A.   Statutory Authorization And Purpose:

      1.   Statutory Authorization: This floodplain ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 - 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 CFR § 59 to 80; and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

      2.   Purpose:

         a.   This section regulates development in the flood hazard areas of the City of Rosemount. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

         b.   This chapter is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.

         c.   This chapter is adopted to maintain eligibility in the National Flood Insurance Program.

         d.   This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

      3.   Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or private agreements. The standards in this chapter take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

      4.   Warning And Disclaimer Of Liability: This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This chapter does not create liability on the part of the City of Rosemount or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

      5.   Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.

      6.   Definitions: Unless specifically defined in section 11-10-6 Floodplain Definitions, words or phrases used in this chapter must be interpreted according to common usage and so as to give this chapter its most reasonable application.

   B.   Jurisdictions And Districts:

      1.   Lands To Which Chapter Applies: This chapter applies to all lands under the jurisdiction of the City of Rosemount within the Floodplain, shown as Zone AE on the Flood Insurance Rate Map panels referenced in subsection B.2 below.

         a.   The standards imposed in this overlay district are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.

         b.   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions (as illustrated in Figure 5.1), the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the one-percent annual chance floodplain.

         c.    Perso ns conte sting the location of the district boun daries will be given a reaso nable opportunity to present their case to the city and to submit technical evidence.

      2.   Incorporation Of Maps By Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this chapter. The attached material includes the Flood Insurance Study(s) for Dakota County, Minnesota, and Incorporated Areas, dated March 16, 2016, and the Flood Insurance Rate map panels enumerated below, dated December 2, 2011, all prepared by the Federal Emergency Management Agency. These materials are on file at City Hall.

      27037C0119E

      27037C0138E

      27037C0208E

      27037C0209E

      27037C0228E

      27037C0229E

      27037C0233E

      27027C0253E

      3.   Annexations: The Flood Insurance Rate Map panels referenced in subsection B.2 above may include floodplain areas that lie outside of the corporate boundaries of the City of Rosemount at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City of Rosemount after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation. Annexations into panels not referenced in subsection B.2 require ordinance amendment in accordance with subsection G below.

      4.   Municipal Boundary Adjustments And Townships: The Flood Insurance Rate Map panels referenced in subsection B.2 apply countywide. If at any point any lands come under the jurisdiction of another local government, the following shall apply:

         a.   City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment occurring. Cities retain jurisdiction for all incorporated lands, and the County retains jurisdiction under this chapter on all unincorporated lands, except as provided under subsection B.4.b below or through some form of administrative agreement.

         b.   Townships wishing to adopt official controls under Minn. Stat. § 394.33 may only obtain zoning authority for floodplain controls when they have adopted an ordinance that is approved by the Department of Natural Resources and has formally enrolled in the NFIP. Until this occurs, the county shall retain jurisdiction under this chapter on all unincorporated lands. In the event that a township returns zoning authority, the county shall resume that authority.

   C.   Permitted Activities And Standards In The Floodplain District:

      1.   Permitted Activities: A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this chapter prior to the following uses or activities:

         a.   Any addition, modification, rehabilitation, repair, or alteration to a nonconforming structure as specified in subsection D below. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in section 11-10-6 of this title.

         b.   Any use that requires fill, excavation, storage of materials, or placement of anything that may cause a potential obstruction, as well as any other form of development as defined in section 11-10-6 of this title.

      2.   Activities Not Requiring A Permit: Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. Farm fences, as defined in section 11-10-6 of this title, are not considered to be an obstruction, and as such, do not require a permit. A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a significant area above the ordinary high water level is also to be disturbed. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this title, do not require a permit.

      3.   Minimum Development Standards:

         a.   All development must:

         (1)   Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

         (2)   Be constructed with materials and equipment resistant to flood damage;

         (3)   Be constructed by methods and practices that minimize flood damage;

         (4)   Be reasonably safe from flooding and consistent with the need to minimize flood damage;

         (5)   Be assured to provide adequate drainage to reduce exposure to flood hazards;

         (6)   Not be detrimental to uses in adjoining areas; and

         (7)   Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

         b.   Buildings And Structures: No new structures, such as buildings or accessory structures may be permitted in the regulatory floodplain. Modifications and alterations of nonconforming structures is subject to the standards in subsection D below.

         c.   Subdivisions: All new lots must be able to accommodate for a building site with a natural grade outside of the floodplain. All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet (2') below the Regulatory Flood Protection Elevation (RFPE).

         d.   Encroachment Analysis: Development in the following areas requires hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area).

         (1)   In a floodway, development may not result in any of the following during the one-percent (1%) annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities.

         (2)   In areas where a floodway has not been delineated, development may not allow stage increases more than one-half (0.5) foot at any point during the one-percent (1%) chance flood. This evaluation must include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased flood damages would potentially result.

         e.   Fences not meeting the definition of farm fences are not permitted.

         f.   Transportation Facilities: Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. All public transportation facilities should be designed to minimize increases in flood elevations.

         g.   Public Utilities: All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350.

         h.   Potential Pollutants: Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, as well as those likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in Minn. Stat. § 115.01, are prohibited.

         i.   Land Alterations: In areas within twenty-five feet (25') of the ordinary high water level, land alterations shall be restricted to:

         (1)   The minimum required to accommodate beach and access areas, not to exceed a volume greater than ten (10) cubic yards; and

         (2)   The minimum required to accommodate for public utilities, roads, railroad tracks, bridges, and shoreline stabilization projects to correct an identified erosion problem, as verified by a qualified resource agency or the zoning administrator.

         j.   Recreational vehicles must be travel ready, meeting the following criteria:

         (1)   The vehicle must be fully licensed.

         (2)   The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities.

         (3)   No permanent structural type additions may be attached to the vehicle.

         k.   Private On-site Water Supply, Individual Sewage Treatment Systems, and other Service Facilities shall be subject to applicable provisions detailed in subsection C.3.g above. Replacement of on-site sewage treatment systems are to be constructed to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, parts 7080.2270. No new private service facilities may be permitted in the regulatory floodplain.

   D.   Nonconformities:

      1.   Continuance Of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this title, but which is not in conformity with the provisions of this title, may be continued subject to the following conditions:

         a.   Within the floodway, or where the floodway has not been delineated, any expansion or enlargement of uses or structures is prohibited.

         b.   Any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this title, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE).

         c.   If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in subsection D.3 below, it may not be reconstructed except in conformity with the provisions of this section.

         d.   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one (1) year, any future use of the premises must conform to this section.

      2.   Standards For Modifications And Alterations Of Nonconforming Structures: In addition to the standards identified in C.3, the following standards and procedures apply to additions, modifications, rehabilitations, repairs, alterations, or maintenance of nonconforming structures:

         a.   All structures, including manufactured homes, must be elevated on fill so that the lowest floor of the lowest enclosed area (including basement) is at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least fifteen feet (15') beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator.

         b.   Electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

      3.   Substantial Improvement And Substantial Damage Determinations: Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:

         a.   Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.

         b.   Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the zoning administrator to evaluate costs.

         (1)   Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one (1) year.

         (2)   Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre-damaged condition.

         c.   Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure, and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in section 11-10-6 of this title.

         d.   Based on this determination, the Zoning Administrator shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this section.

   E.   Administration:

      1.   Duties: A Zoning Administrator or other official must administer and enforce this section.

         a.   Permit Application Requirements: Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:

         (1)   A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.

         (2)   Location and detail of grading, fill, or storage of materials.

         (3)   Copies of any required local, state or federal permits or approvals.

         (4)   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

         b.   Recordkeeping: The Zoning Administrator must maintain applicable records in perpetuity documenting:

         (1)   Encroachment analysis, as detailed in section C.3.d above.

         (2)   Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.

         (3)   Substantial damage and substantial improvement determinations, as detailed in section D.3, including the cost of improvements, repairs, and market value.

         (4)   All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.

      2.   Variances:

         a.   An application for a variance to the provisions of this section will be processed and reviewed in accordance with Minn. Stat. § 462.357, Subd. 6(2) and this title.

         b.   Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

         c.   Variances from the provisions in this section may only be issued by a community upon:

         (1)   A showing of good and sufficient cause;

         (2)   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

         (3)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

         d.   Variances from the provisions in this ordinance may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

         e.   Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.

         f.   Though variances may be used to modify permissible methods of flood protection, no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).

         g.   The Zoning Administrator must notify the applicant for a variance that:

         (1)   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

         (2)   Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

      3.   Notifications For Watercourse Alterations: Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minn, Stat. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.

