A.

Statutory authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes.

1)

Policy. The uncontrolled use of shorelands of the City of East Bethel, Minnesota, affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use, and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use, and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of East Bethel.

A.

Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in this ordinance and unclassified water bodies where applicable. A landscape/garden pond created by a private user where there was no previous water body may, at the discretion of the governing body, may be subject to the provisions of this section.

B.

Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

C.

[Compliance with regulations.] The use of any shoreland of public waters, the size and shape of lots; the use, size, type and location of structure on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this regulation and other applicable regulations.

D.

[Severability.] If any section, clause, provision, or portion of this ordinance is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

E.

[Supplemental regulations.] The regulations contained in this section are in addition to and not in lieu of the other regulations contained in other sections of this ordinance. All other regulations in this ordinance that are inconsistent with the regulations of this section are hereby repealed to the extent of the inconsistency only.

A.

Copies of all notices of any public hearings to consider variances, amendments, or conditional or interim uses under this subdivision of this ordinance must be sent to the Minnesota Department of Natural Resources (DNR) Commissioner or designated representative and be postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivisions/plats.

B.

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional or interim uses under this subdivision shall be sent to the DNR Commissioner or representative within ten days of final action.

It is the intent and purpose of these regulations to:

A.

Designate suitable land use districts for each body of public water.

B.

Regulate the sanitary and waste treatment system for lots.

C.

Regulate the area of lots and the width of lots suitable for building sites.

D.

Regulate the alteration of shoreland of public waters.

E.

Regulate alterations of the natural vegetation and the natural topography along shorelands.

F.

Conserve natural resources and maintain a high standard of environmental quality.

G.

Preserve and enhance the quality of water.

H.

Preserve the natural environmental values of shorelands.

I.

Maintain water quality, reduce flooding and erosion, and provide sources of food and habitat for a variety of fish and wildlife.

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in Section 01. General Provisions of Administration, and to give this section its most reasonable application.

Access corridor. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream, or wetland.

Bluff. A line along the top of a slope connecting points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than 18 percent and it only includes slopes greater than 18 percent that meet the following criteria:

Bluff line. A line along the top of a slope connecting points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than 18 percent and it only includes slopes greater than 18 percent that meet the following criteria:

1)

Part or all of the feature is located in a shoreland area.

2)

The slope rises at least 20 feet above the ordinary high water level of the water body.

3)

The slope must drain toward the water body.

4)

The average slope of 18 percent or more shall extend over a distance of 50 feet or more.

Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff.

Boathouse. A structure designed and used solely for the storage of boats or boating equipment.

Buildable area. The space remaining on a lot after the setback requirements, area with a slope of 33 percent or more, 100-year floodplain, and drainage easements or wetland have been subtracted.

Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

Buffer strip. Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation.

Buffer width, minimum. The minimum buffer distance allowed measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream.

Clear cutting. The removal of an entire stand of trees.

Commercial use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

Conditional use. A use as this term is defined in Minnesota Statutes, chapter 394.

Controlled access lots. Lots intended to provide access to the lake for residents of a particular development.

Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than six inches above ground.

Extractive use. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under Minnesota Statutes.

Forest land conversion. The clear-cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Hardship. A property cannot be put to reasonable use if: the conditions of the zoning ordinances are followed; the landowner's particular circumstances are unique and not self-created; and, granting a variance will not alter the essential character of the locality, as defined in MN Statutes, Chapter 462.

Height of building. See Section 01. General Provisions of Administration.

Impervious surface. The area of a lot (above the ordinary high water level) covered with buildings including all appurtenances, driveways and sidewalks, and similar impervious materials. For the purpose of this section, driveways that have a gravel base shall be considered impervious. Decks that allow drainage through the decking and that do not have a plastic weed barrier or some other material that would impede drainage into the ground and swimming pool water surface area shall not be considered impervious.

Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

Lake—general development. Generally large, deep lakes of varying size and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common.

Lake—natural environment. Generally small, often shallow lakes with limited capacities for assimilation of the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils.

