PUBLIC HEARING - 6:01 p.m. on Mon., November 25, 2024, for the purpose of considering amendments to Article 9 related to Wetland Banking

NOTICE OF PUBLIC HEARING

CITY OF HAM LAKE

COUNTY OF ANOKA

STATE OF MINNESOTA

 TAKE NOTICE, that pursuant to the requirements of Minnesota Law, a public hearing shall be held before the Ham Lake Planning Commission on Monday, November 25, 2024, at 6:01 p.m. at the City Hall located at 15544 Central Avenue NE for the purpose of considering the following amendments to Article 9 of the Ham Lake City Code:

AMENDING

1.    Article 9-210.3(b)b by adding Wetland Banking under Article 9-330.8 as a Conditional Use in R-A (Rural Single Family Residential) Zoning

 ADDING

1.    Article 9-330.8 Wetland Bank  A “Wetland Bank,” “State Wetland Banking System," or "Bank" means a system of identifying wetlands restored or created for replacement credit and providing for, facilitating, and tracking the exchange of wetland banking credits for projects that require replacement plans or wetland mitigation required by other local, state, or federal authorities.

A.   Statutory Conditions It shall be a mandatory condition of any Conditional Use Permit issued for a Wetland Bank that the party holding the permit has complied with all standards and procedures related to a State wetland banking system as provided in Minnesota Rules parts 8420.0700 to 8420.0820.

B.   Monitoring Fees  To the extent the City is responsible for the role of the Local Government Unit, the City shall collect a monitoring fee for its required monitoring activities according to the City of Ham Lake Fee Schedule as amended from time to time. 

C.   Maintenance Fee The permit holder shall pay the City a Maintenance Fee of 3% of the value of each credit sold.  2% of said Maintenance Fee shall be deposited into the general fund and 1% shall be deposited into the park fund.  The total value of the credits to be sold shall be determined when the permit is issued, and the permit holder shall provide a letter of credit in an amount equal to 3% of the total value of the credits.  The letter of credit shall have a ten-year life and can be reduced annually as the Maintenance Fee is paid for the credits sold in each calendar year.

D.   Easement  It shall be a mandatory condition of any Conditional Use Permit issued for a Wetland Bank that the permit holder dedicate to the City an easement through and/or adjacent to the Wetland Bank for a ten-foot-wide trail installed by the permit holder to include sufficient sloping and drainage as determined by the City Engineer.  The easement shall be for non-motorized public use.  The 20-foot-wide minimum easement shall be maintained by the Maintenance Fee collected as part of this Article.  Permit holder shall install, at permit holder’s expense, appropriate signage identifying the trail and any rules or regulations for the use of the trail as determined by the City.  In the event dedication of a trail easement is not economically feasible or possible, then the permit holder shall pay parkland dedication fees in lieu of the easement dedication in an amount of $2,500 per acre of the parcel considered for the wetland bank. 

E.   Road Frontage  Wetland Banks shall have improved roadway frontage for access as determined by the City Engineer.  If any excavation is required for the creation of the Wetland Bank, road access of at least 9 tons bearing capacity shall be required. 

At such hearing both written and oral comments will be heard.

DATED:  November 15, 2024

Jennifer Bohr

Building and Zoning Clerk

City of Ham Lake