(a)

The city council finds that the Rum River Corridor within the city is a unique and valuable local, regional, and state resource. The river is an essential element in the local, regional, and state transportation, sewer and water, and recreational systems and serve important biological and ecological functions. The prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural, and historic values is in the furtherance of the health, safety and general welfare of the city.

(b)

The council further finds that the Rum River Management District is characterized by certain soil types, slopes, and water levels which, without proper corrective action, are unsuitable for development. The preservation of trees and woodlands, marshes, swamps, wetlands, drainage ways, and watercourses within this district serves important ecological, recreational and aesthetic functions to the benefit of existing and future residences of the municipality and, therefore, is in furtherance of the health, safety, and general welfare of the city.

(c)

It is the purpose and intent of this article to prevent and mitigate irreversible damage to this natural resource and to preserve and enhance its value to the public. Development shall be so regulated so as to minimize the risk of environmental damage to this area. By doing so, private homeowners and governmental units are protected from incurring high maintenance and capital costs resulting from the necessity to correct the deficiencies encountered as a result of inappropriate or improper development.

(Prior Code, § 74-281; Ord. No. 2023-1780, § 1, 10-16-2023)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Crown cover means the ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as percentage.

Development means the construction, installation or alteration of any structure, the extraction, grading or filling, clearing or other alteration of terrestrial or aquatic vegetation, land or the course, current or cross section of any water body or watercourse or the division of land into two or more parcels.

Development permit means any building permit, zoning permit, plat approval, rezoning, certification, conditional or special use permit or variance.

Dimensional requirement means minimum and maximum setbacks, yard requirements or structure height or size restrictions established in this chapter for the various zoning districts.

Litter means slightly decomposed organic material on the floor of a woodland area.

Ordinary high water level means 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 shall be the operating elevation of the normal summer pool.

Restrictive soils means soils which have permeability rates of less than five minutes per inch; or in which bedrock is less than five feet below the ground surface; or in which the water table is permanently or seasonably less than five feet below the ground surface; or where the slope of the surface is greater than 12 percent.

Slope means the inclination of the natural surface of the land from the horizontal, usually measured in one of three ways:

(1)

As a ratio, the horizontal distance to the vertical distance;

(2)

As a percentage, the vertical distance over the horizontal distance;

(3)

By degrees, measured from the horizontal to the vertical.

Structure means anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures.

Tree means any woody plant that has at least one trunk with a diameter four feet above the ground of four inches or greater.

Utility line means all transmission or distribution systems of any public, semi-public, or private utility, including, but not limited to, electric lines, sewer lines, water lines, telephone lines, gas lines, oil pipe lines, and any other lines, pipes or cables.

Wetland means any low area permanently or seasonally covered with shallow water, including marsh, swamp, bog, wet meadow, slough, or intermittent lake greater than one acre in size or floodplain and denoted on the city wetlands map.

Woodland means a group of trees at least one-half acre in area and with a crown cover of 50 percent or greater.

(Prior Code, § 74-282)

This article shall apply to all public and private lands in the following described districts:

(1)

The Rum River Management Overlay District, which is the Rum River Management Area, as set forth and legally described in the management plan for the Rum River and the Minnesota Wild and Scenic Rivers Act, M.S.A. § 103F.301 et seq.

(2)

This district shall be identified on the official zoning map referenced in section 78-62.

(Prior Code, § 74-283; Ord. No. 2023-1780, § 1, 10-16-2023)

Adoption and administrative procedure for this article shall comply with Minn. Adm. Rules, part 116G.15.

(Prior Code, § 74-284)

Lots of record in the office of the county register of deeds on March 29, 1981, which do not meet the requirements of Minn. Adm. Rules, part 116G.15, may be allowed as building sites provided such use is permitted in the zoning district, the lot is in separate ownership from abutting lands, and sanitary and dimensional requirements of this chapter are complied with, except that such lots which meet or exceed 60 percent or more of the lot width standards of these regulations may be considered as a separate parcel of land for the purposes of sale or development, if on-site sewage disposal systems can be installed so as to comply with these regulations.

