The purpose of performance standards is to establish specific and quantifiable limitations on identified types of pollution and other activities which have a high nuisance potential. The performance standards apply in all zoning districts unless specifically stated to the contrary.

a)   Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel. Reflected glare or spill light shall not exceed five-tenths footcandles as measured on the property line when abutting any residential parcel and one footcandle on any abutting commercial or industrial parcel. Street lights installed in public right-of-way shall be excepted from these standards.

b)   Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood.

c)   No flickering or flashing lights shall be permitted.

d)   Direct, off-site views of the light source shall not be permitted except for globe and ornamental light fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only be approved when the developer can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fixture design or location or both.

e)   The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this ordinance.

(Amended by Ord. No. 2012-20, adopted Dec. 3, 2012; Amended by Ord. No. 2012-07. adopted June 25, 2012)

a)   Noises emanating from any use shall be in compliance with and regulated by the standards of the Minnesota Pollution Control Agency. Any use established or remodeled after the effective date of this ordinance shall be so operated as to prevent vibration discernable at any point beyond the lot line of the site on which such use is located. The city may also limit the hours of operation of outdoor noise if it is deemed necessary to reduce impacts on the surrounding neighborhood.

b)   Ground vibration and noise caused by motor vehicles, trains, aircraft operations or temporary construction or demolition shall be exempt from these regulations. However, if deemed appropriate, the city may establish limits on the hours of operation of temporary construction or demolition operation to limit off-site impacts

No use shall produce or emit smoke, dust or particulate matter exceeding applicable regulations established by the Minnesota Pollution Control Agency.

No use shall produce unreasonable or disturbing odors beyond the property line exceeding applicable regulations established by the Minnesota Pollution Control Agency.

No use or operation shall emit a concentration of toxic or noxious matter across the property line which exceeds applicable regulations of the Minnesota Pollution Control Agency.

No operation shall be conducted which exceeds the standards established by applicable regulations of the Minnesota Department of Health.

No use shall produce any unreasonable, disturbing or unnecessary emissions of heat or humidity beyond the property line which cause material distress, discomfort or injury to persons of ordinary sensitivity.

No use shall produce electromagnetic interference with normal radio or television reception in any residential district, or exceed applicable standards established by any applicable federal or state regulations.

All uses shall be subject to the fire prevention code of the city.

All uses shall be subject to: (1) applicable regulations of the city and the metropolitan waste control commission governing discharge into a public storm or sanitary sewer, waterway or stream; and (2) the waste controls found in city ordinance and water resources management plan.

(Amended by Ord. No. 2015-07, adopted March 2, 2015)

(Amended by Ord. No. 2004-37, adopted December 20, 2004; Amended by Ord. No. 2012-07, adopted June 25, 2012; Amended by Ord. No. 2016-08, effective May 23, 2016; Amended by Ord. No. 2023-04, effective May 18, 2023.)

a)   Receive-only satellite dish antennas and other antenna devices subject to the following requirements:

   1)   shall be in compliance with all city building and electrical code requirements;

   2)   verification that the structural design has been approved by a professional engineer;

   3)   verification that the mounting system and installation have been approved by a professional engineer;

   4)   one per building or, if more than one antenna is proposed, the antennas shall be clustered in a single, screened location;

   5)   submission of written authorization from the property owner;

   6)   no advertising message shall be on the antenna structure;

   7)   shall comply with setback requirements for principal structures and in no event shall be located between the principal structure and the front lot line;

   8)   shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antennas and materials compatible with those utilized on the exterior of the building for roof mounted antennas;

   9)   antennas located closer to a property line than the height of the antenna shall be designed and engineered to collapse progressively within the distance between the antenna and the property line;

   10)   shall be in compliance with all applicable federal communications commission (FCC) requirements; and

   11)   antenna height shall be no more than 60 feet as measured from the ground upon which it is located.

a)   The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets and highways. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements.

a)   Purpose. The purpose of this section is to require preparation and implementation of grading and erosion control plans for land-disturbing activity to:

   1)   prevent sediment deposits on roadways;

   2)   retain sediment on site;

   3)   prevent disruption or damage to water resources and public stormwater systems;

   4)   prevent adverse impacts to neighboring property

   5)   reduce soil compaction and enhance infiltration and the establishment of vegetation;

   6)   prevent damage to natural resources, such as trees, that are intended to be preserved; and

   7)   maintain stable slopes.

b)   Grading Permit.