Lake—recreational development. Generally medium-sized lakes of varying depths and shapes with a variety of landform, soil, and groundwater situations on the lakes around them. They often are characterized by moderate levels of recreational uses and existing development. Development consists mainly of seasonal and year-round residences and recreational-oriented commercial uses.

Lot. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plat, or other legal means and separate and apart from any other parcel or portion of land, and from right-of-way, public or private.

Lot width. The horizontal distance between the side lot lines of a lot measured at the minimum required setback line from the ordinary high water mark or road right-of-way.

Nonconformity. The same as that term is defined or described in Minnesota Statutes 394.

Non-riparian. A lot with no frontage on a water body.

Ordinary high water level. The boundary of public waters 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 flowage, the ordinary high water level is the operating elevation of the normal summer pool. On lakes with an ordinary high water level established by the Minnesota Department of Natural Resources, that elevation shall be considered the ordinary high water level.

Planned unit development. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

Public waters. Any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 15a. However, no lake, pond, or flowage of less than ten acres in size will be regulated for the purposes of this code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the local government, be exempted from parts of this code.

Riparian. A lot with frontage on a water body.

River—transition. A river designated as such by the Minnesota Department of Natural Resources.

River—tributary. Consists of watercourses mapped in the protected waters inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics.

Sensitive resource management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, top of a bluff, road, highway, property line, or other facility.

Sewage treatment system. An on-site septic tank and soil absorption system or other individual or cluster type sewage treatment system.

Sewer system. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Shore impact zone. Land located between the ordinary high water level of public water and a line parallel to it at a setback of 50 percent of the required structure setback.

Shoreland. Land which meets all of the following criteria from public waters:

1)

A portion of the lot must be located within 1,000 feet from the ordinary high water level of a lake, or 300 feet from a river or stream, or the landward extent of a floodplain designated by an ordinance on a river or stream, whichever is greater.

2)

A portion of the lot must fall within the shoreland zoning district as delineated on the zoning map.

3)

A lot must have public water frontage or be in the next tier of lots landward that has primary access from the same public or private road that serves the public water frontage lots (tier two lots).

Significant historic site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery.

Steep slope. Land where development or agricultural activity is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics. Where specific information is not available, "steep slope" is a 12 percent slope measured over a horizontal distance of 50 feet.

Structure. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit development.

Surface water-oriented commercial use. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

Tier one. A lot or parcel of land with frontage on a public water body.

Tier two. A lot or parcel of land that is across the street from a public or private road that serves the lots fronting a public water body.

Toe of the bluff. The lower point of a bluff with an average slope exceeding 18 percent.

Top of the bluff. The highest point of a bluff with an average slope exceeding 18 percent.

Tributary stream. A stream classified as such by the Minnesota Department of Natural Resources.

Unclassified body of water. Unclassified body of water means any lake, pond, backwater, swamp, march, wetland, stream, drainage way, flowage, river, floodplain, or other water-oriented topographical features not designated as being a natural environment lake, recreational development lake, general development lake, or transition river or tributary stream on the zoning map.

Vegetation, natural. Plant life which is native to the location and which would normally grow if the ground were left undisturbed.

Variance. A modification or variation of the provisions of this ordinance as applied to a specific lot or property, except that modification in the allowable uses in the district in which the property is located shall not be allowed as a variance.

Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. For the purposes of the ordinance, wetlands must:

a)

Have a predominance of hydric soils;

b)

Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

c)

Under normal circumstances, support a prevalence of hydrophytic vegetation.

Wetlands generally include swamps, marshes, bogs, and similar areas.

A.

Compliance. The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste removal systems, the grading and filling of any shoreland area, the cutting of shoreland vegetation, and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. In cases where standards conflict with the standards of the base zoning districts, the more restrictive standard will prevail.

B.

Permits required.

1)

A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks, fences, and signs), the installation and/or alteration of sewage treatment systems, and grading and filling activities. Application for a permit shall be made to the city. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

2)

A permit authorizing an addition to an existing structure shall stipulate that an identified failed sewage treatment system shall be reconstructed or replaced.