      4.   Notification to FEMA When Physical Changes Increase Or Decrease Base Flood Elevations: Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the City of Rosemount must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six (6) months after the date such supporting information becomes available. Within areas where the floodway has not been delineated, a map revision is only required if development results in stage increases greater than 0.5 feet.

      5.   Notifications To The Department Of Natural Resources:

         a.   All notices of public hearings to consider variances or conditional uses under this section must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least ten (10) days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.

         b.   A copy of all decisions granting variances and conditional uses under this section must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within ten (10) days of final action.

   F.   Penalties And Enforcement:

      1.   Uses In Violation Of The Section: Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this section shall be considered a public nuisance.

      2.   Civil Remedies: The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this section may be abated by an action brought by the City of Rosemount or the Department of Natural Resources.

      3.   Enforcement: Violations of the provisions of this section constitutes a misdemeanor and is punishable as defined by law. The Zoning Administrator may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance. The City of Rosemount must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

   G.   Amendments:

      1.   Ordinance Amendments: Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require an ordinance amendment to update the map references in subsection B.2 above.

      2.   Required Approval: All amendments to this section must be submitted to the Department of Natural Resources (DNR) for review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain ordinance shall not be considered valid until approved. (Ord. 2024-04, 6-4-2024)

   A.   Statutory Authorization And Policy:

      1.   Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

      2.   Policy: 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 Rosemount.

   B.   General Provisions And Definitions:

      1.   Jurisdiction: The provisions of this section apply to the shorelands of the public water bodies as classified in subsection D.1 below, and to the shorelands of public water bodies greater than ten (10) acres in unincorporated areas in which the city has, by ordinance, extended the application of its zoning regulations as provided by Minnesota Statute, Chapter 462.357 Subd 1. Pursuant to Minnesota Rules, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities or twenty-five (25) acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. 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 section.

      2.   Enforcement: The Zoning Administrator is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed in subsection C.2 below.

      3.   Severability: If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

      4.   Abrogation And Greater Restrictions: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this osection are hereby repealed to the extent of the inconsistency only.

      5.   Definitions: Unless specifically defined in section 11-10-5 Shoreland Definitions, words or phrases used in this section shall be interpreted to give them the same meaning they have in common usage and to give this section its most reasonable application. For the purpose of this section, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.

   C.   Administration:

      1.   Purpose: The purpose of this Section is to identify administrative provisions to ensure the ordinance is administered consistent with its purpose.

      2.   Permits:

         a.   A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by subsection H.3 below.

         b.   A certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.

      3.   Application Materials: Application for permits and other zoning applications such as variances shall be made to the Zoning Administrator on the forms provided. The application shall include the necessary information so that the Zoning Administrator can evaluate how the application complies with the provisions of this section.

      4.   Certificate Of Zoning Compliance: The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in subsection C.2 above. This certificate will specify that the use of land conforms to the requirements of this section. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this section and shall be punishable as provided in subsection B.2.

      5.   Variances: Variances may only be granted in accordance with § 462.357 and are subject to the following:

         a.   A variance may not circumvent the general purposes and intent of this section; and

         b.   For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.

      6.   Conditional Uses: All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure:

         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.   There is adequate water supply and on-site sewage treatment; and

         d.   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 watercrafts.

      7.   Mitigation:

         a.   In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner to address the following conditions, when related to and proportional to the impact, to meet the purpose of this section, to protect adjacent properties, and the public interest:

         (1)   Advanced storm water runoff management treatment;

         (2)   Reducing impervious surfaces;

         (3)   Increasing setbacks from the ordinary high water level;

         (4)   Restoration of wetlands;

         (5)   Limiting vegetation removal and/or riparian vegetation restoration;

         (6)   Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and

         (7)   Other conditions the zoning authority deems necessary.

         b.   In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions 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 shall be attached to permits.

      8.   Nonconformities:

         a.   All legally established nonconformities as of the date of this section may continue, but will be managed according to § 462.357 Subd. 1e and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use.

         b.   All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, lowest floor elevations, and other requirements of subsections E to H. Any deviation from these requirements must be authorized by a variance.

      9.   Notifications To The Department Of Natural Resources:

         a.   All amendments to this shoreland section must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules.

         b.   All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner's designated representative at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

         c.   All approved ordinance amendments and subdivisions/plats, and final decisions approving 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 (10) days of final action. 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 also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

         d.   Any request to change the shoreland management classification of public waters within the City of Rosemount must be sent to the commissioner or the commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp.4.

         e.   Any request to reduce the boundaries of shorelands of public waters within the City of Rosemount must be sent to the commissioner or the commissioner's designated representative for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries.

      10.   Mandatory EAW: An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a.

   D.   Shoreland Classification System And Land Uses:

      1.   Shoreland Classification System:

         a.   Purpose: To ensure that shoreland development on the public waters of Rosemount is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300.

         b.   Lakes are classified as follows:

         (1)   General development (GD);

 

 

      (2)   Recreational development (GD);

 

 

      (3)   Natural environment (NE).

 

 

      c.   Rivers and streams are classified as follows:

      (1)   Transition:

 

 

      d.   All public rivers and streams shown on the Public Waters Inventory Map for Dakota County, a copy of which is adopted by reference, not given a classification in subsection D.1.c above shall be considered "Tributary."

   2.   Land Uses:

      a.   Purpose: To identify land uses that are compatible with the protection and preservation of shoreline resources in order to conserve the economic and environmental values of shoreland and sustain water quality.

      b.   Shoreland district land uses listed in subsections D.2.c and D.2.d are regulated as:

      (1)   Permitted Uses (P): These uses are allowed, provided all standards in this section are followed;

      (2)   Conditional Uses (C): These uses are allowed through a conditional use permit. The use must be evaluated according to the criteria in subsection C.6 above and any additional conditions listed in this section; and

      (3)   Not Permitted Uses (N): These uses are prohibited.

      c.   Land uses for lake classifications:

 

         d.   Land uses for river and stream classifications:

 

   E.   Special Land Use Provisions:

      1.   Commercial, Industrial, Public, And Semipublic Use Standards:

         a.   Water-dependent uses may be located on parcels or lots with frontage on public waters provided that:

         (1)   The use complies with provisions of subsection G;

         (2)   The use is designed to incorporate topographic and vegetative screening of parking areas and structures;

         (3)   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; and

         (4)   Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that:

            (a)   Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the county sheriff; and

            (b)   Signs placed within the shore impact zone are:

               (i)   No higher than ten feet (10') above the ground, and no greater than thirty two (32) square feet in size; and

               (ii)   If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters; and

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

         b.   Commercial, industrial, public, and semi-public uses that are not water-dependent 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 ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

      2.   Agriculture Use Standards:

         a.   Buffers:

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

         (2)   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 perennial vegetation or operated under an approved conservation plan with the field office technical guides of the local soil and water conservation district or the Natural Resource Conservation Service, and as approved by the local soil and water conservation district.

         b.   New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards:

         (1)   Feedlots must be designed consistent with Minnesota Rules, Chapter 7020;

         (2)   Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of one thousand (1,000) animal units or more; and

         (3)   Old feedlots not currently in operation may resume operation consistent with Minn. Stat. § 116.0711.

      3.   Forest Management Standards:

         a.   The harvesting of timber and associated reforestation must be conducted consistent with the applicable provisions of the Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines for Landowners, Loggers and Resource Managers.

         b.   Intensive vegetation clearing for forest land conversion to another use is a conditional use subject to an erosion control and sedimentation plan developed and approved by the soil and water conservation district.

      4.   Extractive Use Standards: Extractive uses are conditional uses and must meet the following standards:

         a.   Site Development And Restoration Plan: A site development and restoration plan must be developed, approved, and followed over the course of operation. The plan must:

         (1)   Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations;

         (2)   Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and

         (3)   Clearly explain how the site will be rehabilitated after extractive activities end.

         b.   Setbacks For Processing Machinery: Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs.

      5.   Metallic And Peat Mining Standards: Mining of metallic minerals and peat is a permitted use provided the provisions of Minn. Stat. §§ 93.44 to 93.51, are satisfied.

   F.   Dimensional And General Performance Standards:

      1.   Purpose: To establish dimensional and performance standards that protect shoreland resources from impacts of development.

