Environmental resources are a valuable asset to the community and contribute to quality of life. The city recognizes that development has an impact on these resources and should be managed in a manner that promotes environmental stewardship. This chapter establishes environmental protection measures for the following reasons:

(1)

To provide for the regulation of development in sensitive areas so as to minimize the risk of environmental damage.

(2)

To protect private homeowners and governmental units from incurring high maintenance and repair costs resulting from development on poorly suited soils.

(3)

To ensure that the natural drainage system and flood storage areas are maintained at a scale adequate to serve development conditions.

(4)

To protect wetlands from being altered unnecessarily.

(5)

To protect steep sloped areas from being exposed to erosion and associated problems.

(6)

To protect forested areas in so far as practical as a community resource.

(7)

To protect and enhance the quality of the city's surface waters and conserve the economic and natural resource values of the shoreland of protected waters.

(8)

To mitigate the impacts of development on the natural environment.

(Prior Code, § 209(intro. ¶))

Unless otherwise specifically provided, the definitions section forth in section 101-2 shall apply to this chapter.

(a)

The standards specified herein are intended to be used by all property owners, contractors and developers who perform land disturbing activity. Plans for all development activity must account for soil types and slopes. While corrections may be possible to permit development of land characterized by unsuitable soils or steep slopes, care must be taken to protect vegetative cover on the site and to ensure there are no adverse impacts to nearly lands.

(b)

Any project that is disturbing one or more acres of land is required to meet the requirements of, and obtain a NPDES construction stormwater permit from, the MPCA.

(c)

The city hereby adopts and incorporates by reference the erosion, sediment, and waste control standards established by the MPCA'S NPDES/SDS construction stormwater general permit MNR100001 (CSW permit) as now constituted and from time to time amended.

(d)

All projects under one acre are subject to the standards in this article.

(Prior Code, § 209.040(A))

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

Land disturbance activity is any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city, including construction, clearing and grubbing, grading, excavating, transporting and filling of land.

Best management practices (BMPs) are methods for stormwater management that minimize the amount of runoff that occurs from a site and prevents pollution from running off. These represent a combination of land use, conservation practices and management techniques that result in an acceptable level of water quality and pollution prevention consistent with the city's NPDES and stormwater pollution prevention plan (SWPPP) permits.

Erosion control refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.

Final stabilization means that all soil disturbing activities on the site or common plan of development have been completed, and that a uniform (evenly distributed, e.g., without large bare areas) perennial vegetative cover with a density of at least 80 percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed, and that all temporary erosion control devices are removed, including silt fence, temporary sedimentation basins, and temporary standpipes. Simply sowing grass seed and/or mulch is not considered final stabilization. Final stabilization of a common plan of development includes completion of building or home construction along with final restoration of all yards and adjacent drainageways.

Finish grade is the final grade of the site that conforms to the approved plan within 0.2 feet of the approved elevations.

Minnesota Stormwater Manual. The Minnesota Stormwater Manual, by the MPCA, is the most current version of the manual.

Permanent controls are long-term methods employed to prevent erosion and sedimentation. Examples of such protection are swales, ponds, sediment basins, turf reinforcement mats, storm sewer systems, and riprap.

Rough grade is the stage at which the grade and elevation approximately conforms to the approved plan.

Temporary controls are short-term methods employed to prevent erosion and sedimentation. Examples of such protection are silt fence, temporary sediment basins, check dams, straw, mulch, erosion control blankets, wood chips and erosion netting.

(Prior Code, § 209.040(B))

The following standards apply to all development.

(1)

All provisions necessary for management of the floodplain, surface waters and stormwater, as determined by city ordinances and those of other agencies having jurisdiction, have been met.

(2)

The principles of best management practices (BMPs), as presented in the state stormwater manual, are incorporated into the development and reflected in the development contract to ensure all soil reclamation provisions are strictly monitored and enforced by the city.

(3)

A reasonable effort has been made to preserve the natural vegetation and that appropriate measures are taken to prevent shade tree disease transmission.

(4)

All temporary and permanent erosion and sediment control BMPs utilized on the development site meet the objectives of the state stormwater manual and have been incorporated into the development contract, and that slope stabilization is specifically addressed within the review process.

(Prior Code, § 209.040(C))

No development shall be permitted on poorly drained soils, somewhat poorly drained soils, very shallow soils, soils with high shrink-swell or frost potential or very steep or steep sloped, as defined by the soil survey of Washington and Ramsey Counties, and in state statutes and rules, unless the applicant provides plans designed by an engineer licensed by the state demonstrating that the soil stabilization and construction techniques are consistent with accepted engineering practice, as determined by the city manager. Long-term maintenance practices shall be specified in the engineered plans. These regulations shall not prohibit earth sheltered construction, as defined in state statute.

(Prior Code, § 209.040(D))

(a)

Minimal erosion. Development activities shall be conducted and staged to minimize soil erosion by:

(1)

Keeping disturbed areas small.

