the office of the City Clerk. (2) The application for a license shall be made at the office of the City Clerk. (3) The annual fee for the license shall be in the amount specified in the appendix to Chapter 35. (4) All licenses issued under the provisions of this chapter shall expire on December 31 following the date of issue. (C) Liability insurance. No license or renewal shall be granted, nor be effective, until the applicant files with the City Clerk proof of a public liability insurance policy covering all operations of the applicant hereunder for the sum of at least$300,000 combined single limit coverage. The policy shall provide that it may not be canceled by the insurer, except after ten days written notice to the city, and if the insurance is so canceled and the licensee fails to replace the same with another policy conforming to the provisions of this section, the license shall be automatically suspended until the insurance shall have been replaced. (D) Conformance required. All contractors licensed under the requirements of this section shall conform with the abatement methods as prescribed by this subchapter, as they relate to emerald ash borer infestation, and Dutch elm and oak wilt diseases. (E) Revocation of license. Failure to comply with any part of the tree treating license shall be grounds for revocation of the license by the City Council, following a public hearing. 15 Written notice of the public hearing shall be mailed at least ten days prior to the hearing to the current holder of the license. The notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the license of the opportunity to be heard at the public hearing. (F) Chemical treatment requirements. Applicants, who propose to use chemical substances in any activity related to treatment or control of insect-infested and diseased trees, shall file with the City Clerk proof that the applicant or employee of the applicant administering treatment has been certified by the Agronomy Division of the state department of agriculture as a "commercial pesticide applicator." Certification shall include knowledge of tree disease or insect infestation chemical treatment. § 152.44 MINIMUM HEIGHT OF TREE LIMBS. All limbs of trees or portions of limbs which overhang public streets, sidewalks or paths and are less than ten feet above the surface of any public sidewalk or path or are less than 13 feet above the surface of any public street constitute a nuisance and are prohibited. When limbs of a tree overhang both a public sidewalk and a public street, they shall be trimmed to a height of 13 feet above the surface of the street. This section shall not apply to any tree to which pruning or trimming would endanger the tree's health as determined by the city, unless a public nuisance exists. § 152.45 SHADE TREE DISEASE REGULATION. (A) Declaration of policy. The Council has determined that the health of ash, elm and oak trees within the municipal limits are threatened by insect infestation known as emerald ash borer, and fatal diseases known as Dutch elm and oak wilt. It has further been determined that the loss of ash, elm and oak trees growing upon public and private property would substantially depreciate the value of property within the city, and may impair the health, safety and general welfare of the public. It is declared to be the intention of the Council to control the spread of insect infestation and diseases affecting trees, and this section is enacted for that purpose. (B) Insect and disease control programs; coordinator. It is the intention of the Council to conduct a program of plant pest and disease control pursuant to the authority granted by M.S. § 18G.13, as amended. The program is directed specifically at the control and elimination of the emerald ash borer, Dutch elm disease fungus, elm bark beetles and oak wilt fungus, and is undertaken at the recommendation of the Minnesota Department of Agriculture,the Minnesota Department of Natural Resources and the University of Minnesota Extension. (C) Nuisance declared. The following shall constitute a public nuisance: (1) Any living or standing elm tree.,or part thereof,infected to any degree with the Dutch elm disease fungus Ophiostoma Ulmi, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurigopinus Rufipes (Marsh); 16 (2) Any living or standing red oak tree,or part thereof,infected to any degree with the oak wilt fungus Ceratocystis Fagacearum; (3) Any living or standing ash tree, or any part thereof, harboring or infested with emerald ash borer beetles or larvae or eggs thereof(Agrilus planipennis); or any dead ash tree or part thereof, including logs, branches, stumps, firewood, or other ash tree material from which the bark has not been removed or treated with effective emerald ash borer insecticide; (4) The storage or piling of any diseased or infested tree, or part thereof, including logs, branches, stumps, or other tree material from which the bark has not been removed or treated with an effective disease deterrent or insecticide, as applicable. (D) Inspection and investigation. (1) Annual inspection. The City Forester or assignee shall inspect all premises within the city, annually or as often as practicable, to determine whether any condition exists