      2.   Lot Area And Width Standards: After the effective date of this section, all new lots must meet the minimum lot area and lot width requirements in subsections F.2.e and F.2.f, subject to the following standards:

         a.   Only lands above the ordinary high water level can be used to meet lot area and width standards;

         b.   Lot width standards must be met at both the ordinary high water level and at the building line;

         c.   The sewer lot area dimensions can only be used if publicly owned sewer system service is available to the property;

         d.   Residential subdivisions with dwelling unit densities exceeding those subsections F.2.e and F.2.f are allowed only if designed and approved as residential PUDs under subsection J of this section; and

         e.   Lake Minimum Lot Area And Width Standards:

         (1)   General Development Lake - No Sewer:

 

 

         (2)   General Development Lake - Sewer:

 

 

         (3)   Recreational Development Lake - No Sewer:

 

 

         (4)   Recreational Development Lake - Sewer:

 

 

         (5)   Natural Environment Lake - No Sewer:

 

 

         (6)   Natural Environment Lake - Sewer:

 

 

         f.   River/Stream Minimum Lot Width Standards: There are no minimum lot area requirements for rivers and streams. The lot width standards in feet are:

 

 

      3.   Special Residential Lot Provisions:

         a.   Subdivisions of duplexes, triplexes, and quads are conditional uses on Natural Environment Lakes and must also meet the following standards:

         (1)   Each building must be set back at least two hundred (200) feet from the ordinary high water level;

         (2)   Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

         (3)   Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

         (4)   No more than twenty-five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments.

         b.   One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in. Subsections F.2.e and F.2.f, provided the following standards are met:

         (1)   For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within an area equal to the smallest duplex-sized lot that could be created including the principal dwelling unit;

         (2)   A guest cottage must not cover more than seven hundred (700) square feet of land surface and must not exceed fifteen (15) feet in height; and

         (3)   A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.

         c.   Controlled access lots are permissible if created as part of a subdivision and in compliance with the following standards:

         (1)   The lot must meet the area and width requirements for residential lots, and be suitable for the intended uses of controlled access lots as provided in item D;

         (2)   If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by a percentage of the requirements for riparian residential lots for each watercraft beyond six, (6) consistent with the following table:

 

 

         (3)   The lot must 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; and

         (4)   Covenants or other equally effective legal instruments must be developed that:

            (a)   Specify which lot owners have authority to use the access lot;

            (b)   Identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking;

            (c)   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;

            (d)   Require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations; and

            (e)   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.

      4.   Placement, Height, And Design Of Structures:

         a.   OHWL Setback For Structures And Sewage Treatment Systems: When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions:

 

 

         (1)   OHWL Setbacks: Structures and sewage treatment systems must meet setbacks from the Ordinary High Water Level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with subsection G.3 below, may be set back a minimum distance of ten feet (10') from the OHWL:

         (2)   Setback Averaging: 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 OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone (see Figure 7);

         (3)    Setbacks Of Decks: 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 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 fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or is no closer than thirty feet (30') from the OHWL, whichever is more restrictive; and

            (d)   The deck is constructed primarily of wood, and is not roofed or screened (see Figure 8).

         (4 )   Add itional Structure Setbacks: Structures must also meet the following setbacks, regardless of the waterbod y classificat ion:

 

 

         (5)   Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

         b.   Height Of Structures: All structures in residential districts in cities, except churches and nonresidential agricultural structures, must not exceed twenty-five feet (25') in height.

         c.   Lowest Floor Elevation:

         (1)   Determining Elevations: Structures must be placed at an elevation consistent with the applicable floodplain regulatory elevations. Where these elevations are not known, the lowest floor, including basement, must be placed or flood-proofed at an elevation determined using the following methodology:

            (a)   For lakes, by placing the lowest floor at a level at least three feet (3') above the highest known water level, or three feet (3') above the ordinary high water level, whichever is higher (see Figure 9);

            (b)   For rivers and streams, by placing the lowest floor at least three feet (3') above the highest known flood elevation. If highest known flood elevation is not available, by placing the lowest floor at least three feet (3') above the ordinary high water level (see Figure 9), or by conducting a technical evaluation to establish a flood protection elevation. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200.

         (2)   Methods For Placement:

            (a)   In addition to the lowest floor, all service utilities must be elevated or water- tight to the elevation determined in part A.

            (b)   If the structure is floodproofed, then it must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA technical bulletins 1, 2 and 3.

         d.   Significant Historic Sites: No structure may 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.

      5.   Water Supply And Sewage Treatment:

         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 Minnesota Pollution Control Agency.

         b.   Sewage Treatment: Any premises used for human occupancy must be connected to a publicly-owned sewer system, where available or comply with Minnesota Rules, Chapters 7080 - 7081.

   G.   Performance Standards For Public And Private Facilities:

      1.   Placement And Design Of Roads, Driveways, And Parking Areas: These facilities must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters. They must be constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local SWCD and comply with the following standards:

         a.   Roads, driveways, and parking areas must meet structure setbacks and must 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;

         b.   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; and

         c.   For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

      2.   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 shore areas. Stairways, lifts, and landings must meet the following design requirements:

         a.   Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties, public recreational uses, and planned unit developments;

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

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

         d.   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;

         e.   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; and

         f.   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of sub items G.2.a to G.2.e and the requirements of Minnesota Rules, Chapter 1341.

      3.   Water-oriented Accessory Structures Or Facilities: Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions:

         a.   The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. The structure or facility may include detached decks not exceeding eight feet (8') above grade at any point;

         b.   The structure or facility is not in the Bluff Impact Zone;

         c.   The setback of the structure or facility from the ordinary high water level must be at least ten feet (10');

         d.   The structure is not a boathouse or boat storage structure as defined under Minn. Stat. § 103G.245;

         e.   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;

         f.   The roof may be used as an open-air deck with safety rails, but must not be enclosed or used as a storage area;

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

         h.   As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related equipment may occupy an area up to four hundred (400) square feet provided the maximum width of the structure is twenty feet (20') as measured parallel to the shoreline; and

         (1)   Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in subsection F.4.c if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

      4.   Fences: Fences between principal structures and the waterbody are allowed if fences are:

         a.   Not higher than six feet (6').

         b.   Not located within the SIZ and BIZ, except for farm fences.

         c.   Not located in the regulatory floodplain, except for farm fences.

      5.   Lighting: Within the OHWL setback:

         a.   Lighting shall be fully shielded and directed away from the water.

         b.   Uplighting viewable from the water is prohibited.

   H.   Vegetation And Land Alterations:

      1.   Purpose: Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat.

      2.   Vegetation Management:

         a.   Removal or alteration of vegetation must comply with the provisions of this subsection except for:

         (1)   Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities;

         (2)   The construction of public roads and parking areas if consistent with subsection G.1 above;

         (3)   Forest management uses consistent with subsection E.3 above; and

         b.   Agricultural uses consistent with subsection E.2 above.

         c.   Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest management standards in subsection E.3 above.

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

         (1)   Vegetation be maintained to screen structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions; and

         (2)   Existing shading of water surfaces along rivers is preserved.

         e.   Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit.

         f.   Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both.

      3.   Grading And Filling:

         a.   Grading and filling activities must comply with the provisions of this subsection except for the construction of public roads and parking areas if consistent with subsection G.1 above.

         b.   Permit Requirements:

         (1)   Grading, filling and excavations necessary for the construction of structures and sewage treatment systems if part of an approved permit, do not require a separate grading and filling permit. However, the standards in subsection H.3.c below must be incorporated into the permit.

         (2)   For all other work, a grading and filling permit is required for:

         (3)   The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and

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

         (5)   Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket is permitted if:

         (6)   The finished slope does not exceed three feet horizontal to one-foot vertical;

         (7)   The landward extent of the riprap is within ten feet (10') of the ordinary high water level; and

         (8)   The height of the riprap above the ordinary high water level does not exceed three feet (3') (see Figure 10).

         c.   Grading, filling and excavation activities must meet the following standards:

         (1)   Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers;

         (2)   Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after construction consistently by:

            (a)   Limiting the amount and time of bare ground exposure;

            (b)   Using temporary ground covers such as mulches or similar materials;

            (c)   Establishing permanent vegetation cover as soon as possible;

            (d)   Using sediment traps, vegetated buffer strips or other appropriate techniques;

            (e)   Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;

            (f)   Not placing fill or excavated material in a manner that creates unstable slopes. 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 thirty percent (30%) or greater;

            (g)   Fill or excavated material must not be placed in bluff impact zones;

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

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

         d.   Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with Minnesota Rules, Chapter 6115.