   1)   Except as provided below, a grading permit is required for the following activities:

      a.   excavating, grading, filling or other land-disturbing activity on a per project basis that exposes soil in an area or areas encompassing at least 5,000 square feet or results in the movement of at least 50 cubic yards of material;

      b.    excavating, grading, filling or any other land-disturbing activity that exposes soil in or on any steep slope, wetland, floodplain or shoreland; or

      c.   excavating, grading, filling or any other land-disturbing activity that de-stabilizes the soil, involves the movement of contaminated soils, involves work in the right-of-way that is approved by the city engineer, or creates the potential of erosion onto property not in common ownership with the location of the activity or creates the potential of erosion into a water resource.

   2)   A separate grading permit is not required for land disturbing activity that is undertaken in compliance with a grading and erosion control plan approved in conjunction with a building permit if in conformance with subdivisions 16 and 17 of this section.

c)   Grading and Erosion Control Plan. A grading and erosion control plan is required to be submitted for city approval as part of an application for any grading permit, preliminary plat, site plan review, lot division, and wetland/floodplain alteration permit, and as part of an application for a building permit that involves any amount of land-disturbing activity.

d)   Definition. For purpose of subdivisions 15, 16, 17, and 18, the term "water resource or resources" means any lake, creek, pond, or wetland.

(Subdivision repealed and replaced by Ord. No. 2011-29, adopted December 19, 2011)

a)   An application for a grading permit must be made to the city planner on forms provided by the city and be accompanied by the permit fee specified in section 710 and a grading and erosion control plan that includes the following information as required by the city:

   1)   existing and proposed final grades utilizing two foot contour intervals and spot elevations;

   2)   a survey showing the site's property lines, location and elevation of all existing and proposed roads, utilities and structures on and adjacent to the site;

   3)   a development concept plan indicating how the re-contoured parcel may be developed in a manner consistent with this section and the comprehensive plan;

   4)   a survey showing all floodplain areas, water resources and their required buffers on and adjacent to the site, and indicating the receiving floodplain or water resource for drainage from the site;

   5)   the location of any water body that is identified as impaired pursuant to section 303(d) of the Clean Water Act and meeting the specific impaired waters criteria of the Minnesota Pollution Control Agency and that is within one mile of the site;

   6)   a drainage plan that includes the existing and proposed direction of drainage, stormwater conveyance systems to which the site drains, any stormwater management practices that are required by the city's water resources management plan and any engineering plans and specifications that may be deemed necessary by the city engineer, along with supporting calculations for all engineering work;

   7)   a tree survey and tree preservation plan that complies with the requirements of city code 300.28 subdivision 19;

   8)   a landscaping and site restoration plan;

   9)   a grading and erosion control plan which indicates how the control measures in subdivision 17 will be implemented;

   10)   a stormwater pollution prevention plan;

   11)   designated locations for cleaning concrete trucks if needed;

   12)   proposed locations of soil stock piles;

   13)   the location of where compaction is to be prevented and/or mitigated;

   14)   an estimate of the amounts of material being moved within the site, onto the site, and away from the site;

   15)   an earth work balance summary designating cut and fill locations;

   16)   a soils engineering report and a geological report including data obtained from the requested site investigation; a description of the types, composition, permeability, stability, erodability and distribution of existing soils on the site; a description of the site geology; and conclusions and revisions to the proposed land-disturbing activity or erosion control plan;