which is in violation of this chapter. The Forester shall investigate all repeated incidents of tree disease. (2) Entry on private premises. The Forester or assignee may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned. (3) Diagnosis. In determining tree disease or insect infestation, the Forester shall use current technical procedures. (E) Nuisance abatement methods. In abating any public nuisance as defined in this section, the Forester shall cause the diseased or infested tree or wood to be removed or otherwise effectively treated so as to destroy and prevent the spread of the disease or infestation. Any abatement shall be carried out in the following manner in order of priority: (1) All diseased tree wood shall be chipped (shredded) into pieces no larger than one inch diameter; or (2) Any portion of a diseased tree, after the tree or the tree portion has been cut down,that is larger than two inches in diameter shall have the bark removed or covered with at least four mil plastic, making a tight seal to the ground, until the bark falls off; or (3) Other current technical procedures which are accepted by such agencies as the Minnesota Department of Agriculture,the Minnesota Department of Natural Resources or the University of Minnesota may be utilized with city approval. (F) Procedure for removal of infected trees and wood. Whenever the Forester finds that infestation or disease exists in any tree or wood in any public or private place in the city, the Forester shall proceed as follows: (1) If the Forester finds that danger of insect infestation or spread of tree disease is imminent, the Forester may order any treatment or tree removal determined to be necessary to abate the nuisance. (2) In all other cases,prior to any treatment or removal, the Forester shall cause written notice of proposed actions to be sent by regular mail or personally delivered to the occupant or the owner of the premises. Failure to give notice shall not invalidate the city's actions. The Forester may order any treatment or tree removal determined necessary to abate the nuisance. 17 (G) Payment for abatement. Any costs incurred by the city in connection with the city's abatement of any diseased tree, as permitted in this section, shall be the responsibility of the property owner. The city may charge the property owner or legal possessor the cost incurred by the city in connection with the abatement of any diseased tree. Any charges not paid by the property owner or legal possessor within 30 days of the due date stated on the city's invoice shall be deemed delinquent and subject to collection as a special assessment, which shall be collected in accordance with M.S. § 429.101. (H) Transporting of infected ash, elm or oak wood. It is unlawful for any person to transport within the city any infected, bark-bearing ash, elm or oak wood determined to be a nuisance by the Forester. The Forester shall grant permission for the transportation of the wood only when the purpose of this chapter is served. (I) Unlawful acts. A violation of this section is declared to be a public nuisance, and it is unlawful for any person to permit the public nuisance to remain on any property owned or controlled by the person within the city. All public nuisances may be abated by the city and the costs thereof assessed against the property as prescribed in Chapter 94 of the code. § 152.46 TREE PRESERVATION REQUIREMENTS. (A) Tree removal and replacement. Removal or loss of significant trees shall be in accordance with the city-approved tree preservation component of the natural resources management plan. All significant trees on the property, as identified in the tree preservation component of the plan, shall be tagged with the coordinating number as stated in the plan before any project work begins and shall remain tagged until completion of the project. Tree removal and replacement shall be as follows: (1) Commercial, Industrial, Institutional: For individual lot development for commercial, industrial, and institutional uses, 10%of the total number of diameter inches of significant trees removed must be replaced with 10% caliper inches within the subject lot. Trees replaced under this requirement may be used to satisfy part of the landscape requirement for the lot; (2) Residential: For individual lot development for residential use, when tree removal that occurs within the building footprint,impervious surface areas(such as driveways and sidewalks), or within 20 feet of foundation walls and: (a) Exceeds six significant trees, replacement shall consist of a minimum of 12 caliper inches, located on the subject lot; or (b) Consists of six significant trees or less, replacement shall consist of a minimum of two caliper inches for every significant tree removed, located on the subject lot; (3) When tree removal occurs more than 20 feet outside the foundation walls, replacement shall be a minimum of two caliper inches for every significant tree removed, located on the subject lot; and (4) For all projects not covered by clauses(1), (2)and(3)above, 10%of the total number of diameter inches of significant trees removed must be replaced with caliper inches within the subdivision. Trees replaced under this requirement may be used to satisfy