3)

A water use permit from the City of East Bethel is required for all users withdrawing less than 10,000 gallons of water per day or less than 1,000,000 gallons per year from a public body of water. The pumping system must be enclosed in a structure not to exceed four feet by four feet and no more than two feet in height.

C.

Notification to the department of natural resources.

1)

Copies of all notices of any public hearing to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat.

2)

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

D.

Variances.

1)

Variances may only be granted in accordance with Minnesota Statutes. No variance may be granted for prohibited uses.

2)

When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance shall be sent to the department of natural resources and include the city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

3)

For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.

A.

Shoreland classification system: The public waters of the city have been classified below and are consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the Protected Waters Inventory Map for Anoka County, Minnesota.

1)

The shoreland area for the water bodies listed in this subpart [subsection 1)] shall be defined as land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage, and 300 feet from a river or stream, or the landward extent of a floodplain on a river or stream, whichever is greater. The limits of shoreland areas may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner of the DNR. Mutually inclusive with shoreland areas, the SL districts are shown on the official zoning map.

a)

Lakes.

b)

Rivers and streams.

*All protected watercourses in the city shown on the Protected Waters Inventory Map for Anoka County, a copy of which is hereby adopted by reference, not given a classification in items a) and b) above, shall be considered "tributary."

[B.

Reserved.]

C.

Land use districts:

1)

Allowable land uses in the SL districts shall follow the permitted, accessory, conditional, and interim use designations as found in Section 40. General Zoning District Provisions of this ordinance, as may be amended, and as shown on the official zoning map of the city.

2)

Nonconformities: The land use districts adopted in this section of this ordinance shall apply to shoreland areas and their delineated boundaries on the official zoning map. All legally established nonconformities as of March 3, 1993, shall be managed according to Section 05. Nonconformities of this ordinance.

A.

Lot area and width standards. The lot area and lot width standards for single- and multiple-family residential lots created after the date of enactment of this ordinance shall meet the requirements of this section.

B.

[Standards for controlled access lots.] Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:

1)

They shall meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.

2)

If docking, mooring, or over-water storage of more than six watercraft is proposed at a controlled access lot, the width of the lot (keeping the same lot depth) shall be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

3)

They shall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot.

4)

Covenants or other equally effective legal instruments shall be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water assuming summer leaf-on conditions.

C.

Placement, design, and height of structures.

1)

Lot area. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line.

2)

Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered with an approved variance to conform to the adjoining setbacks from the ordinary high water level provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows.

a)

Structure and on-site sewage system setbacks from ordinary high water level:

b)

Additional structure setbacks. The following additional structure setbacks apply regardless of the classification of the water body:

c)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

3)

Design criteria for structures.

a)

High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed is at a level at least three feet above the highest known water level or three feet above the ordinary high water level, whichever is less, of the lake, creek, or stream fronted by the property.

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to that elevation, electrical and mechanical equipment is placed above that elevation, and if long-duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

b)

Accessory structures. Said structures shall meet the normal structure setback in item c) of this subpart and comply with the following provisions:

(1)

The structure or facility must be treated or screened so as to be minimally visible from public waters and adjacent shorelands. Treatment techniques include, but are not limited to, use of vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions;

(2)

The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

c)

Stairways, lifts, and landings. Stairways and lifts shall be used for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:

(1)

Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and public recreational properties.

(2)

Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties and public recreational properties.

(3)

Canopies or roofs are not allowed on stairways, lifts, or landings.

(4)

Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion by following the Minnesota Pollution Control Agency's (MPCA) best management practices.

(5)

Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer leaf-on conditions whenever practical.

(6)

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons shall be allowed for achieving access to shore areas provided that the dimensional and performance standards of subitems 1 through 5 are complied with in addition to the requirements of Minnesota Regulations, chapter 1340.

(7)

Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. Any alteration to or use of an historic site shall be subject to applicable historic preservation regulations.

(8)

Steep slopes. The zoning administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetative screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer leaf-on conditions.

4)

Height of structures. All structures in residential districts, except churches and non-residential agricultural structures, shall not exceed 30 feet in height to the eave line of a residence or 30 feet total height for other structures.