(2)

Stabilizing and protecting disturbed areas as soon as possible.

(3)

Keeping stormwater rate of runoff no greater than what it was before development.

(4)

Protecting disturbed areas from stormwater runoff.

(5)

Controlling, reducing or delaying stormwater runoff.

(6)

Retaining sediment within the site area.

(b)

Erosion and sediment control plan.

(1)

The developer shall prepare an erosion and sediment control plan, which shall define the temporary and permanent BMPs that will be implemented and maintained on the development site to protect surrounding property, and surface waters from the consequences of soil erosion resulting from grading and site development. The city manager shall review the erosion and sediment control plan for compliance with the BMPs specified in the state stormwater manual.

(2)

The stormwater pollution prevention plan shall consist of three components: a temporary erosion and sediment control plan, a permanent erosion and sediment control plan, and a narrative.

a.

A temporary erosion and sediment control plan shall be provided that indicates the location of perimeter controls, construction fence, temporary sedimentation basins, inlet protection, areas to be seeded, areas to be mulched or blanketed and all other required temporary erosion and sediment control measures. This plan shall also indicate staging of temporary erosion control measures.

b.

A permanent erosion and sediment control plan shall be provided that indicates areas to be seeded and sodded, sediment ponds, storm sewer systems and all other required permanent erosion and sediment control measures. Permanent stormwater pollution controls, including, but not limited to, ponds, vegetated buffers, rain gardens or other infiltration areas, and structural measures shall be designed and constructed in accordance with standards specified in this code and the state stormwater manual, as well as the requirements of other agencies having jurisdiction.

c.

A narrative shall be provided that describes at a minimum, the nature of construction activity, persons responsible for inspection and maintenance of site erosion and sediment control including contact information, project phasing, schedules, along with the timing, installation and maintenance of erosion and sediment control measures and specifications necessary to carry out the project.

(c)

New vegetation. For all development where land disturbance activity occurs, the permanent new landscaped vegetation must be established within 14 days after work is completed from the date of certificate of occupancy issuance, or upon completion of approved project. If development is completed during winter (November 15 to April 15, permanent vegetation shall be established by June 15. An extension may be granted by the city manager because for weather-related delays. The city council may grant an extension if the delay is for any other reason. Temporary soil stabilization techniques or temporary vegetation shall be established and maintained on the site per the approved plan until work to establish the permanent vegetation commences.

(Prior Code, § 209.040(E))

Land disturbance activity shall be controlled in accordance with the following criteria:

(1)

The smallest amount of bare ground shall be exposed for as short a time as feasible.

(2)

Temporary ground cover shall be as specified in the erosion and sediment control plan and permanent vegetative cover, such as sod, shall be provided. Temporary and permanent vegetation shall be maintained in compliance with all applicable requirements of this code.

(3)

Methods to prevent erosion and trap sediment shall be employed.

(4)

Fill shall be stabilized to accepted engineering standards.

(5)

All fill and grading activity shall comply with all other standards of the city's development regulations.

(6)

All fill and grading activity shall comply with M.S.A. § 307.08 of the Private Cemeteries Act.

(7)

Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two horizontal to one vertical, for a short-term interim period, unless the owner furnishes appropriate soils engineering. Unless specifically approved, permanent slopes shall be no steeper than three horizontal to one vertical.

(Prior Code, § 209.040(F))

All sites with land disturbing activities shall be prepared and maintained to control against erosion as set forth in this chapter.

(1)

Erosion and sediment control. Temporary and permanent erosion and sediment control measures shall be installed and maintained on all sites in conformance to the approved plan and as necessary to prevent erosion and sedimentation from impacting any adjacent property, rights-of-way, drainage system, lake, pond, wetland, watercourse, natural resource or other protected area.

(2)

Implementation of stormwater pollution prevention plan. All erosion and sediment control measures will be operational prior to the start of any land disturbing activity as specified in the erosion and sediment control plan, construction plans and specifications, or as deemed necessary by the city based on actual site conditions.

(3)

Inspection. Inspection of the BMP measures shall be carried out by the developer as required in the permit approval, but at a minimum shall be inspected at least once a week and after rainfalls of more than 0.5-inches in a 24-hour period.

(4)

Maintenance. All erosion and sediment control measures will be maintained throughout the duration of the project. Deficiencies found through inspection of a site shall be promptly repaired as necessary to bring the site into conformance with the approved plan and city requirements. At minimum, BMPs shall be maintained as follows:

a.

If a perimeter erosion control device is found to have sediment accumulation in excess of one-third of the total device height, the sediment shall be cleaned and the device repaired within 24 hours of discovery.

b.

If an erosion control device is found to be nonfunctional, it shall be repaired or replaced within 24 hours of discovery.

c.

Temporary sediment basins shall be maintained when sediment reaches one half the outlet height or one half the storage volume within 72 hours after discovery.

d.