part of any landscape plan requirements under this code. 18 (B) Size,types, diversification of replacement trees. Replacement trees shall follow the 15-10-5 diversity rule. Box elder,poplar, willow and silver maple are not permitted as replacement trees. Replacement trees must be no less than the following sizes: (1) A deciduous tree shall be two caliper inches or greater; and (2) A coniferous tree shall be no less than six feet high. (C) Time to perform. Replacement trees shall be planted prior to the expiration of the permit or within 30 days of completion of all construction on the property, whichever first occurs, unless otherwise approved by the city for reasons of time of planting season. The applicant shall inform the city when all replacement trees have been planted in order that the city may inspect the subject property for compliance with the tree preservation component. (D) Quality of replacement trees. Replacement trees shall be healthy stock, free of insects and disease and meet the guidelines set by the American Standards of Nursery Stock and planting guidelines of American National Standards Institute (ANSI)A300. (E) Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within one year after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal. (F) Violation of natural resources management plan-Tree Preservation Component. The applicant shall comply with the following requirements if any loss of any significant tree, as defined herein, occurs in violation of the city-approved tree preservation component of the natural resources management plan for the subject property: (1) Replace the diameter inches of the significant tree lost with equal caliper inches in accordance with division(B) of this section; and (2) Any loss of a significant oak tree shall be replaced by an oak tree and the location of the replacement oak tree shall be determined by the city. (G) The applicant shall comply with the foregoing requirements upon a 30-day written notice by the city of the loss of a significant tree in violation of the city-approved tree preservation component of the natural resources management plan. WATER RESOURCES PROTECTION § 152.55 STORM AND SURFACE WATER REGULATIONS. (A) Compliance with NPDES& Minnesota Pollution Control Stormwater Regulations. (1) No land shall be developed or redeveloped or otherwise altered from its existing conditions or land contours that results in surface water runoff causing flooding or erosion on adjacent property. All surface water run-off shall be properly channeled into a storm drain,watercourse,ponding area or other suitable facility. (2) An approved drainage plan shall be submitted and approved for any new, redeveloped, or expanded commercial, industrial, multiple residential, and institutional 19 development, subject to the requirements of the NPDES & Minnesota Pollution Control Stormwater regulations, all provisions of this Chapter, and the Apple Valley Surface Water Management Plan. (3) On-site infiltration shall be installed and properly maintained to manage the first one-half inch of storm water resulting from any rainfall event over the entire area of the site, or one(1) inch of storm water resulting from any rainfall event over the entire area of new impervious surface, or as required in the MPCA Construction Stormwater Permit standards. This requirement may be waived if the soil conditions are found to be unsuitable for infiltration (as identified within the adopted Apple Valley Surface Water Management Plan. (B) Conformance with operational plans. All construction, land-disturbing activity, and new development shall comply with any applicable operational plan. (C) Maintenance agreement. The property owner of the land for which a project is proposed and an NRMP construction permit is required shall enter into an agreement with the city, as approved by the city, which shall be approved by the city and shall provide for design specifications,the maintenance and inspection requirements and right of access, for any permanent stormwater management device, facility, or structure for infiltration and filtration as required by this chapter. The agreement shall apply to the current property owner and to any assigns, heirs or subsequent owners of the property. The duly executed agreement, and any amendment thereto, shall be recorded against the property with the Dakota County Recorder's Office. (D) Temporary erosion and sediment control standards. Noland disturbing activity shall commence without first properly installing BMPs, unless written permission is granted otherwise by the city. (E) Prohibited discharge/dumping in streets, sidewalk or trail, storm-sewers, or catch basins. It is unlawful and deemed as a public nuisance for any person to throw, deposit, place or cause to be deposited or placed onto any street or sidewalk/trail or discharged into any catch basin or storm sewer located on public or private property, any of the following: refuse or garbage; dirt; rock; yard waste; sewage; petroleum products; paint, stain, finishing products or the like; chemicals (solid or liquid); antifreeze and any vehicle fluids; de-icing material (dry or liquid) when stored and used in bulk quantities (not an individual's personal use) or any other