   17)   a construction management plan which includes a description of grading and construction activities, a schedule that outlines these activities, hours of activity, a traffic analysis showing how the material will be removed from or delivered to the site, a site maintenance inspection schedule and other items requested by the city. The site maintenance inspection schedule must indicate the person responsible for implementing the erosion control plan;

   18)   written permission from the owner of the property where grading activity will take place, if the property is not owned by the applicant;

   19)   a cash deposit or a letter of credit in a form acceptable to the city attorney in an amount not to exceed 150% of the estimated cost of the work, or 125% of an actual bid, to ensure proper implementation of a grading and erosion control plan or site restoration if the applicant defaults on his or her responsibilities;

   20)   status of all necessary permits from other governmental agencies, including a watershed district, the state, and federal government, site inspection logs, transfer of permit ownership as required by the MPCA, or proof that a permit has been approved or is not required by these agencies.

   21)   a cash deposit in an amount not to exceed 150% of the estimated cost, or 125% of an actual bid, for the city to hire a private inspector to inspect the site for compliance during the work, if the area of site disturbance encompasses one acre or more. The city may instead allow the applicant to hire a private inspector if the inspector provides weekly compliance updates to the city on a form acceptable to the city and if the agreement with the inspector and the inspector's contact information are provided to the city before issuance of the permit;

   22)   a cash deposit or a letter of credit in a form acceptable to the city attorney in an amount not to exceed 150% of the estimated cost of potential repairs to public streets from earth hauling activities as reasonably determined by the city engineer;

   23)   an agreement signed by the applicant indicating that the city may use the financial security to correct violations of the approved plan within 48 hours of written notification by the city to the applicant; and

   24)   other information as may be required by the city.

b)   A grading permit and grading and erosion control plan will not be approved until all erosion control, tree protection and construction limit measures have been installed and inspected by the city.

(Amended by Ord. No. 2015-06, adopted March 2, 2015; amended by Ord. No. 2012-07, adopted June 25, 2012; Subdivision repealed and replaced by Ord. No. 2011-29, adopted December 19, 2011)

a)   All plans must be consistent with the Minnesota Pollution Control Agency's construction general permit as applicable.

b)   Except as otherwise provided by the city planner, a grading and erosion control plan and the work conducted under an approved plan must comply with all of the following requirements as applicable:

   1)   The work must be scheduled so as to minimize the amount of soil exposed at any one time. Land disturbance and removal of existing vegetation must be minimized to avoid adverse impacts to adjacent properties and natural resources. All exposed soil must be stabilized as soon as possible if the exposed soil has not been worked for 14 days.

   2)   Structures must be designed to conform to the existing site topography as much as reasonably possible.

   3)   Temporary rock construction driveways or other acceptable best management practice must be installed and maintained as needed wherever vehicles enter and exit a site.

   4)   Streets must be cleaned and swept whenever tracking of sediments occurs and before sites are left idle for weekends and holidays. A regular sweeping schedule must be established. A copy of the street-sweeping service agreement and company contact information may be required before issuance of the permit.

   5)   Silt fence or equivalent sediment control measures to be used must conform to the city's standard.

   6)   Silt fences or equivalent sediment control measures must be installed along the downslope and sideslope perimeters of the approved grading and construction limits. Perimeter controls should be located to maintain a buffer of existing vegetation during construction, as site conditions allow, along the edges of any curbs, wetlands, channels or other water resources that could receive sediment from the site.

   7)   Tree protection or construction fence must be installed to minimize impacts to the critical root zones of adjacent trees or to prevent impacts to adjacent properties.

   8)   The city may require heavy-duty fencing such as chain link or wire mesh along the approved grading and construction limits. The city may require signs to be posted that prohibit construction or grading activity beyond the required fencing.

   9)   Sufficient silt fence or equivalent is required to hold all sheet flow runoff generated at an individual site. Additional measures such as check dams, diversion, temporary or permanent sedimentation basins are required to handle channelized flow.