(Prior Code, § 74-285)

All plans for public campgrounds, accesses (both trails and roads for boat launch facilities), and open space recreational uses within the Rum River Management Overlay District shall be submitted to the state commissioner of natural resources for approval in compliance with Minn. Adm. Rules, part 116G.15.

(Prior Code, § 74-286)

The following standards shall be met when any development is undertaken within the Rum River Management Overlay District:

(1)

No filling, grading, dredging, excavation, or construction shall be allowed within any wetland area, nor on lands abutting, adjoining or affecting such areas if such activity upon those adjacent areas are incompatible with city policies expressed herein and in other documents. Development is prohibited if it results in loss and damage to public and private improvements through inundation by flood waters and subsequent construction of storm sewers and other public projects, in the permanent destruction of natural resources, loss of water retention facilities, open space and wild life habitats or impairment of public and private water supplies. Wetland area may not be used in determining minimum area requirements for building sites or subdivision plats unless such development is in accordance with section 78-211 or unless they are dedicated to the public for such uses described in chapter 58, article III, division.

(2)

A minimum amount of filling may be allowed when necessary, as determined by the zoning administrator, but in no case shall the total filling cause the natural flood storage capacity of the wetland to fall below the projected volume of runoff from the entire area wetland water shed generated by a ten year storm, nor shall the total filling cause the total natural nutrient stripping capacity of the wetland to fall below the nutrient production of the wetland water shed for its projected development. Only fill free of chemical pollutants and organic wastes may be used. Wetlands shall not be used for solid waste disposal.

(3)

Dredging may be allowed only when a boat channel is required for access to a navigable lake or river, or when it will not have a significant adverse effect upon the ecological and hydrological characteristics of the wetland. Dredging, when allowed, shall be located so as to maximize the activity in the areas of lowest vegetation density, shall not significantly change the water flow characteristics, and the size of the dredged area shall be limited to the absolute minimum for the permitted purpose.

(4)

Development shall be conducted so that the maximum number of trees is preserved by the clustering of structures in existing cleared areas and natural clearings, and the utilization of other site design techniques. Grading, contouring and paving shall be performed to minimize any detrimental effect on root zone aeration and stability of existing trees. Existing trees shall be provided with a watering area equal to at least one-half the crown cover. When trees are removed, the density of trees must be restored, utilizing nursery stocks of a minimum of one and three-fourth-inch diameter measured one foot above the ground, using species generally accepted as suitable for the purpose to that which existed before the development, provided that in no case need the density exceed ten trees per acre. Development shall not reduce the existing crown cover greater than 50 percent and shall be conducted in such a manner as to preserve the understory and litter. Trees used in reforestation or landscaping must be compatible with the local landscape and climatic conditions.

(5)

No on-site sewage disposal systems shall be allowed in restrictive soils. All of those permitted in other areas must meet requirements of Minn. Adm. Rules, part 6120.3400 involving construction standards and inspection procedures.

(6)

No development shall be permitted on land having a slope, before alteration, in excess of 18 percent unless the applicant establishes that the following conditions are met:

a.

The foundation and underlying material of any structure, including roads, shall be adequate for slope condition and soil type.

b.

The applicant can demonstrate that development can be accomplished without increasing erosion, beyond that anticipated on a less than 18 percent slope, and that there is proper utilization of controls to reduce runoff to nondestructive levels.

c.

The proposed development presents no danger of falling rock, mud, uprooted trees, or other material to structures, recreational facilities, public lands, and public waters downhill.

d.

All structures other than buildings and roadway surfaces, but, including retaining walls, shall meet the following design requirements:

1.

Retaining walls or terrace contours shall not exceed five feet in height;

2.

Construction shall be of natural stone or wood;

3.

The use of gabions, non-wood pilings, and metal retaining walls is specifically prohibited unless the visible portion has the appearance of natural stone or wood;

4.

The minimum width of terraces shall be in the ratio of 2:1 to the height.