      4.   Stormwater Management:

         a.   General Standards:

         (1)   When possible, existing natural drainageways, 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 volumes. Disturbed areas must be stabilized as soon as possible and appropriate facilities or methods used to retain sediment on the site.

         (3)   When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

         b.   Specific Standards:

         (1)   Impervious surfaces of lots must not exceed twenty-five percent (25%) of the lot 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 district or the Minnesota Stormwater Manual, as applicable.

         (3)   New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part 6115.0231.

   I.   Subdivision/Platting Provisions:

      1.   Purpose: To ensure that new development minimizes impacts to shoreland resources and is safe and functional.

      2.   Land Suitability: Each lot created through subdivision, including planned unit developments authorized under subsection J below, must be suitable in its natural state for the proposed use with minimal alteration. A suitability analysis must be conducted for each proposed subdivision, including planned unit developments, to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

      3.   Consistency With Other Controls: Subdivisions and each lot in a subdivision shall meet all official controls so that a variance is not needed later to use the lots for their intended purpose.

      4.   Water And Sewer Design Standards:

         a.   A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080 - 7081 must be provided for every lot.

         b.   Each lot must include at least two (2) soil treatment and dispersal areas that support systems described in Minnesota Rules, parts 7080.2200 to 7080.223 or site conditions described in part 7081.0270, subparts 3 to 7, as applicable.

         c.   Lots that would require use of holding tanks are prohibited.

      5.   Information Requirements:

         a.   Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more current sources, showing limiting site characteristics;

         b.   The surface water features required in Minn. Stat. § 505.021, Subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more current sources;

         c.   Adequate soils information to determine suitability for building and 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;

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

         e.   Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and

         f.   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.

      6.   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.

      7.   Platting: All subdivisions that create five (5) or more lots or parcels that are two and a half (2-1/2) acres or less in size shall be processed as a plat in accordance with Minn. Stat. Chapters 462.358 Subd. 3a (cities) and 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after the adoption of this article unless the lot was previously approved as part of a formal subdivision.

      8.   Controlled Access Lots: Controlled access lots within a subdivision must meet or exceed the lot size criteria in subsection F.3.c above.

   J.   Planned Unit Developments (PUDs):

      1.   Purpose: To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses.

      2.   Types of PUDs Permissible: Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of subsection F.2 above is allowed if the standards in this Section are met.

      3.   Processing of PUDs: Planned unit developments must be processed as a conditional use. An expansion to an existing commercial PUD involving six (6) or less new dwelling units or sites since the date this article was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in subsection J.5 below. Approval cannot occur until all applicable environmental reviews are complete.

      4.   Application For A PUD: The applicant for a PUD must submit the following documents prior to final action on the application request:

         a.   Site plan and/or plat showing:

         (1)   Locations of property boundaries;

         (2)   Surface water features;

         (3)   Existing and proposed structures and other facilities;

         (4)   Land alterations;

         (5)   Sewage treatment and water supply systems (where public systems will not be provided);

         (6)   Topographic contours at ten-foot intervals or less; and

         (7)   Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (2) (if project combines commercial and residential elements).

         b.   A property owner's association agreement (for residential PUD's) with mandatory membership, and consistent with Section J.6 below.

         c.   Deed restrictions, covenants, permanent easements or other instruments that:

         (1)   Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

         (2)   Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in subsection J.6 below.

         d.   A master plan/site plan describing the project and showing floor plans for all commercial structures.

         e.   Additional documents necessary to explain how the PUD will be designed and will function.

      5.   Density Determination: Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures.

         a.   Step 1. Identify Density Analysis Tiers: Divide the project parcel into tiers by drawing one (1) or more lines parallel to the ordinary high water level at the following intervals, proceeding landward:

 

 

         b.   Step 2. Calculate Suitable Area For Development: Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.

         c.   Step 3. Determine Base Density:

         (1)   For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width or river frontage by the minimum single residential lot width.

         (2)   For commercial PUDs:

            (a)   Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation.

               (i)   For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space.

               (ii)   For dwelling sites (campgrounds), determine the area of each dwelling site as follows:

               For manufactured homes, use the area of the manufactured home, if known, otherwise use one thousand (1,000) sf. For recreational vehicles, campers or tents, use four hundred (400) sf.

            (b)   Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in subsection J.5.c.(2)(a) below.

 

            (c)   Multiply the suitable area within each tier determined in subsection J.5.b by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.

            (d)   Divide the total floor area or dwelling site area for each tier calculated in subsection J.5.c.(2)(c) by the average inside living floor area for dwelling units or dwelling site area determined in J.5.c.(2)(a) This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier.

         (3)   Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody.

         (4)   All PUDs with densities at or below the base density must meet the design standards in subsection J.6

         d.   Step 4. Determine If The Site Can Accommodate Increased Density:

         (1)   The following increases to the dwelling unit or dwelling site base densities determined in subsection J.5.c are allowed if the design criteria in subsection J.6 below are satisfied as well as the standards in subsection J.5.d, item ii:

 

 

         (2)   Structure setbacks from the ordinary high water level:

            (a)   Are increased to at least fifty percent (50%) greater than the minimum setback; or

            (b)   The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least twenty-five percent (25%) greater than the minimum setback.

      6.   Design Criteria: All PUDs must meet the following design criteria.

         a.   General Design Standards:

         (1)   All residential planned unit developments must contain at least five (5) dwelling units or sites.

         (2)   On-site water supply and sewage treatment systems must be centralized and meet the standards in subsection F.5 above. Sewage treatment systems must meet the setback standards of subsection F.4.a.(1) above.

         (3)   Dwelling units or dwelling sites must be clustered into one (1) or more groups and located on suitable areas of the development.

         (4)   Dwelling units or dwelling sites must be designed and located to meet the dimensional standards in subsections F.4.a, F.4.b, and F.4.c:

         (5)   Shore recreation facilities:

            (a)   Must be centralized and located in areas suitable for them based on a suitability analysis.

            (b)   The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor).

            (c)   Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

         (6)   Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

         (7)   Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized.

         (8)   Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in subsection G.3 above and are centralized.

         b.   Open Space Requirements:

         (1)   Open space must constitute at least fifty percent (50%) of the total project area and must include:

            (a)   Areas with physical characteristics unsuitable for development in their natural state;

            (b)   Areas containing significant historic sites or unplatted cemeteries;

            (c)   Portions of the shore impact zone preserved in its natural or existing state as follows:

            (i)   For existing residential PUD's, at least fifty percent (50%) of the shore impact zone.

            (ii)   For new residential PUDs, at least seventy percent (70%) of the shore impact zone.

            (iii)   For all commercial PUD's, at least fifty percent (50%) of the shore impact zone.

         (2)   Open space may include:

            (a)   Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

            (b)   Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; and

            (c)   Non-public water wetlands.

         (3)   Open space shall not include:

            (a)   Dwelling sites;

            (b)   Dwelling units or structures, except water-oriented accessory structures or facilities;

            (c)   Road rights-of-way or land covered by road surfaces and parking areas;

            (d)   Land below the OHWL of public waters; and

            (e)   Commercial facilities or uses.

         c.   Open Space Maintenance And Administration Requirements:

         (1)   Open Space Preservation: The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means. The instruments must prohibit:

            (a)   Commercial uses (for residential PUD's);

            (b)   Vegetation and topographic alterations other than routine maintenance;

            (c)   Construction of additional buildings or storage of vehicles and other materials; and

            (d)   Uncontrolled beaching of watercraft.

         (2)   Development Organization And Functioning: Unless an equally effective alternative community framework is established, all residential planned unit developments must use an owners association with the following features:

            (a)   Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner;

            (b)   Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or dwelling sites;

            (c)   Assessments must be adjustable to accommodate changing conditions; and

            (d)   The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

         d.   Erosion Control And Stormwater Management:

         (1)   Erosion control plans must be developed and must be consistent with the provisions of subsection H.3 above. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.

         (2)   Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff.

            (a)   For commercial PUDs, impervious surfaces within any tier must not exceed twenty-five percent (25%) of the tier area.