   10)   All erosion and sediment control and tree and wetland protection measures must be inspected on a weekly basis and maintained. Sediment must be removed from these measures when it accumulates to a depth of 1/3 of the designed capacity.

   11)   All storm drain inlets must be protected during construction.

   12)   Newly installed and rehabilitated catch basins must be provided with a sump area or grit chamber for collecting coarse-grained material as required by the city engineer. Such basins must be cleaned when they are half filled with material and at the time of project completion.

   13) Pipe outlets must be provided with temporary or permanent energy dissipation within 24 hours of connection to a surface water.

   14) The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from the site, or diverts water around a site must be stabilized. Stabilization must be completed within 24 hours of connecting to a surface water. Portions of the ditch that are under construction must be stabilized within 24 hours after the construction activity in that portion has ceased. The normal wetted perimeter is defined as the area that is in contact with water during annual flow events.

   15)   Sediment, construction debris, or other temporary impacts from the activity must be removed from water resources, adjacent properties, or other areas that were intended to be protected as part of the city's approval. The removal must restore the sites to previous or improved conditions. The city must be contacted before removing sediment from a water resource, tree preservation area, or other protected area to ensure that the removal does not result in additional damage. A restoration plan may be required by the city.

   16)   Temporary soil stockpiles must have silt fence or other sediment controls in place if not already contained by perimeter controls, and must not be placed in any natural buffers, surface waters, drainage patterns or storm water conveyances.

   17)   Soil stockpiles and slopes equal to or greater than 3:1 that will not be worked for over 14 days must be stabilized with vegetation, mulch, tarps or other means unless no run-off from them is directed toward a watercourse, tree protection area, or the site perimeter. The city may require that slopes steeper than 12% that will not be worked for 14 days must be temporarily stabilized if directed toward a water resource, tree protection area, adjacent property, roadway, or other sensitive area.

   18)   The work must avoid creating or altering topography in a manner that appears artificial or out of place with adjacent property.

   19)   Slopes that are created may not be steeper than 3:1. The city may allow temporary or permanent created slopes steeper than 3:1 in an area where a retaining wall would pose a practical difficulty or in public improvements that serve the greater public good if the final grades are approved by the city engineer and the created slope:

      a.   is not steeper than 2:1 in any event;

      b.   is permanently stabilized with deep-rooted vegetation, rip-rap, boulders, or other groundcover adequate to control erosion and does not require mowing or other maintenance by equipment that would need to traverse the slope;

      c.   contains no unbroken slope length greater than 30 feet in order to maintain sheet flow and minimize rills and gullies;

      d.   is not directed toward a water resource;

      e.   does not inhibit snow storage or maintenance of a public improvement and is not located within a public easement;

      f.   does not obstruct a traffic sightline or pose a safety hazard; and

      g.   does not adversely impact drainage toward, or pose potential erosion onto, adjacent property.

   20)    When one or more acres of disturbed soil drains to a common location the site must be in compliance with the Minnesota Pollution Control Agency's construction general permit which includes the installation of a temporary sediment basin to provide treatment to the runoff before it leaves the site or enters surface waters. A temporary basin may be converted into a permanent basin after construction is complete. The city engineer may also require a temporary sediment basin for those sites that are less than one acre based on site conditions. In both instances the basin must be designed and constructed according to the city's water resources management plan.

   21)   Dewatering and draining activities must be discharged to on-site temporary or permanent sediment basins whenever possible. Dewatering and draining activities must not result in the release of sediment toward or into water resources, the street, or other areas that were intended to be protected as part of the city's approval. The dewatering rate and direction must be controlled and must incorporate energy dissipation to prevent flooding or other harm to water resources or adjacent property. The city must be notified of the dewatering schedule prior to the start of work.