(7)

Steps shall be taken at all times to limit soil erosion. During any construction period, steps shall be taken to ensure that soil loss will be less than five tons/acre/year, that immediately following any construction, soil loss will be less than two tons/acre/year and that, within 15 days following construction, vegetation shall be planted to reduce the soil loss to less than one-half ton/acre/year.

(8)

Utility lines and any other associated facilities should be constructed along existing corridors or rights-of-way and make use of existing bridges or utility crossings. New corridors or rights-of-way shall be located so as to minimize potential environmental damage.

(Prior Code, § 74-287; Ord. No. 2023-1780, § 1, 10-16-2023)

Any person undertaking development to or on any land within the overlay district shall, prior to commencing the work, obtain an environmental permit (permit) from the city, except as hereinafter provided in this division. An environmental permit must be obtained prior to construction of any utility line, be it overhead or underground, and prior to construction, reconstruction, removal or abandonment of any road or railroad within these districts under standards of Minn. Adm. Rules, part 116G.15.

(Prior Code, § 74-306; Ord. No. 2023-1780, § 1, 10-16-2023)

When emergency work necessary to preserve life or property is required, the person performing it shall report all pertinent facts relating to the work to the city engineer and zoning administrator prior to the commencement of work. The zoning administrator shall review the facts and determine whether an emergency exists and shall authorize in writing the commencement of the emergency work. Within ten days following the commencement of that activity, the person conducting the work shall apply for the issuance of an environmental permit and may be required to perform such work as is determined to be reasonably necessary to correct any impairment to the wetland occasioned by such emergency work. The removal of trees seriously damaged by storms or other acts of God, or diseased trees, shall not be prohibited.

(Prior Code, § 74-307)

(a)

Environmental permits shall be issued by the zoning administrator except where noted in this division. A written application for an environmental permit must be submitted to the zoning administrator. Such application shall include a site plan with adequate evidence to show that the proposed use will conform to the standards set forth in this article. Five sets of clearly legible blue- or black-lined copies or drawings and required information shall be submitted to the zoning administrator and shall be accompanied by a receipt from the administrator evidencing the payment of all required site plan fees. No permit or variance shall be issued unless the applicant in support of his application shall submit engineering data, surveys, site plans and other information as the city may require in order to determine the effects of such development on the affected lands and water areas. Such data, etc., shall be prepared by hydrologists, biologists, botanists, or other technical persons as required by the zoning administrator. Approval may be expressly given in conjunction with other development permits applied for, but no approval shall be implied from the granting of such development permits, nor from the necessity to apply for a permit as described in this section. The site plan must comply with this section.

(b)

The site plans shall be prepared to a scale appropriate to the size of the project and suitable for the review to be performed, which shall not be less than one inch equals 200 feet or more than one inch equals ten feet.

(c)

The following information shall be provided in the site plan:

(1)

The name and address of the owner and developer, the legal description and address of the property, north point, date, scale of drawing, and number of sheets.

(2)

Location of the property, including such information as the names and numbers of adjoining railroads, roads, existing subdivisions, buildings, and other landmarks.

(3)

Existing topography as indicated on a contour map having contour intervals of one foot on a zero percent to three percent slope, two feet on a three percent to ten percent slope, and five feet on a ten percent or greater slope. The topography map shall also clearly delineate any bluff line, all streams, including intermittent streams and swales, rivers, water bodies, and wetlands located on the site, including depth of water, bottom slope, a description of body materials and all vegetation which may be found in the water body, a statement of water turbidity, a statement of water quality, and a classification given to the water body by the state department of natural resources and the state pollution control agency, if any. The topography map shall indicate the floodway or flood fringe lines and shall indicate the ordinary high water level of the river.

(4)

A plan delineating existing drainage of the water setting forth in which direction, the volume and at what rate stormwater is conveyed from the site, and setting forth those areas of the site where stormwater collects and is gradually percolated into the ground or slowly released to a stream or lake.

(5)

A description of the soils of the site, including a map indicating soil types by areas to be distributed as well as a soil report prepared by a soil scientist containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, both as a soil type of existing topsoil and soil type of the new contour. The location and extent of any erosion areas shall be indicated.