      7.   Conversions: Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all of the following standards are met:

         a.   Proposed conversions must be evaluated using the same procedures for residential PUDs involving new construction. Inconsistencies between existing features of the development and these standards must be identified;

         b.   Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit;

         c.   Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

         (1)   Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

         (2)   Remedial measures to correct erosion, improve vegetative cover and improve screening of buildings and other facilities as viewed from the water; and

         (3)   Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

         d.   Existing dwelling unit or dwelling site densities that exceed standards in subsection J.5 above may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. (Ord. 2024-04, 6-4-2024)

   A.   Purpose And Intent: It is the intent of these wetland overlay regulations to impose restrictions in addition to the those required by the underlying zoning for the protection of wetlands as defined by the United States Army Corps of Engineers' Wetland Delineation Manual 1987 or Minnesota Rule 8420 with the following implementation purposes:

      1.   To implement the Rosemount Comprehensive Wetland Management Plan.

      2.   To achieve no net loss in the quantity, quality, and biological diversity of existing wetlands.

      3.   To increase the quantity, quality, and biological diversity of wetlands by restoring or enhancing diminished or drained wetlands.

      4.   To avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands.

      5.   To replace wetland values where avoidance of activity is not feasible and prudent.

   B.   Application Required: Any property proposing an activity that is regulated as described within Section IV. Wetland Regulations of the Comprehensive Wetland Management Plan shall submit an application to the city through the Joint Application Form for Activities Affecting Water Resources in Minnesota available through the Board of Soil and Water Resources. This application shall be subject to the requirements of this section, the Comprehensive Wetland Management Plan, and Minnesota Rule 8420.

   C.   Wetland Applications: Wetland related applications shall be submitted to the City of Rosemount as per the Comprehensive Wetland Management Plan and Minnesota Rule 8420.

   1.   Wetland Boundary Or Type Application: When an application subject to chapter 7 "Development Standards" of this title or title 12 "Subdivision Regulations" is submitted to the city, the applicant shall submit a wetland delineation to determine the wetland boundary and type. The delineation will include the following information:

         a.   Level 1 delineation completed in compliance with the most recent US Army Corps of Engineers (USACE) Guidance for Offsite Hydrology/Wetland Determinations.

         b.   If a Level 1 delineation indicts the likelihood of a wetland, the applicant shall prepare and submit a Level 2 delineation in compliance with the most recent USACE Manual for Delineating Wetlands in Conjunction with the Midwest Supplement.

         c.   Delineations shall be subject to field verification by city staff, the Technical Evaluation Panel (TEP), and/or USACE.

      2.   No Loss And Exemption Applications: The Wetland Conservation Act (WCA) No Loss and Exemption standards are covered in Minnesota Rules 8420.0410-.0420. Applications for No Loss or Exemption determinations shall follow the procedures and requirements of Minnesota Rules 8420. Wet areas created by human activity ("incidental wetlands") as specified in Minnesota Rules 8420.0105 not intended to produce wetland shall not be regulated by this section. Wetlands that are exempt per the WCA shall not be regulated by the policies within this section. However, buffer zones and restoration of disturbed areas in conformance with this section may be required if the project is part of an overall land development plan.

      3.   Sequencing Application: An applicant proposing to impact wetlands must submit an application that demonstrates adherence to the Sequencing Standards outlined in Minnesota Rules 8420.0520. The applicant may submit a sequencing evaluation with the wetland replacement plan application or apply for a preliminary sequencing decision from the city, as per Minnesota Rules 8420.0325, as amended.

      4.   Replacement Plan Application:

         a.   Concurrently with a sequencing application requesting a determination that wetland impacts are unavoidable, a replacement plan application shall be submitted for the activities requiring compensatory mitigation, including:

         (1)   Filling or draining of any wetland;

         (2)   Excavating in the permanently or semi-permanently flooded areas of a type 3, 4, or 5 wetland;

         (3)   Excavation that results in conversion to non-wetland.

         b.   Wetland impacts that occur due to road improvement projects that address safety issues and are not undertaken solely to accommodate additional traffic capacity by the city or county as the local road authority may be eligible to be replaced by BWSR through the Local Government Wetland Replacement Program (LGRWRP).

         c.   The lost functions and values of the wetland impacted must be replaced in conformance with the Comprehensive Wetland Management Plan Section IX: Wetland Replacement.

   D.   Local Government Unit Decision Authority: Wetland applications decisions shall be determined as follows:

      1.   City staff has the administrative authority to approve wetland boundary, wetland type, no loss, and exemption applications.

      2.   City staff has the administrative authority to approve sequencing and replacement plans that impact less than ten thousand (10,000) square feet of wetlands.

      3.   City staff may request the City Council review and approve any applications listed in provisions 1 and 2 of this subsection.

      4.   The City Council shall approve all sequencing and replacement plans that impact ten thousand (10,000) square feet or greater of wetlands.

   E.   Appeals Of Wetland Application Decisions: Appeals of decisions of applications submitted under subsection C above made by the city will follow the appeal process in accordance with Minnesota Rules 8420.

   F.   Wetland Buffers:

      1.   Buffer Establishment:

         a.   Application: Any property in which an application has been required under subsection B above and has been determined to have a wetland shall submit a Buffer Zone Establishment and Management Plan for review and approval by the city engineer. The Plan shall be reviewed and approved subject to the standards described in the Comprehensive Wetland Management Plan Subsections VIII.B.2. and X.B.

         b.   Continued Maintenance: The maintenance and vegetation performance of the buffer shall be subject to the standards of subsection IX.A of the Comprehensive Wetland Management Plan: Wetland Monitoring. Once established, activities in buffer zones that are not associated with the approved Plan that disturb the roots or influence the growth of the vegetation, such as grading, mowing, landscaping and planting, fertilizing, spraying (herbicides), and seeding or sodding are prohibited. Herbicides and controlled burns or other management practices used to control noxious weeds or invasive species will be allowed only with permission from the city engineer. Enhancement of the buffer zone through installation of additional native plantings is allowed and encouraged.

      2.   Buffer Zone Widths by Wetland Classification:

         a.   Preserve: Seventy five (75) Feet.

         b.   Manage 1: Fifty (50) Feet.

         c.   Manage 2: Thirty (30) Feet.

         d.   Manage 3:

         (1)   Non-Agricultural Area: Fifteen (15) Feet.

         (2)   Agricultural Area: None.

      3.   Buffer Averaging: Comprehensive Wetland Management Plan subsection VIII.B.1. describes functions of buffer zones. A property owner may request an adjustment to the buffer zone widths regulation in subsection F above through buffer averaging to determine an alternate buffer width approved by the city engineer subject to the following standards:

         a.   The buffer averaging improves the buffer zone function.

         b.   The buffer zone prioritization review described with the Comprehensive Wetland Management Plan subsection VIII.B.1.

      4.   Structural Setback From Buffer Zone: Thirty (30) Feet.

      5.   Conservation Easements: Buffer zones will be contained within a conservation easement that includes both the wetland and the buffer zone.

      6.   Buffer Zone Monuments: The installation of monuments which mark the outer edge of the wetland buffer zones. All markers and their placement shall be per city specification or approved by the city engineer.

   G.   Stormwater Pre-Treatment: To alleviate the sediment and nutrient loading of wetlands, storm water pretreatment shall be required based on wetland classification as follows:

      1.   Preserve: Sediment and nutrient pretreatment required, consider diversion if possible.

      2.   Manage 1: Sediment and nutrient pretreatment required.

      3.   Manage 2: Sediment pretreatment required.

      4.   Manage 3: Pretreatment to NPDES standards (per Minnesota Pollution Control Agency rules) is required if these standards apply to the project.

   H.   Enforcement: WCA enforcement shall be in conformance with Minnesota Rules 8240.

   I.   Lots In Existence Before July 21, 1998: The city first adopted the Comprehensive Wetland Management Plan on July 21, 1998. A lot which is part of a subdivision or plat, an auditor's subdivision or a registered land survey; or a parcel of land not so platted, for which a deed has been recorded in the Dakota County recorder's office prior to July 21, 1998 shall not be required to meet the standards of subsections 11-5-3, C, D, and F. For the lots that existed before the July 21, 1998, the following standards shall be required:

      1.   Buffer Zone: Fifteen (15) Feet.

      2.   Structural Setback from Buffer Zone: Fifteen (15) Feet.

      3.   Buffer Maintenance: Activities that disturb the roots or influence the growth of the vegetation, such as grading, mowing, landscaping and planting, fertilizing, spraying (herbicides), and seeding or sodding are prohibited. Herbicides and controlled burns or other management practices used to control noxious weeds or invasive species will be allowed only with permission from the city engineer. Enhancement of the buffer zone through installation of additional native plantings is allowed and encouraged. (Ord. 2024-04, 6-4-2024)

   A.   Authority, Intent, And Purpose:

      1.   Statutory Authorization: This Mississippi River Corridor Critical Area (MRCCA), section 11-5-4 is adopted pursuant to the authorization and policies contained in Minn. Stat., Chapter 116G, Minnesota Rules, parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in Minn. Stat., Chapter 462 and 473.