   22)    All waste and unused building materials such as garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials must be properly disposed of and not allowed to be carried by runoff into a surface water, receiving channel or storm sewer conveyances.

      a.   Solid waste: All unused building materials and waste such as contaminated sediment, asphalt and concrete millings, floating debris, paper, plastic, and fabric must be disposed of accordingly and comply with disposal requirements set forth by the Minnesota Pollution Control Agency.

      b.   Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must be properly stored, including secondary containment, to prevent spills, leaks or other discharges. Access to the storage areas must be restricted to prevent vandalism. Storage and disposal of hazardous or toxic substance must be in compliance with the requirements set forth by the Minnesota Pollution Control Agency.

      c.   Liquid waste: All other non-stormwater discharges such as concrete truck washout, vehicle washing or maintenance spills produced during the construction activity may not be discharged to any surface waters and must be properly disposed of.

      d.   External washing of equipment and vehicles, including concrete trucks: All external washing activities must be limited to a designated area of the site as provided on the approved grading and erosion control plan as applicable. All runoff must be contained and wastes from external washing activities must not cause erosion, pollution or damage to trees or other natural resources and must be disposed of properly. No engine degreasing is allowed on the site.

      e.   Wastes generated by concrete and other washout operations on sites that require a Minnesota Pollution Control Agency construction general permit: All liquid and solid wastes generated by any concrete or other washout operations must be contained in a leak proof facility or impermeable liner. Concrete waste must not come into contact with the ground. Concrete waste must be disposed of properly and in compliance with applicable Minnesota Pollution Control Agency regulations.

   23)   Dust must be adequately controlled by site watering, temporary stabilization, or other means approved by the city.

   24)   The burial of organic materials such as trees, lumber, and yard waste that could decompose is prohibited. No rock, concrete, or other construction material or debris may be buried unless approved by city staff.

   25)   All on-site construction debris must be contained. A regularly scheduled trash removal service must be hired to remove this debris. A copy of the service agreement and company contact information may be required before issuance of the permit.

   26)   All temporary erosion and sediment control, tree protection fencing, and other temporary protection measures must be removed within 30 days after permanent groundcover has been fully established, inspected, and approved by the city. The city may grant an extension for frozen ground conditions.

   27)   At a minimum, the work must conform to the city's water resources management plan, the current version of the Minnesota Pollution Control Agency's publication regarding protecting water quality in urban areas, and the Metropolitan Council's publication about urban small sites best management practices, or equivalent.

   28)   A site that drains to a water identified as impaired pursuant to section 303(d) of the Clean Water Act and meeting the specific impaired waters criteria of the Minnesota Pollution Control Agency and that is within a one-mile linear distance from that impaired water may be required to comply with additional site-specific standards, including:

      a.   stabilizing all exposed soil areas as soon as possible to limit soil erosion if the soil areas have not been worked for 7 days; and

      b.   using a temporary sediment basin for common drainage locations that serve an area with five or more acres disturbed at one time.

   29)   The plan and work must comply with the performance standards regulating trees and steep slopes under subdivisions 19 and 20 below.

   30)   During construction of an infiltration or biofiltration system, sediment controls must be used to prevent the discharge of sediment into the infiltration or biofiltration area. The area must not be compacted while the site is under construction. Infiltration or biofiltration areas must not be excavated to final grade until the contributing drainage areas have been permanently stabilized.

   31)   As-built plans must be provided for ponding, infiltration areas or other areas as required by the city engineer. The city may also require as-built plans for final grades and structures such as retaining walls, foundations, and catch basins.