5)

For lakes, rivers, and streams, the lowest floor level must be placed at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is greater.

D.

Shoreland alterations. Alterations to vegetation and topography shall be regulated to preserve shoreland aesthetics, preserve historic values, prevent bank slumping, fix nutrients, protect fish and wildlife habitat, and prevent erosion into public waters, according to the MPCA's Best Management Practices.

1)

Vegetation alterations. Vegetation alterations necessary for the construction of structures, sewage treatment systems, roads, and parking areas as regulated by subpart 6 of this subdivision [item 9 of this section 57] are exempt from the vegetation alteration standards that follow.

2)

Removal or alteration of vegetation within an SL district, except for agricultural and forest management uses as regulated in subparts b and c of subpart 8 of this subdivision [subsections B. and C. of item 11 of this section 57], respectively, is allowed subject to the following standards:

a)

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas but within an SL District is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

b)

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways, landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

(1)

The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer leaf-on conditions, is not substantially reduced;

(2)

Existing shading of water surfaces is preserved along rivers, creeks, and streams; and

(3)

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards in which case responsible removal is allowed.

E.

Topographic alterations/grading and filling.

1)

Grading, filling, and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly-issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this subpart shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways hereafter.

2)

Public roads and parking areas are regulated by subpart 6 of this subdivision [item 9 of this section 57].

3)

Notwithstanding items 1.) and 2.) above, a grading and filling permit will be required for:

a)

The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and

b)

The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones within an SL District.

4)

The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals:

a)

Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:

(1)

Sediment and pollutant trapping and retention;

(2)

Storage of surface runoff to prevent or reduce local flooding;

(3)

Protection of fish and wildlife habitat;

(4)

Recreational use;

(5)

Shoreline or bank stabilization; and

(6)

Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies, such as a watershed district, the Minnesota DNR, or the U.S. Army Corps of Engineers.

a) [b)]

Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

b) [c)]

Mulches or similar materials shall be used where necessary for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

c) [d)]

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used;

d) [e)]

Altered areas must be stabilized to acceptable erosion control standards consistent with the Anoka County Soil and Water Conservation Districts and the U.S. Soil Conservation Service;

e) [f)]

Fill or excavated material shall not be placed in a manner that creates an unstable slope;

f) [g)]

Plans to place fill or excavate material on steep slopes shall be reviewed by qualified professionals to promote continued slope stability and must not create finished slopes of 30 percent or greater;

g) [h)]

Fill or excavated material shall not be placed in bluff impact zones;

h) [i)]

Any alterations below the ordinary high water level of public waters must first be authorized by the DNR Commissioner under Minnesota Statutes.

i) [j)]

Alterations to topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties;

j) [k)]

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.

A.

Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified professional that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the requirements of the Anoka Conservation District.

B.

Roads, driveways, and parking areas must meet structure setbacks and shall not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.

C.

Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of subpart 5 of this subdivision [subsection E. of item 8 of this section 57] must be met.

The following general and specific standards shall apply:

A.

General standards.

1)

When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

2)

Development shall be planned and conducted to minimize the extent of disturbed areas, runoff velocities, erosion potential, and runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and sediment must be retained on-site.

3)

When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.

B.

Specific standards.

1)

Impervious surface coverage of lots shall not exceed 25 percent of the lot area.

2)

When constructed facilities are used for stormwater management, documentation must be provided by a qualified professional that they are designed and installed consistent with the Anoka Conservation District requirements.

3)

Newly-constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

A.

Standards for commercial, industrial, public, and semi-public uses.

1)

Surface water-oriented commercial uses and industrial, public, or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses must meet the following standards:

a)

In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

b)

Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.

c)

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

(1)

No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.

(2)

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information.

(3)

Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

2)

Commercial, industrial, public, and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by topography or vegetation, assuming summer leaf-on conditions.

B.

Agriculture use standards.

1)

General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the Anoka Conservation District requirements or the U.S. Soil Conservation Service, as provided by a qualified professional or agency.

2)

The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

C.

Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment—Forestry, and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."

D.

Extractive use standards.