      2.   Policy: The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas.

   B.   General Provisions:

      1.   Jurisdiction: The provisions of this section apply to land within the river corridor boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the zoning map.

      2.   Enforcement: The Zoning Administrator is responsible for the administration and enforcement of this section. Any violation of its provisions or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed in subsection D.2.

      3.   Severability: If any section, clause, provision, or portion of this section is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

      4.   Abrogation And Greater Restrictions: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other provisions inconsistent with this section are hereby repealed to the extent of the inconsistency only.

      5.   Underlying Zoning: Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive.

      6.   Definitions: Unless specifically defined in section 11-10-6 Mississippi River Corridor Critical Area (MRCCA) Definitions, words or phrases used in this section shall be interpreted to give them the same meaning they have in common usage and to give this section its most reasonable application. For the purpose of this section, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.

   C.   Administration:

      1.   Purpose: The purpose of this subsection is to identify administrative provisions to ensure this section is administered consistent with its purpose.

      2.   Permits: A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with subsection J and land alterations consistent with subsection K.

      3.   Variances: Variances to the requirements under this section may only be granted in accordance with Minn. Stat. § 462.357 and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the Zoning Administrator shall:

         a.   Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with subsection D.5 below; and

         b.   Make written findings that the variance is consistent with the purpose of this section as follows:

         (1)   The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan;

         (2)   The variance is consistent with the character and management purpose of the MRCCA district in which it is located;

         (3)   The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and

         (4)   The variance will not negatively impact the scenic and environmentally sensitive areas of the Mississippi River Corridor, including: floodplains, wetlands, bluffs, steep slopes, natural drainage ways, significant vegetation and wildlife habitat.

      4.   Conditional And Interim Use Permits: All conditional and interim uses, required under this section, must comply with Minn. Stat. § 462.3595 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the application, the City Council shall:

         a.   Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with subsection D.5 below; and

         b.   Make written findings that the conditional use is consistent with the purpose of this section as follows:

         (1)   The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan;

         (2)   The conditional use is consistent with the character and management purpose of the MRCCA district in which it is located;

         (3)   The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and

         (4)   The conditional use will not negatively impact the scenic and environmentally sensitive areas of the Mississippi River Corridor, including: floodplains, wetlands, bluffs, steep slopes, natural drainage ways, significant vegetation and wildlife habitat.

      5.   Conditions Of Approval: The City Council shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include:

         a.   Restoration of vegetation identified as "vegetation restoration priorities" identified in the MRCCA plan;

         b.   Preservation of existing vegetation;

         c.   Stormwater runoff management;

         d.   Reducing impervious surface;

         e.   Increasing structure setbacks;

         f.   Wetland and drainage route restoration and/or preservation;

         g.   Limiting the height of structures;

         h.   Modifying structure design to limit visual impacts on PRCVs; and

         i.   Other conservation measures.

      6.   Application Materials: Applications for permits and discretionary actions required under this section must submit the following information unless the Zoning Administrator determines that the information is not needed.

         a.   A detailed project description; and

         b.   Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe:

         (1)   Primary conservation areas;

         (2)   Public river corridor views;

         (3)   Buildable area;

         (4)   Existing and proposed topography and drainage patterns;

         (5)   Proposed storm water and erosion and sediment control practices;

         (6)   Existing and proposed vegetation to be removed and established;

         (7)   Ordinary high water level, blufflines, and all required setbacks;

         (8)   Existing and proposed structures;

         (9)   Existing and proposed impervious surfaces; and

         (10)   Existing and proposed subsurface sewage treatment systems.

      7.   Nonconformities:

         a.   All legally established nonconformities as of the date of this chapter may continue consistent with Minn. Stat. § 462.357, Subd. 1e.

         b.   New structures erected in conformance with the setback averaging provisions of subsection G.3.d below are conforming structures.

         c.   Site alterations and expansion of site alterations that were legally made prior to the effective date of this chapter are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements.

         d.   Legally nonconforming principal structures that do not meet the setback requirements of subsection G.3 below may be expanded laterally provided that:

         (1)   The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure (See Figure 5.6); and

         (2)   The expanded structure's scale and bulk is consistent with that of the original structure and existing surrounding development.

      8.   Notifications:

         a.   Amendments to this section and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B - I.

         b.   Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least thirty (30) days prior to the hearing:

         (1)   The Commissioner in a format prescribed by the DNR;

         (2)   National Park Service; and

         (3)   Where building heights exceed the height limits specified in subsection G.2 below as part of the conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river.

         c.   Notice of final decisions for actions in subsection D.8.b above, including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within ten (10) days of the final decision.

         d.   Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C.

      9.   Accommodating Disabilities: Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the persons' property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must:

         a.   Comply with subsections G to M; or

         b.   If subsections G to M cannot be complied with, ramps or other facilities are allowed with an administrative permit provided:

         (1)   The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and

         (2)   Upon expiration of the permit, the ramp or other facilities must be removed.

   D.   MRCCA Districts:

      1.   Purpose: The purpose of this subsection is to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River's resources and features consistent with the natural and built character of each district.

      2.   District Description And Management Purpose: The MRCCA within the city is divided into the following MRCCA Districts:

         a.   Rural And Open Space (ROS):

         (1)   Description: The ROS District is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district.

         (2)   Management Purpose: The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas.

         b.   Separated From River (SR):

         (1)   Description: The SR District is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River.

         (2)   Management Purpose: The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in the district.

         c.   Urban Mixed (UM):

         (1)   Description: The UM District includes large areas of highly urbanized mixed use that are a part of the urban fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and open space.

         (2)   Management Purpose: The UM District must be managed in a manner that allows for future growth and potential transition of intensely developed areas that does not negatively affect public river corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated storm water into the river, and providing public access to and public views of the river are priorities in the district.

      3.   MRCCA District Map: The locations and boundaries of the MRCCA districts established by this section are shown on the official zoning map which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map.

   E.   Special Land Use Provisions:

      1.   Purpose: To identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views.

      2.   Underlying Zoning: Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for the following land uses:

         a.   Agricultural Use: Perennial ground cover is required within fifty (50) feet of the ordinary high water level and within the bluff impact zone.

         b.   Feedlots: New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, chapter 7020.

         c.   Forestry: Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota.

         d.   Nonmetallic Mining: Nonmetallic mining requires a conditional use permit or interim use permit issued by the local government, subject to the following:

         (1)   New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline and OHWL;

         (2)   Processing machinery must be located consistent with setback standards for structures as provided in subsection G3 below;

         (3)   Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation;

         (4)   New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area;

         (5)   A site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must:

            (a)   Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters;

            (b)   Explain where staged reclamation may occur at certain points during the life of the site;

            (c)   Address dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and

            (d)   Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consistent with the stated end use for the land; and

         (6)   Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this chapter.

         e.   River-Dependent Uses: River-dependent uses must comply with the following design standards:

         (1)   Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-dependent uses as provided in subsection M below, must meet the dimensional and performance standards in this section, must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation;

         (2)   Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must:

            (a)   Be designed in a compact fashion so as to minimize the shoreline area affected; and

            (b)   Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and

         (3)   Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements.

         f.   Wireless Communication Towers: Wireless communication towers require a conditional or interim use permit and are subject to the following design standards:

         (1)   The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA;

         (2)   The tower must not be located in a bluff or shore impact zone; and

         (3)   Placement of the tower must minimize impacts on public river corridor views.

         (4)   Comply with the general design standards in subsection I.2 below.

   F.   Structure Height And Placement And Lot Size:

      1.   Purpose: To establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA.

      2.   Structure Height: Structures and facilities must comply with the following standards unless identified as exempt in subsection M below.

         a.   Structures and facilities must comply with the following standards unless identified as exempt in subsection M below.

         (1)   ROS District: Thirty-five (35) feet.

         (2)   SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the opposite shore.