   32)   Other measures may be required by the city if warranted at an individual site, such as:

      a.   screening retaining walls;

      b.   planting or re-vegetating large slopes with vegetation similar to that which was removed, except that turf grass must be re-vegetated with native deep rooted species;

      c.   providing a site maintenance inspection log to be maintained by the applicant or the applicant's contractor for compliance with the grading and erosion control plan or the construction management plan as required. The log must be a written record and include:

         1) the name of the person who conducted the inspection;

         2) the date of the inspection and any associated maintenance activity;

         3) the findings of the inspection;

                  4) a description of corrective work completed, if any;

         5) the date the corrective work was completed;

         6) the date and amount of rainfall events in excess of 0.5 inches in a 24-hour period.

      d.   decompacting soils, outside the intact critical root zones of trees to be protected, to a depth of 18 inches;

      e.   spreading at least 6 inches of topsoil or other organic material and incorporating it into the underlying soil during final site treatment in order to increase infiltration or improve establishment of vegetation; and

      f.   imposing additional conditions to protect the public interest.

c)   All items listed in subdivision 17(a) must be maintained throughout the course of construction and grading activity.

d)   If a grading and erosion control plan has been implemented but is reasonably considered by the city planner to be inadequate in achieving the policy objectives described in subdivision 15(a), the city may require the permittee to modify and implement the plan to achieve those objectives.

e)   If a Minnesota Pollution Control Agency construction general permit is required the applicant must obtain the permit, submit proof to the city that the permit has been acquired, submit proof to the city that the permit has been transferred if applicable, and comply with the regulation.

f)   Upon written notification from the applicant that all land-disturbing activities are complete, the site has been permanently stabilized or re-vegetated, and all temporary erosion and sediment controls, tree protection fencing and construction limit fencing have been removed, the city will inspect the site and release any security being held if the site is deemed to be in compliance with the approved grading permit and the grading and erosion control plan.

(Amended by Ord. No. 2015-06, adopted March 2, 2015; Subdivision repealed and replaced by Ord. No. 2011-29, adopted December 19, 2011)

a)   No person may undertake, authorize or permit any excavating, grading, filling or any other land-disturbing activity that exposes soil:

   1)   if the person does not have a city-approved grading permit or city-approved grading and erosion control plan; or

   2)   if the action violates or is not in compliance with a city-approved grading and erosion control plan or a required grading permit issued by the city, or a Minnesota Pollution Control Agency construction general permit if required, including the approved plans and all terms and conditions of the permit.

b)   The city may inspect any property subject to an approved grading and erosion control plan or grading permit to ensure that erosion and sediment control and tree protection measures are properly installed and maintained. Upon request by the city the site maintenance inspection log must be made available within 24 hours of the request.

c)   If the soil is not permanently stabilized through landscaping when a certificate of occupancy is issued, the city may require a cash deposit or letter of credit in a form acceptable to the city attorney not to exceed 150% of the estimated cost, or 125% of an actual bid, to ensure compliance with the approved grading and erosion control plan for the site.

d)   A public nuisance exists when there is any violation of the provisions of subdivisions 15 through 18 or the Minnesota Pollution Control Agency construction general permit if required. A public nuisance also exists when erosion or drainage from a property is causing, or has the likelihood of causing, serious harm to neighboring property, the city's stormwater system, or to natural resources such as significant trees, water resources, and wetland buffers. Serious harm includes actual damage as well as interference with reasonable use of the property.

e)   Whenever the city finds noncompliance with any provision of subdivisions 15 through 18, or the Minnesota Pollution Control Agency construction general permit if required staff will attempt to communicate with the permittee and the landowner to obtain immediate and voluntary compliance. If that person is not readily available or refuses to comply within reasonable deadlines, the city may take any or all of the following actions, provided that written notice of the noncompliance has been sent to the permittee and landowner or posted on the property:

   1)   implement the necessary corrective measures and pay for them with financial security deposited with the city;

   2)   initiate proceedings to abate a public nuisance under section 845 of this code;

   3)   withhold inspections or any city approvals for the property in question until compliance is achieved;

   4)   issue a stop work order for the project in question until compliance is achieved;

   5)   revoke the permit; and

   6)   pursue criminal and civil penalties under section 1310 of this code.

(Subdivision repealed and replaced by Ord. No. 2011-29, effective December 19, 2011; amended by Ord. No. 2015-06, effective March 2, 2015)

As outlined in City Code Section 314.

