(a)

Policy and application.

(1)

Policy. The uncontrolled use of shorelands in the city 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 use and development of shorelands of public waters.

(2)

Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. ch. 103G, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. ch. 462.

(3)

Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in subsection 4-25(b) of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code.

(4)

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 grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations.

(5)

District application. The shoreland permit overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in section 4-4(a) of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland permit overlay district shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply.

(6)

District boundaries. The boundaries of the shoreland permit overlay district within the city consists of the first tier of riparian lots abutting a protected lake or tributary identified in subsection 4-25(b) of this Code. The specific boundaries of the shoreland permit overlay district is shown on the New Hope Zoning Map.

(b)

Shoreland classification system.

(1)

Public waters. The public waters of New Hope have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota.

(2)

Official map. The shoreland permit district for the waterbodies listed below shall be shown on the New Hope Zoning Map.

(3)

Lakes.

(4)

Rivers and streams.

Tributary Streams

Bass Creek

Bassett Creek - North Branch

(c)

Administration.

(1)

Shoreland permit required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur within the shoreland permit district. Application for a permit shall be filed with the zoning administrator or any staff persons designated by the city manager on an official application form of the city, accompanied by a fee as set forth in the city's fee schedule. Where required by law, the shoreland permit application shall be forwarded to Hennepin County and the applicable watershed district for review and comment. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use.

(2)

Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in this Code. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this Code and shall be punishable as provided in this Code.

(3)

Variance. Variances may only be granted in accordance with section 4-36 of this Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.

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 required in subsection (4) below shall also include the planning commission and city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

(4)

Conditional use permit. Conditional use permits may only be granted in accordance with section 4-33 of this Code. A conditionally permitted use may not circumvent the general purposes and intent of this Code. The following additional evaluation criteria and conditions apply within shoreland areas:

a.

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

b.

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

c.

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.

(5)

Notifications to the Department of Natural Resources.

a.

Public hearings. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must 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 must include copies of the subdivision/plat.

b.

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

(d)

Land use district descriptions.

(1)

Allowed uses. Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within sections 4-5 through 4-24 of this Code.

(e)

Lot area and width standards. Lot area and width standards for residential development shall be regulated per the underlying zoning district. Said minimum requirements are as follows:

(1)

Residential:

*2,200 square feet in an R-4 District

(2)

Commercial and industrial:

(f)

Placement, design, and height of structures.

(1)

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 without a 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.

Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district.

b.

Ordinary high water level setback. Structure setbacks (in feet) from the ordinary high water level.

c.

Required bluff setback. The following setback shall be applied, regardless of the classification of the waterbody:

d.

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

e.

Height of structures. Maximum allowable height for all structures shall be as follows:

(2)

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, structures must be placed at least three feet above the highest known water level, or two feet above the ordinary high water level, whichever is higher.

b.

Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection a above if this water-oriented accessory structure complies with the following provisions:

1.

Each lot shall be limited to one accessory building in addition to an accessory garage.

2.

The structure or facility must not exceed 15 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.

3.

The setback of the structure or facility from the ordinary high water level must be at least ten feet.

4.

The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.

5.

The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area.

6.

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

7.

As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

c.

Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to the shoreland permit district areas. Stairways and lifts must meet the following design requirements:

1.

Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments.

2.

Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments.

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.

5.

Stairways, lifts, and landings must 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 are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (i) to (v) are complied with, in addition to the requirements of Minnesota Regulations, Chapter 1340.

d.

Steep slopes. The zoning administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of 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 vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(3)

Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

a.

Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards:

1.

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.

2.

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 to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that:

i.

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

ii.

Along rivers, existing shading of water surfaces is preserved.

iii.

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

b.

Construction permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued construction permits for these facilities do not require the issuance of a separate shoreland grading and filling permit.

c.

Shoreland grading/filling permit. Notwithstanding (2) above, a shoreland grading and filling permit will be required for:

1.

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

2.

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

d.

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

1.

Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall 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 Department of Natural Resources, or the United States Army Corps of Engineers):

i.

Sediment and pollutant trapping and retention.

ii.

Storage of surface runoff to prevent or reduce flood damage.

iii.

Fish and wildlife habitat.

iv.

Recreational use.

v.

Shoreline or bank stabilization.

vi.

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

2.

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

3.

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

4.

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

5.

Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.

6.

Fill or excavated material must not be placed in a manner that creates an unstable slope.

7.

Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater.

8.

Fill or excavated material must not be placed in bluff impact zones.

9.

Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245.

10.

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

11.

Placement of natural rock rip rap, 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 rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet.

e.

Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

(4)

Stormwater management. 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 must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the 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 lot coverage shall not exceed 35 percent of the lot area, except as a conditional use, which shall comply with the following standards:

i.

All structures, additions or expansions shall meet setback and other requirements of this Code.

ii.

The lot shall be served with municipal sewer and water.

iii.

The lot shall provide for the collection and treatment of stormwater in compliance with the city surface water management plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the city engineer and the underlying watershed district.

iv.

Measures to be taken from the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not be limited to the following:

(A).

Appurtenances as sedimentation basins debris basins, desilting basins, or silt traps.

(B).

Installation of debris guards and microsilt basins on storm sewer inlets.

(C).

Use where practical, oil skimming devices or sump catch basins.

(D).

Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and down spouts.

(E).

Construction sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other pervious material beneath or between the planking.

(F).

Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them.

(G).

Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area.

2.

When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

3.

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

(g)

Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to subsection 4-3(a) of this Code 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:

(1)

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 maintain a minimum setback to less than 25 feet.

d.

The deck is constructed primarily of wood, and is not roofed or screened.

(Memo. of 2-5-2018)