         (3)   UM District: Sixty-five (65) feet, provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views. Structures over sixty-five (65) feet are allowed as a conditional use according to Section 6.23.

         b.   Height is measured on the side of the structure facing the Mississippi River.

         c.   In addition to the conditional use permit requirements of subsection D.4 above, criteria for considering whether to grant a conditional use permit for structures exceeding the height limits must include:

         (1)   Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities;

         (2)   Determination that the proposed structure meets the required bluff and OHWL setbacks;

         (3)   Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as:

            (a)   Placing the long axis of the building perpendicular to the river;

            (b)   Stepping back of portions of the façade;

            (c)   Lowering the roof pitch or use of a flat roof;

            (d)   Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials;

            (e)   Narrowing the profile of upper floors of the building; or

            (f)   Increasing the setbacks of the building from the Mississippi River or blufflines;

         (4)   Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and

         (5)   Opportunities for creation or enhancement of public river corridor views.

      3.   Structure and impervious surface placement.

         a.   Structures and impervious surface must not be placed in the shore or bluff impact zones unless identified as an exemption in subsection M below.

         b.   Structures, impervious surfaces, and facilities must comply with the following OHWL setback provisions unless identified as exempt in subsection M below.

         (1)   ROS District: Two hundred (200) feet from the Mississippi River and one hundred fifty (150) feet from the Minnesota and Vermillion Rivers.

         (2)   SR District: Seventy-five (75) feet from the Vermillion River.

         (3)   UM District: Fifty (50) feet from the Mississippi River.

         c.   Structures, impervious surfaces, and facilities must comply with the following bluffline setback provisions unless identified as exempt in Section 12.0:

         (1)   ROS District: One hundred (100) feet.

         (2)   SR District: Forty (40) feet.

         (3)   UM District: Forty (40) feet.

         d.   Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scale and bulk riverward or bluffward of the setbacks required under subsections G.3.b and G.3.c above are consistent with adjoining development. See Figure 5.7.

         e.   Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least seventy-five (75) feet from the ordinary high water level of the Mississippi River and all other public waters.

      4.   Lot Size And Buildable Area:

         a.   The width of lots abutting the Mississippi River in the ROS District must be at least two hundred (200) feet, unless alternative design methods are used that provide greater protection of the riparian area.

         b.   All new lots must have adequate buildable area to comply with the setback requirements of subsections G.3.b and G.3.c above so as to not require variances to use the lots for their intended purpose.

   G.   Performance Standards For Private Facilities:

      1.   Purpose: To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan.

      2.   General Design Standards: All private facilities must be developed in accordance with the vegetation management and land alteration requirements in subsections J and K below.

      3.   Private Roads, Driveways, And Parking Areas: Except as provided in subsection M below, private roads, driveways and parking areas must:

         a.   Be designed to take advantage of natural vegetation and topography so that they are not readily visible;

         b.   Comply with structure setback requirements according to subsection G above; and

         c.   Not be placed within the bluff impact zone or shore impact zone, unless exempt under subsection M below and designed consistent with subsection I.2 below.

      4.   Private Water Access And Viewing Facilities:

         a.   Private access paths must be no more than:

         (1)   Eight (8) feet wide, if placed within the shore impact zone; and

         (2)   Four (4) feet wide, if placed within the bluff impact zone.

         b.   Private water access ramps must:

         (1)   Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and

         (2)   Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities.

         c.   Design and construction of private stairways, lifts, and landings are subject to the following standards:

         (1)   Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by the city;

         (2)   Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet area allowed for commercial properties and residential facilities held in common, if approved by the city;

         (3)   Canopies or roofs are prohibited on stairways, lifts, or landings;

         (4)   Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and

         (5)   Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to subsection H.4.c (1)-(4) above, and as provided under subsection D.9 above.

         d.   One water-oriented accessory structure is allowed for each riparian lot or parcel less than three hundred (300) feet in width at the ordinary high water level, with one additional water-oriented accessory structure allowed for each additional three hundred (300) feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must:

         (1)   Not exceed twelve (12) feet in height;

         (2)   Not exceed one hundred twenty (120) square feet in area; and

         (3)   Be placed a minimum of ten (10) feet from the ordinary high water level.

      5.   Decks And Patios In Setback Areas: Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, when consistent with subsections J and K below, provided that:

         a.   The encroachment of the deck or patio into the required setback area does not exceed fifteen percent (15%) of the required structure setback;

         b.   The area of the deck or patio that extends into the required setback area occupies no more than twenty-five percent (25%) of the total area between the required setback and the 15 percent using the formula:

            [Required setback depth (feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum total area]

         c.   The deck or patio does not extend into the bluff impact zone. See Figure 5.8.

      6.    Off -pre mise and dire ctional signs.

         a.    Off -pre mise signs shall:

         (1)    Me et required stru cture plac ement and heig ht stan dards in subs ections G.2 and G.3 above.

         (2)   Not be readily visible.

         b.   Water-facing signs must comply with the following standards:

         (1)   They must be consistent with Minn. Stat. § 86B.115.

         (2)   Only convey the location and name of the establishment and the general types of goods and services available, if located in a shore impact zone.

         (3)   Be no greater than ten (10) feet in height and thirty-two (32) square feet in surface area; and

         (4)   If illuminated, the lighting must be fully shielded and directed downward to prevent illumination out across the river or to the sky.

   H.   Performance Standards For Public Facilities:

      1.   Purpose: To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility.

      2.   General Design Standards: All public facilities must be designed and constructed to:

         a.   Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;

         b.   Comply with the structure placement and height standards in subsection G above, except as provided in subsection M below;

         c.   Be consistent with the vegetation management standards in subsection J below and the land alteration and storm water management standards in subsection K below, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, where applicable;

         d.   Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and

         e.   Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting.

      3.   Right-of-way Maintenance Standards: Right-of-way maintenance must comply with the following standards:

         a.   Vegetation currently in a natural state must be maintained to the extent feasible;

         b.   Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and

         c.   Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical's use.

      4.   Crossings Of Public Water Or Public Land. Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minn. Stat. §§ 84.415 and 103G.245.

      5.   Public Utilities: Public utilities must comply with the following standards:

         a.   High-voltage transmission lines, wind energy conversion systems greater than five (5) megawatts, and pipelines are regulated according to Minn. Stat. Chapter 216E, 216F, and 216G respectively; and

         b.   If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river as much as practicable.

         c.   The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color.

         d.   Wireless communication facilities, according to subsection F.2.f above.

      6.   Public Transportation Facilities: Public transportation facilities shall comply with structure placement and height standards in subsection G above. Where such facilities intersect or abut two (2) or more MRCCA districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to:

         a.   Providing scenic overlooks for motorists, bicyclists, and pedestrians;

         b.   Providing safe pedestrian crossings and facilities along the river corridor;

         c.   Providing access to the riverfront in public ownership; and

         d.   Allowing for use of the land between the river and the transportation facility.

      7.   Public Recreational Facilities: Public recreational facilities must comply with the following standards:

         a.   Buildings and parking associated with pubic recreational facilities must comply with the structure placement and height standards in subsection G above except as provided in subsection M below;

         b.   Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources.

         c.   Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines.

         (1)   Hard-surface trails are not allowed on the face of bluffs with a slope exceeding thirty percent (30%). Natural surface trails are allowed, provided they do not exceed eight (8) feet in width.

         (2)   Trails, paths, and viewing areas must be designed and constructed to minimize:

            (a)   Visibility from the river;

            (b)   Visual impacts on public river corridor views; and

            (c)   Disturbance to and fragmentation of primary conservation areas.

         d.   Public water access facilities must comply with the following requirements:

         (1)   Watercraft access ramps must comply with Minnesota Rules parts 6115.0210 and 6280.0250; and

         (2)   Facilities must be designed and constructed consistent with the standards in Design Handbook for Recreational Boating and Fishing Facilities.

         e.   Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward.

         f.   Public stairways, lifts, and landings must be designed as provided in subsection H.4.c above.

   I.   Vegetation Management:

      1.   Purpose: To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas.

      2.   Applicability: This section applies to:

         a.   Shore impact zones;

         b.   Areas within fifty (50) feet of a wetland or natural drainage route;

         c.   Bluff impact zones;

         d.   Areas of native plant communities; and

         e.   Significant existing vegetative stands identified in the MRCCA plan.