fluid or substance constiiuting an illicit discharge. This provision shall include all streets, sidewalks/trails, storm sewers, and catch basins,public or private. (F) Outdoor Bulk Storage of De-icing Material or Substance. (1) It is unlawful to store outdoors or within an open-air structure any de-icing material or substance that consists of five (5) or more tons in dry form or 1000 or more gallons in liquid form at any one time except pursuant to a natural resources management plan permit issued under this Section and in accordance with the requirements of this provision. For purposes of this provision, an open-air structure is a structure that is not fully enclosed with all exterior sides constructed with enclosed walls and doors and a permanent impermeable roof. 20 (2) Outdoor bulk storage of de-icing materials or substance shall be subject to the following: (a) A natural resources management plan permit issued for outdoor bulk storage of de-icing materials or substance hereunder shall be issued for the seasonal period of November 1st through April 30th of the following year. The permit expires on April 30th at which time the containment structure shall be disassembled and either stored within a building or removed from the property, along with all de-icing materials or substance. (b) All de-icing material and substance shall be stored on an impervious surface within a secure containment structure at the flattest grade level of the storage area as to keep all de-icing material or substance and potential product melt residue within the storage area. (c) Any containment structure that the permit holder intends to be permanent and not removed upon the expiration of the permit shall be designed and constructed in accordance with the zoning regulations set forth in Chapter 155 of this Code. Any other containment structure shall be deemed temporary and allowed only during the term of the permit and is exempt from the City's zoning regulations applicable to accessory structures and outdoor storage during the term of the permit except as otherwise provided herein. (d) No more than one containment area shall be permitted on a property. (e) The location of the containment structure on the property shall be determined and approved by the City under the permit and shall meet all setback requirements set forth in the zoning regulations set forth Chapter 155 of this Code. The containment structure shall be located on impervious surface and if logistically feasible, in the rear of the principal building. (f) The containment structure shall comply with the Minnesota State Building Code and be subject to a building permit if the structure requires. (g) De-icing materials and substance storage areas shall meet the following setback requirements, measured from the closest edge of the approved delineated storage area or stockpile of the de-icing material: 1. 25 feet from any public or private stormwater catch basin opening or inlets; 2. 50 feet from the Ordinary High-Water Level of any water body or an open channel stormwater conveyance ditch; 3. 100 feet from the Ordinary High-Water Level of any impaired water body; and 4. 25 feet from any sewer manhole, water distribution valves, or other utility structure. No containment structure or any portion thereof and any de-icing materials and substance storage shall be within a drainage and utility easement. (h) No snow storage piles on the property shall be located upslope from the de-icing material and substance storage area unless drainage bypass methods are installed to prevent snowmelt from flowing into or through the storage area. (i) All de-icing material and substances shall be fully covered by either a solid roof or a waterproof impermeable, flexible cover to prevent exposure to precipitation. Any tears, holes or damage to the roof or cover shall be repaired immediately. The cover shall 1 21 be secured at all times, except when product is being loaded or unloaded, in a manner to ensure the cover is maintained in place during wind or precipitation events. 0) De-icing material and substances shall not be stored within a cargo or shipping container and cargo/shipping containers are prohibited. (k) If a cover is used,the cover shall be secured at all times, except when product is being loaded or unloaded, in a manner to ensure the cover is maintained in place during wind or precipitation events. (1) Immediately upon the delivery or loading transfers of de-icing material or substance,the area surrounding the storage area or stockpile shall be swept or otherwise cleaned of uncontained de-icing material or substance. (m) Releases of deicer materials or leachate contaminated with deicer materials into private or public storm system, surface waters, or stormwater treatment practices shall be reported to Apple Valley's Natural Resources Department within the next business day. (3) NRMP Permit Application Requirements. (a) Contact information of snow maintenance service provider(s); (b) Site Plan of proposed storage location(s) depicting location of all storm catch basins and inlets, manholes, water distribution valves, or other utility structure; (c) List of all deicer materials and substances to be stored with an estimate of the maximum volume(s) intended