(Repealed and amended by Ord. No. 2008-24, effective August 25, 2008; amended by Ord. No. 2015-05, effective March 2, 2015; repealed and amended by Ord. No. 2021-24, effective October 18, 2021)

a)   Purpose. The purposes of the standards governing the alteration of steep slopes are to:

   1)   preserve steep slopes in essentially their natural state as part of a comprehensive open- space plan;

   2)   encourage alternative approaches to conventional flatland development practices in areas of steep slopes, including the planning of development which fits the existing topography of the site;

   3)   minimize grading and cut-and-fill operations consistent with the retention of the natural character of steep slopes;

   4)   minimize the short and long-term increase in stormwater water-runoff and soil erosion problems incurred in the grading and development of steep slopes;

   5)   preserve the predominant views, both from and of the steep slopes; and

   6)   preserve the variety of topography which exists in the city and is an integral part of this city’s identity.

b)   Standards.

   1)   The city may require that a property be rezoned and developed as a planned unit development to utilize flexible development standards to preserve steep slopes.

   2)   Construction, development, grading, filling, and any other method of alteration may occur on a steep slope only if they meet the standards of this ordinance and are approved by the city. City approval will be by the city council, planning commission or city planner, depending on who is authorized to approve the associated development application.

   3)   The city will approve steep slope development only if the city can make the findings specified below. In making these findings, the city will evaluate the extent to which the development meets the design guidelines included under each finding. It is the intent to require compliance with as many design guidelines as possible, but the city may choose to not require compliance with every guideline, if the findings are still achieved.

   Finding 1.   The property is physically suitable for the design and siting of the proposed development. The proposed development will preserve significant natural features by minimizing disturbance to existing topographical forms.

      a.   design developments into steep slopes, rather than making significant alterations to the slope to fit the development:

         1.   avoid building pads that result in extensive grading outside the building footprint and driveway areas;

         2.   use retaining walls as an alternative to banks of cut-and-fill, and design and site such walls to avoid adverse visual impact;

         3.   allow for clustering with different lot shapes and sizes, with the prime determinant being to maximize the preservation of the natural terrain;

         4.   allow flag lots when appropriate to minimize grading;

         5.   avoid cuts and fills greater than 25 feet in depth; and

         6.   design grading to preserve the crest of prominent ridges. Buildings may be located on the prominent ridges, as long as the requirements of this subdivision are met.

      b.   design streets and driveways that generally follow existing contours, except where necessary for public safety or to minimize the adverse impacts from traffic:

         1.   use cul-de-sacs and common drives where practical and desirable to preserve slopes; and

         2.   avoid individual long driveways, unless necessary to locate the principal structure on a less sensitive area of the site.

      c.   concentrate development on the least sensitive portion of the site to maximize the preservation of significant trees and natural features:

         1.   preserve sensitive areas by clustering buildings or using other innovative approaches; and

         2.   maintain sufficient vegetation and design the scale of development so that it does not overwhelm the natural character of the steep slope.

      d.   preserve steep slopes that buffer residences from non-residential sources of light and noise.

   Finding 2.   The development will not result in soil erosion, flooding, severe scarring, reduced water quality, inadequate drainage control, or other problems.

      a.   wherever practical, minimize the impervious surface area and maximize the use of the natural drainage systems:

         1.   design any new drainage systems away from neighboring properties, away from cut faces or sloping surfaces of a fill, and toward appropriate drainage facilities, whether artificial or natural. Drainage systems must comply with the city’s water resources management plan; and

         2.   use the existing natural drainage system as much as possible in its unimproved state, if the natural system adequately controls erosion.

      b.   avoid building on or creating steep slopes with an average grade of 30 percent or more. The city may prohibit building on or creating such slopes in the following situations:

         1.   where the city determines that reasonable development can occur on the site without building on or creating such slopes; or

         2.   development on such slopes would create real or potentially detrimental drainage or erosion problems.

      c.   design slopes to be in character with the surrounding natural terrain;

      d.   use benching, terracing, or other slope-stabilizing techniques for fill, as determined appropriate by the city engineer;

      e.   install and maintain erosion control measures during construction in accordance with the current Minnesota pollution control agency best management practices; and

      f.   revegetate disturbed slopes as soon as practical after grading to stabilize steep slopes and prevent erosion, as required by the city.