1)

Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated alterations to vegetation and topography. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

2)

Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

C[E].

Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in Minnesota Statutes, shall be a permitted use provided the provisions of Minnesota Statutes and all city ordinances are satisfied.

Conditional and interim uses allowable within shoreland areas shall be subject to the review and approval procedures established in Section 04. Applications and Procedures of this ordinance. The following additional evaluation criteria and conditions apply within shoreland areas:

A.

Evaluation criteria. A thorough evaluation of the water body and the topography, vegetation, and soils conditions on the site must be made to ensure:

1)

The prevention of soil erosion or other possible pollution of public waters both during and after construction;

2)

The visibility of structures and other facilities as viewed from public waters is limited;

3)

The site is adequate for water supply and on-site sewage treatment;

4)

The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

B.

Conditions attached to conditional or interim use permits. The city council, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional or interim use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:

1)

Increased setbacks from the ordinary high water level;

2)

Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

3)

Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

A.

Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the MPCA.

B.

Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment as follows:

1)

Publicly owned sewer systems must be used where available.

2)

All private sewage treatment systems must meet or exceed the MPCA standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080."

3)

On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in this section.

4)

All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in this section. If the determination of a site's suitability cannot be made with publicly available and existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.

Evaluation criteria:

a)

Depth to the highest known or calculated groundwater table and bedrock.

b)

Soil conditions, properties, and permeability.

c)

Slope.

d)

The existence of lowlands, local surface depressions, and rock outcrops.

5)

All lots must have sufficient area for the construction of two soil treatment areas, wherever possible.

6)

Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Section 13. [General Residential Building Standards] of this subdivision.

All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and Section 04. Applications and Procedures of this ordinance for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:

A.

Construction on nonconforming lots of record.

1)

Lots of record in the Office of the Anoka County Recorder on the date of enactment of local shoreland controls that do not meet requirements of this section may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, the lot was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met.

2)

A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the planning commission shall consider sewage treatment and water supply capabilities and constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

3)

If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of the ordinance as much as possible.

B.

Additions/expansions to nonconforming structures.

1)

All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this section. Any deviation from these requirements must be authorized by a variance in accordance with Section 04. Applications and Procedures.

2)

Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

a)

The structure existed on the date the structure setbacks were established.

b)

A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.

c)

The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive.

d)

The deck is constructed primarily of wood, and is not roofed or screen-enclosed.

C.

Nonconforming sewage treatment systems.

1)

A sewage treatment system not meeting the requirements of subpart 10 of this subdivision must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on or use of the property, prior to issuance of any permits. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.

2)

The city council has by formal resolution notified the DNR Commissioner of its program to identify nonconforming sewage treatment systems. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time not to exceed ten months. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the MPCA for design of on-site sewage treatment systems, shall be considered nonconforming.

A.

Land suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. A suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the city.

B.

Consistency with other controls. Subdivisions shall conform to all official controls of the city. A subdivision shall not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. A subdivision shall not be approved unless domestic water supply is available and a sewage treatment system consistent with this ordinance is installable and operable. Each lot shall meet the minimum lot size and dimensional requirements of this ordinance, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

C.

Information requirements. The following information shall be required to determine land suitability:

1)

Topographic contours at two foot intervals or less from U.S. Geological Survey maps or more accurate sources showing limiting site characteristics;

2)

The surface water features required in Minnesota Statutes to be shown on plats obtained from U.S. Geological Survey quadrangle topographic maps or more accurate sources;

3)

Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

4)

Information regarding adequacy of domestic water supply, extent of anticipated vegetation and topographic alterations, near-shore aquatic conditions, including depths to and types of bottom sediments and aquatic vegetation, and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

5)

Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

6)

A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

D.

Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

E.

Platting. All subdivisions that create lots or parcels that are less than five acres in size, have less than 300 feet road frontage and width on a publicly-maintained street, or if a street is to be constructed or dedicated for the purpose of subdividing, shall be processed as a plat in accordance with the city's subdivision ordinance.

F.

Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision shall meet or exceed the sizing criteria in this section.

(Ord. No. 19, Second Series, 5-5-2010)