to be stored; (d) Description and drawing of storage containment structures, which shall include: 1. Materials proposed to be used for the containment structure; 2. Dimension of the containment area and any supporting structure; 3. Surface type(s) (e.g. bituminous, concrete, etc.); and 4. Materials and products proposed to be used for the roof or impermeable cover, as proposed. (e) Description of stormwater runoff bypass(es)to be used if required. (4) Denial or Revocation of Permit. A permit under this Subsection(F) may be revoked based upon a violation of any provision herein. A permit application may be denied if the applicant has violated this provision within the previous three (3)years of the date of application. § 152.56 WETLAND CONSERVATION REGULATIONS. (A) Except as otherwise provided in this code, the Minnesota Wetland Conservation statutes and regulations (commonly referred to collectively as the Minnesota Wetland Conservation Act), as amended, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. (B) Wetland replacement and mitigation must follow the priorities and standards set forth in any applicable watershed management operational plan and the Minnesota Wetland Conservation Act. When regulations or standards conflict, the more restrictive standard shall be applied. 22 (C) No excavation in Type 1, 2, 6, and 7 wetlands shall be permitted unless the applicant demonstrates an environmental benefit to the wetland with no or minimal loss of wetland function. (D) Any grading or filling activity within a wetland shall be subject to and comply with any applicable watershed management operational plan and the Minnesota Wetland Conservation Act. § 152.57 PROTECTIVE BUFFER ZONE. (A) Scope of application. This section shall apply to any property included within any plat for which an application therefore was filed on or after the effective date of this section or for which an NRMP application was filed on or after the effective date of this section. This section shall not apply to any of the following: (1) Structures located within a protective buffer zone on the effective date of this section or the remodeling, reconstruction or replacement of the structures provided that it does not take up additional land within the protective buffer zone; (2) The construction or maintenance of public drainage facilities or temporary erosion control improvements; (3) The construction or maintenance of public utilities,provided there is no other practical alternate location; or (4) The land-disturbing activity for which the NRMP application is submitted causes no surface water runoff from the subject property to discharge toward any abutting water body or the project for which the NRMP is issued does not create more than 0.2 acres of new impervious surface. (B) Protective buffer zone required. A protective buffer zone shall be established and maintained with a minimum required width consisting of the area between the line delineating the water body edge and a line parallel to and upland the following feet from the water body edge: (1) 16.5 feet for properties abutting Alimagnet, Farquar, Lac Lavon, Long, Keller and Scout Lakes; (2) 16.5 feet for any stormwater pond that was not constructed within or upon a pre-existing or altered pre-existing wetland, regardless if the water body may have wetland characteristics; or (3) For any natural wetland or replacement wetland, the buffer width shall be as identified and set forth on the city's wetland map on file with the city's Public Works Department; for any natural wetland or replacement wetland that is not identified on the city's wetland map, the buffer width shall be as set forth in the city's current SWMP in accordance with the wetland's management classification and ranking as determined by the standards in the city's SWMP. Notwithstanding the foregoing buffer width requirements, in the case of a subdivision of land with an existing principal residential structure i-s proposed to remain on one of the newly subdivided lots,the buffer width on the lot with the existing principal structure may be limited to 16.5, however, if there is at any time any land disturbing activity requiring an NRMP on the lot with the existing principal structure,then the buffer width shall comply with the above prescribed widths. 23 (C) On all public and private property which abuts any water body for which a protective buffer zone is required under this chapter, a protective buffer zone shall be preserved or established and maintained in accordance with the following requirements: (1) When a natural resources management plan is required, all required protective buffer zones shall be shown on the site plan for the NRMP plan; (2) Any buffer zone that is to be preserved or established shall have approved erosion and sediment control measures installed and inspected prior to any land disturbing activity; (3) Vegetation within the buffer shall be established as follows: (a) Where a continuous growth of peremnial vegetation exists that has been confirmed by city inspection, such vegetation shall be retained as the buffer with protective measures in place to prevent disturbance during construction with the following exceptions: 1. Where erosion problems exist, correction