      3.   Activities Allowed Without A Vegetation Permit:

         a.   Maintenance of existing lawns, landscaping and gardens;

         b.   Removal of vegetation in emergency situations as determined by (insert name of LGU);

         c.   Right-of-way maintenance for public facilities meeting the standards of subsection I.3 above;

         d.   Agricultural and forestry activities meeting the standards of subsections F.2.a and F.2.c above;

         e.   Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including removal of:

         (1)   Vegetation that is dead, diseased, dying, or hazardous;

         (2)   Vegetation to prevent the spread of diseases or insect pests;

         (3)   Individual trees and shrubs; and

         (4)   Invasive non-native species.

      4.   Activities Allowed With A Vegetation Permit:

         a.   Only the following intensive vegetation clearing activities are allowed with a vegetation permit:

         (1)   Clearing of vegetation that is dead, diseased, dying, or hazardous;

         (2)   Clearing to prevent the spread of diseases or insect pests;

         (3)   Clearing to remove invasive non-native species;

         (4)   Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the city; and

         (5)   The minimum necessary for development that is allowed with a building permit or as an exemption under subsection M below.

         b.   General Performance Standards: The following standards must be met, in addition to a restoration plan under subsection J.6 below, in order to approve a vegetation permit:

         (1)   Development is sited to minimize removal of or disturbance to natural vegetation;

         (2)   Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer and approved by the city;

         (3)   Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views;

         (4)   Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time; and

         (5)   Any other condition determined necessary to achieve the purpose of this section.

      5.   Prohibited Activities: All other intensive vegetation clearing is prohibited.

      6.   Vegetation Restoration Plan:

         a.   Development of a vegetation restoration plan and reestablishment of natural vegetation is required:

         (1)   For any vegetation removed with a permit under subsection J.4.a above;

         (2)   Upon failure to comply with any provisions in this section; or

         (3)   As part of the planning process for subdivisions as provided in subsection L below.

         b.   Restoration Plan Performance Standards: The vegetation restoration plan must satisfy the application submittal requirements in subsection D.6 above; and

         (1)   Vegetation must be restored in one or more of the following restoration priority areas:

         (a)   Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs;

         (b)   Shoreline areas within twenty-five (25) feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass;

         (c)   Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or

         (d)   Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist.

         (2)   Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines;

         (3)   Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density;

         (4)   Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable;

         (5)   For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed;

         (6)   Be prepared by a qualified individual; and

         (7)   Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three (3) years.

         c.   A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied.

   J.   Land Alteration Standards And Stormwater Management:

      1.   Purpose: To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion.

      2.   Land Alteration:

         a.   Within the bluff impact zone, land alteration is prohibited, except for the following, which are allowed by permit.

         (1)   Erosion control consistent with a plan approved by the local government or resource agency and consistent with subsection K.6 below;

         (2)   The minimum necessary for development that is allowed as an exception under subsection M below; and

         (3)   Repair and maintenance of existing buildings and facilities.

         b.   Within the water quality impact zone, land alteration that involves more than ten (10) cubic yards of material or affects an area greater than one thousand (1,000) square feet requires a permit.

      3.   Rock Riprap, Retaining Walls, And Other Erosion Control Structures:

         a.   Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, part 6115.0215, Subp. 4, item E, and 6115.0216, Subp. 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of Engineers, and any other permits are obtained. See Figure 5.9.

         b.    Co nstr uc tion or repl ac eme nt of ro ck rip rap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with provisions of subsection K.6 below provided that:

         (1)   If the project includes work at or below the OHWL, the commissioner has already approved or permitted the project.

         (2)   The structures are used only to correct an established erosion problem as determined by the city.

         (3)   The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem:

            (a)   Retaining walls must not exceed five (5) feet in height and must be placed a minimum horizontal distance of ten (10) feet apart; and

            (b)   Riprap must not exceed the height of the regulatory flood protection elevation.

         c.   Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration.

      4.   Stormwater Management:

         a.   In the bluff impact zone, storm water management facilities are prohibited, except by permit if:

         (1)   There are no alternatives for storm water treatment outside the bluff impact zone on the subject site;

         (2)   The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable;

         (3)   The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and

         (4)   Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure.

         b.   In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in subsection M below, or fully reconstructs existing impervious surface of more than ten thousand (10,000) square feet requires a storm water permit. Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five (5) feet wide.

         c.   In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas.

      5.   Development On Steep Slopes: Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if:

         a.   The development can be accomplished without increasing erosion or storm water runoff;

         b.   The soil types and geology are suitable for the proposed development; and

         c.   Vegetation is managed according to the requirements of subsection J above.

      6.   Conditions Of Land Alteration Permit Approval:

         a.   Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual;

         b.   Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation;

         c.   Construction activity is phased when possible;

         d.   All erosion and sediment controls are installed before starting any land disturbance activity;

         e.   Erosion and sediment controls are maintained to ensure effective operation;

         f.   The proposed work is consistent with the vegetation standards in subsection J above; and

         g.   Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001.

      7.   Compliance With Other Plans And Programs: All development must:

         a.   Be consistent with Minn. Stat. chapter 103B, and local water management plans completed under Minn. Stat. chapter 8410;

         b.   Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and

         c.   Meet or exceed the floodplain management standards under Minnesota Rules, parts 6120. 5000 - 6120.6200.

   K.   Subdivision And Land Development Standards:

      1.   Purpose:

         a.   To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites;

         b.   To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and

         c.   To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans.

      2.   Applicability:

         a.   The design standards in this section apply to subdivisions, planned unit developments and master- planned development and redevelopment of land involving ten or more acres for contiguous parcels that abut the Mississippi River and twenty (20) or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times:

         (1)   Subdivisions;

         (2)   Planned unit developments; and

         (3)   Master-planned development and redevelopment of land.

         b.   The following activities are exempt from the requirements of this section:

         (1)   Minor subdivisions consisting of three or fewer lots;

         (2)   Minor boundary line corrections;

         (3)   Resolutions of encroachments;

         (4)   Additions to existing lots of record;

         (5)   Placement of essential services; and

         (6)   Activities involving river-dependent commercial and industrial uses.

      3.   Application Materials: Project information listed in subsection D.6 above must be submitted for all proposed developments.

      4.   Design Standards:

         a.   Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area:

         (1)   CA-ROS District: Fifty percent (50%);

         (2)   CA-UM District: Ten percent (10%); and

         (3)   CA-SR District: Ten percent (10%) if the parcel includes native plant communities or provides feasible connections to a regional park or trail system, otherwise no requirement.

         b.   If the primary conservation areas exceed the amounts specified in subsection L.4.a above, then protection of native plant communities and natural vegetation in riparian areas shall be prioritized.

         c.   If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to subsection J.6.b above.

         d.   If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to subsection J.6.b above and the area must be set aside and designated as protected open space.

         e.   Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions.

         f.   Land dedicated under section 12-2-6, Park Dedication, for public river access, parks, or other open space or public facilities may be counted toward the protected open space requirement.

         g.   Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.

      5.   Alternative Design Standards:

         a.   The city will consider alternative design standards through a Planned Unit Development (PUD). With using a PUD, the city will consider deviation from minimum lot sizes and lot dimension standards. Use of a PUD within the MRCCA boundary shall include the following:

         (1)   A demonstrated protection and restoration of continuous vegetation - preventing the fragmentation of vegetation and habitat by individual lots, especially along the river and natural drainage areas and protecting it as common open space.

         (2)   Protection of open space, particularly primary conservation areas, beyond the minimum identified in 4.a.

      6.   Permanent Protection Of Designated Open Space:

         a.   Designated open space areas must be protected through one or more of the following methods:

         (1)   Public acquisition by a government entity for conservation purposes;

         (2)   A permanent conservation easement, as provided in Minn. Stat. chapter 84C;

         (3)   A deed restriction; and

         (4)   Other arrangements that achieve an equivalent degree of protection.

         b.   Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river.

   L.   Exemptions:

      1.   Purpose: To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minn. Stat. § 116G.15 Subd. 4.

      2.   Applicability:

         a.   Uses and activities not specifically exempted must comply with this section. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in subsections J and K above.

         b.   Uses and activities in subsection M.3 below are categorized as:

         (1)   Exempt - E. This means that the use or activity is allowed;

         (2)   Exempt if no alternative - (E). This means that the use or activity is allowed only if no alternatives exist; and

         (3)   Not exempt - N. This means that a use or activity is not exempt and must meet the standards of this chapter.

      3.   Use And Activity Exemptions Classification:

         a.   General Uses And Activities:

 

 

         b.   Public Utilities:

 

         c.   Public Recreational Facilities:

 

         d.   River-Dependent Uses.