   Finding 3.   The proposed development provides adequate measures to protect public safety.

      a.   limit the slopes of private driveways to not more than 10 percent, unless necessary to minimize excessive grading. Where the grade exceeds 10 percent, the driveway should have sufficient flat areas at the top and toe to provide vehicles a landing area and to avoid vehicles slipping onto the adjacent street during icy conditions. The city may require a driveway turn-around; and

      b.   provide sufficient access for emergency vehicles to reach the proposed buildings.

   4)   The city may require that the applicant provide engineering certification, acceptable to the city, that no excavation or fill will cause any steep slope to become unstable; impose loads that may affect the safety of structures or steep slopes; interfere with adequate drainage for the site area and the area that drains directly to the site; obstruct, damage, or adversely affect existing sewerage or drainage; adversely affect the quality of stormwater runoff; adversely affect downstream properties, wetlands or bodies of water; or cause adverse erosion or sedimentation.

   5)   The city may require that the applicant provide certification from a registered engineer that the final grading was completed in compliance with the approved grading plan.

   6)   The city may require the applicant to prepare and record a declaration of covenants, conditions and restrictions, in a form acceptable to the city attorney, providing for property owner maintenance of manufactured slope areas, acceptance of all risks and liability associated with those areas, and release of the city from all associated claims.

c)   Applicability.

   1)   This subdivision does not apply to the expansion or reconstruction of an existing structure, where the footprint of the completed building does not exceed 150 percent of the structure footprint existing on June 23, 1997. The person wishing to qualify for this exception must:

      a.   show that the structure existed on June 23, 1997; and

      b.   undertake the construction pursuant to plans that are approved by the city planner and that provide adequate surface water drainage, appropriate erosion control, and safe driveway access to adjacent streets.

   2)   Lots existing on June 23, 1997, are subject to all of the standards in this subdivision, except:

      a.   the standards may not be applied to lot divisions or subdivisions preliminarily approved within one year, and finally approved within two years, before June 23, 1997, to the extent that this is prohibited by Minn. Stat. § 462.358, subd. 3c; and

      b.   the standards may not be used to prohibit development of undeveloped lots finally approved between December 31, 1991 and June 23, 1997, but the standards may be applied to regulate that development.

The city may require conservation easements to accomplish one or more of the following: to ensure that selected areas of significant trees are not destroyed after development has been approved, to prevent development of selected steep slopes areas, and to preserve areas not intended for further development.

(Amended by Ord. No. 2012-07, adopted June 25, 2012)

Visibility from any access point to a public street shall be unobstructed above the height of 2½ feet for a distance determined by the city to be adequate for the operating speed on the street. This applies to any wall, fence, structure, sign, vegetation or other obstruction which is determined to pose a danger to traffic by limiting views of on-coming vehicles.

Any person who violates, fails to comply with or assists, directs or permits the violation of the terms or conditions of an approved site and building plan, landscape plan or grading plan is guilty of a misdemeanor. A violation is a violation of the approved site and building plan, landscape plan or grading plan and renders the approval or plan null and void. A violation also constitutes a public nuisance that may be abated in accordance with the provisions of section 845.

(Amended by Ord. No. 2008-25, adopted August 25, 2008; Amended by Ord. No. 2003-25, adopted October 27, 2003; Amended by Ord. No. 2003-11, adopted April 14, 2003; Amended by Ord. No. 2002-20, adopted August 12, 2002; Amended by Ord. No. 99-21, adopted August 30, 1999; amended by Ord. No. 2022-18, effective November 14, 2022)