of the problem shall be required, and the method thereof, as approved by the city within the affected segment of the buffer. Permanent stabilization of the impacted area must meet the requirements for new buffer establishment; and 2. Where the existing vegetation contains weeds and rank vegetation, such vegetation shall be removed as required by the city. Following removal, permanent stabilization of the impacted area must meet the requirements for new buffer establishment; (b) When the existing vegetation in the buffer zone at the time of establishing the buffer is not a continuous growth of perennial vegetation a native plant buffer shall be established. The buffer establishment plan shall include: 1. Listing of plants to be installed or seed mix used, 2. Method of installation, provision for replanting or seeding where establishment does not take, 3. A diagram of the planting scheme if varied within the buffer, 4. A listing of all materials used, and 5. A SWPPP (c) Erosion and sediment control measures shall be maintained until land disturbing activities are complete and all disturbed areas are permanently stabilized; (4) A security shall be required and remain on deposit with the city until it is determined by the city that the buffer has been permanently established according to the provisions of this chapter for a period of no less than 18 months or two growing seasons after installation; establishment of a cover crop for temporary erosion control purposes shall not constitute a successful permanent establishment; (5) When platting, the plat shall show any water body edge as approved by the city; and (6) The protective buffer zone shall be memorialized in perpetuity by a written document approved by the city and a certified survey of the lot, which shall be recorded at the Dakota County Recorder's Office against the property by the property owner and which shall establish the location of the buffer(s), restrictions, allowances, any permitted trail, and any management requirements. 24 (D) Buffer restrictions. The owner or occupant of any property which has a protective buffer zone established thereon shall not conduct or permit any of the following activities within the protective buffer zone: (1) Vegetation alteration, including but not limited to: clear-cutting, mowing, burning, introduction of non-native species,plowing, cutting, grazing, pesticide application, fertilizer application, or cultivation, unless it meets standards for allowable activities and is approved in writing by the city; (2) Topographic alteration, including but not limited to grading, filling, excavation and extractions; (3) Construction, placement or installation of any structure, including retaining walls, or impervious surface; (4) Dumping or disposing of any material, including but not limited to yard waste, garbage, soil, mulches; or (5) Installation of beaches, rocks, or boulders. (E) Activities allowed within the buffer area upon written approval from the city include the following: (1) Removal of noxious weeds and rank vegetation as defined by the city or plants on state or county noxious weeds lists by pulling, mechanical control, biological control, or spot herbicide treatments; (2) Removal of diseased plants or limbs, or plants or limbs that cause a hazard; (3) Mowing, burning, fertilizer application, and pesticide application to manage and maintain a healthy native plant community as approved by the city; (4) Native plantings that enhance the buffer; (5) Activities included within an approved wetland replacement plan; (6) Multi-purpose trails provided the following are met: (a) The trail shall be a pervious surface and consist of non-polluting materials; (b) A minimum of ten feet of buffer is maintained between the trail and the edge of the water body; (c) The minimum impact alignment is used for trails that cross water bodies; (d) The area of the buffer impacted by the trail and any associated maintained shoulders shall be replaced by adding the total square footage of the trail and associated shoulders thereof within the buffer zone to the width of the buffer that is otherwise required; (e) Any impacts to wetlands or public waters comply with applicable state and local regulations; (f) Installation of the trail is in compliance with other provisions of the code, including but not limited to floodplain control; (g) No established agreement exists, including but not limited to conservation easements, that otherwise restricts or prohibits trail installation or other alterations; and (h) The functions of the buffer to prevent erosion and treat stormwater runoff prior to entering the adjacent water body are preserved; stormwater flowing toward the trail is treated prior to entering the adjacent water body; 25 (7) Be--ches on Alimagnet, Long, Farquar, Lac Lavon, and Keller Lakes are permitted,provided the following requirements are met: (a) The created beach extends no more than half the length of the shoreline,not to exceed fifty feet, with an upland encroachment of no more than fifteen feet from the water body edge as defined within this chapter; (b) Sand installed is clean and weed free; (c) Design is such that no barrier is installed as to prohibit infiltration into the subsoil; (d) The