(6)

A description of the flora and fauna which occupy the site and are occasionally found thereon, setting forth with detail those areas where unique plant or animal species may be found on the site.

(7)

A description of any features, buildings or areas which are of historic significance.

(8)

A map indicating proposed finished grade shown at contours at the same intervals as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features.

(9)

A landscape plan drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all existing vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to the site as part of the development.

(10)

A proposed drainage plan of the developed site delineating in which direction, the volume, and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect and gradually percolate into the ground, or be slowly released to stream or lake. The plan shall also set forth hydraulic capacity of all structures to be constructed or existing structures to be utilized, including volume of holding ponds and design of the storm drainage system.

(11)

An erosion and sedimentation control plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction, including a statement expressing the calculated anticipated gross soil loss expressed in tons/acre/year both during and after construction which complies with standards in section 78-403(7).

(12)

The proposed size, alignment, height, and intended use of any structures to be erected or located on the site, including building elevations (front, rear and sides).

(13)

A clear delineation of all areas which shall be paved or surfaced, including a description of the surface material to be used.

(14)

A description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river or public river view opportunities both before and after development; a description of the development's impact on existing views of and along the river.

(15)

A description of all parking facilities to be provided as part of the development of the site, including an analysis of parking needs generated by the proposed development.

(16)

A delineation of the area to be dedicated for public use.

(17)

A delineation of the location and amounts of excavated soils to be stored on the site during construction.

(18)

Any other information pertinent to the particular project which in the opinion of the inspector or applicant is necessary or helpful for the review of the project.

(d)

Three classifications of development are established:

(1)

Development on more than one parcel of residential property or any development of commercial or industrial property;

(2)

Construction of one new single-family home;

(3)

Any additions, alterations or modifications to one existing single-family home.

(e)

Developments described in subsection (d)(1) of this section must provide all of the information requested in subsection (c) of this section. Developments described in subsection (d)(2) of this section must provide information requested in subsections (c)(1) through (3) and (7) through (9) of this section, as modified to locate and describe any vegetation proposed for removal and all proposed landscape materials which will be added to the site as part of the development and subsections (c)(12), (13), and (18) of this section. Developments described in subsection (d)(3) of this section must provide information requested in subsections (c)(1), (2), (12), (13), and (18) of this section.

(Prior Code, § 74-308)

(a)

A permittee shall begin the work authorized by the permit within 60 days from the date of issuance of the permit unless otherwise specified in the permit. The permittee shall complete the work authorized by the permit within the time limit specified in the permit, which in no event shall be more than 12 months from the date of issuance. The permittee shall notify the zoning administrator at least 24 hours prior to the commencement of work.

(b)

Should the work not be commenced as specified in this section, then the permit shall be void. However, if, prior to the date established for commencement of work, the permittee makes written request to the zoning administrator for an extension of time to commence the work setting forth the reasons for the required extension, the administrator may grant one extension of not greater than one year.

(c)

Any revision of the original approved site plan must be approved by the city council after recommendation by the planning commission and zoning administrator.

(d)

A permit may be approved subject to compliance with conditions which are specifically set forth in the permit and are necessary to ensure compliance with the requirements contained in this article. Such conditions may limit the size, kind or character of the proposed development, require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring procedures, require such alterations of the site as may be necessary, require execution of an agreement between the city and the developer, or require surety in the form of a performance bond, escrow or letter of credit. Accompanying such agreement and surety shall be a statement from the owner indicating the city's right of entry to the property if it becomes necessary to complete the agreed work.

(Prior Code, § 74-309)

A schedule of fees for the examination and approval of site plans leading to an environmental permit, and the inspection of all required improvements and conditions in such plans, shall be determined by the city council. The city council may from time to time change such schedule. Prior to approval of any site plan, such fees shall be paid to the zoning administrator and be deposited to the credit of the general fund.

(Prior Code, § 74-310)

The granting of an environmental permit under the provisions of this division shall in no way affect the owner's or the permittee's responsibility to obtain the approval required by any other statute, ordinance or regulation of any federal or state agency or subdivision thereof.

(Prior Code, § 74-311)