functions of the buffer to prevent erosion and treat stormwater flows prior to entering the adjacent water body are preserved; stormwater flowing toward the beach is treated prior to entering the lake; (e) The area of buffer impacted by beach installation is replaced elsewhere along the water body edge and memorialized; (f) Sand applications shall be limited. Any alterations below the OHW or NWL, including but not limited to sand applications, shall comply with state requirements; (g) The beach is not placed within a wetland or otherwise causes the conversion of wetland to non-wetland; (h) No established agreement exists, including but not limited to conservation easements, that otherwise restricts or prohibits beach installation or other alterations; and (i) Compliance with other provisions of the Code, including but not limited to floodplain control; (8) Use and maintenance of an unimproved access strip not more than ten feet in width that uses the minimum impact alignment; and (9) Land disturbing activity that is proposed outside of any established buffer zone which may impact the buffer zone and/or water body shall be approved by the city before the activity begins. (F) Protective buffer zone identified. The upland boundary line of the buffer zone shall be identified by permanent markers, which have been approved by the city, at each lot line, and one at every 50-foot interval, or as deemed appropriate by the City. All markers shall be shown on an approved buffer zone plan and correctly installed prior to the closure of any NRMP permit. Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 1135"a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 4. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the 26 ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this 24th day of October, 2024. IAIAC Zk N Clint Hooppaw, Mayor ATTEST: Christina Scipioni, City C erk 27 CITY OF APPLE VALLEY ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 152 OF THE CITY CODE ENTITLED "NATURAL RESOURCES MANAGEMENT" The following is the official summary of Ordinance No. 1135 passed by the City Council of Apple Valley on October 24, 2024: Chapter 152 is revised by deleting the chapter in its entirety and adding a new Chapter 152 as a full replacement thereof. Chapter 152 was revised to prepare corrections and clean up language relative to the Natural Resources Management Plan permit process and regulations, as well as other natural resource provisions. Chapter 152 was also amended to add regulations governing outdoor storage of bulk de-icing material (road salt) consistent and in accordance with updated Minnesota Pollution Control Agency Rules. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley,Minnesota 55124. 28 4 ' AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY ORDINANCE NO.1135 STATE OF MINNESOTA )ss AN ORDINANCE OF THE COUNTY OF DAKOTA CITY OF APPLE VALLEY, MINNESOTA,AMENDING I do solemly swear that the notice,as per the CHAPTER 152 OF THE proof,was published in the edition of the CITY CODE ENTITLED "NATURAL RESOURCES MANAGEMENT" Dakota County Tribune The following is the official with the known office of issue being located summary of Ordinance No. 1135 in the county of: passelley b theOct City 2202l:f Apple DAKOTA Va with additional circulation in the counties of: Chapter 152 is revised by de- DAKOTA leting the chapter in its entirety a of the facts stated and adding a new Chapter 152 and has full knowledge as a full replacement thereof. below: Chapter 152 was revised to pre- (A)The newspaper has complied with all of pare corrections and clean up the requirements constituting qualifica- language relative to the Natural lion as a qualified newspaper as provided Resources Management Plan qP permit process and regulations, by Minn.Stat.§331A.02. as well as other natural resource (B)This Public Notice was printed and pub- provisions. Chapter 152 was lished in said newspaper(s) once each also amended to add regulations week, for 1 successive week(s); the first governing outdoor storage of bulk de-icing material(road salt) insertion being on 11/01/2024 and the last consistent and in accordance insertion being on 11/01/2024. with updated Minnesota Pollu- tion Control Agency Rules. MORTGAGE FORECLOSURE NOTICES A printed copy of the ordinance Pursuant to Minnesota Stat. §580.033 is available for inspection by any relating to the publication of mortgage person during regular office hours foreclosure notices: The newspaper complies in the office of the City clerk at the Apple Valley Municipal Center, with the conditions described in §580.033, 7100 147th Street w.,Apple Valley, subd. 1, clause (1) or(2). If the newspaper's Minnesota 55124. known office of issue is located in a county adjoining the county where the mortgaged Published y the remises or some art of the mortgaged Dakota County Tribune P PNovember 1,2024 premises described in the notice are located, 1430428 a substantial portion of the newspaper's circulation is in the latter count By: Designated Agent Subscribed and sworn to or affirmed before me on I1/01/2024 Notary Public a� C7arler��Marie MacP Pherson E otary Public Minnesota „ •r P ly Commission Fires Jan.31,2029 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1430428