Additional erosion and sediment control measures shall be installed as directed by the city manager as found necessary to protect life and limb, the environment, properties or the stability of a property until final stabilization has been achieved.

(5)

Required recordkeeping. The developer shall keep records of inspection dates, site conditions, rainfall events and maintenance work performed. Inspection reports shall include, at a minimum, date and time of inspection, name of person conducting inspection, findings of inspection including any recommended corrective actions, corrective actions taken since previous inspection, and the date and amount of rainfall events of 0.5 inches or greater. The required records and approved plans shall be open to inspection by the city during all municipal working hours.

(6)

Dewatering and basin draining. Dewatering and basin draining related to construction activity that may have turbid or sediment laden water must be discharged to a temporary or permanent sedimentation pond on the project site. All water that leaves the site must be treated with the appropriate BMPs such that the discharge water is clear and does not adversely affect the receiving water or downstream landowners. Turbid or sediment-laden discharge water shall not be discharged into any stormwater conveyance system or water body.

(7)

Construction site waste. The site shall be maintained in a clean and orderly manner. Waste shall be recycled when possible and stored on the site in appropriate waste and recycling containers, collected regularly, and disposed of properly, in conformance with the regulations of the city and requirements of the MPCA.

a.

Solid waste. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be stored and disposed of properly.

b.

Hazardous wastes. Oils, gasoline, paint, and any other hazardous substances must be properly stored to prevent spills, leaks, or other discharge. Storage and disposal of hazardous wastes shall comply with MPCA requirements. Truck and concrete washing: When feasible, truck washout should occur at the concrete plant. When washout is needed on the construction site a concrete washout area shall be used and contain the following components:

1.

Signage identifying where concrete washout should be performed.

2.

A rock entrance to prevent sediment tracking.

3.

A containment area utilizing appropriate BMPs for concrete washout facilities, as identified by the MPCA. BMPs include, but are not limited to, manufactured watertight washout containers or a plastic-lined containment area such as a holding pit, bermed basin, roll-off bin, or portable tank. The plastic liner shall be a minimum of ten millimeter-thick and leak-free. The containment area shall be inspected daily to ensure the sidewalls are intact, leaks are absent, and adequate capacity remains. Washout facilities must be cleaned, or new facilities constructed and ready to use, once the washout container is 75 percent full. If stored liquids have not evaporated when 75 percent capacity is reached, vacuum and dispose of the liquid in accordance with MPCA requirements. Hardened solids shall be disposed of as per the regulations of the MPCA.

(Prior Code, § 209.040(G))

In addition to the regulations stated in this section, development activities on riparian lots having frontage on state department of natural resources (DNR) classified protected waters are subject to the provisions of section 115-144(g).

(Prior Code, § 209.040(H))

This article shall be administered and enforced by the city manager, as specified in section 101-4. Any person, firm or corporation, who violates or refuses to comply with any of the provisions of this chapter shall be guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. Violations may result in issuance of a stop work order for the entire project or any portion thereof, no inspections shall be performed by the city, and the city will withhold issuance of any and all certificates of occupancy until conditions on the site comply with the provisions of this code.

(Prior Code, § 209.040(I))

Vegetation shall be left intact to the maximum extent possible to retard surface run-off and soil erosion, to utilize excess nutrients, and to conserve nutrients in the soil and to preserve shoreland aesthetics.

(Prior Code, § 209.050(A))

The removal of vegetation shall be controlled in accordance with the following criteria:

(1)

All properties.

a.

Vegetation shall be restored during and after all construction projects that require a building permit to retard surface runoff and soil erosion in accordance with section 115-27.

b.

Development shall be conducted so that the maximum number of trees, in particular landmark trees, are preserved by the clustering of structures in existing cleared areas and natural clearings, and the utilization of other site design techniques. Design of the site and construction activities shall be conducted in a manner to avoid likely injury to landmark trees.

c.

The developer shall remove seriously damaged, diseased or dead trees.

(2)

New development. All private-sector development proposals that involve the construction of a public street or private road and for all new non-single dwelling developments:

a.

Tree preservation plan. A tree preservation plan shall be submitted. This plan shall identify the trees to be preserved on the site and the methods to be employed to ensure that the identified trees are not damaged during construction. These methods must be acceptable to the city.

b.

Tree replanting plan. A tree replanting plan, acceptable to the city, shall be submitted. This plan shall provide for at least a one-for-one replacement, up to a maximum of 15 trees per acre, for any healthy trees in excess of four inches in diameter, except the replacement threshold for boxelder, cottonwood, and willow trees shall be eight inches of diameter and except as required elsewhere in this section for landmark trees. The replacement trees shall comply with the standards in section 109-36. Trees preserved on the site shall count toward the 15 trees per acre maximum replacement requirement, except any trees required to be replaced to compensate for the removal of a landmark tree (subsection (2)c of this section) shall be in addition to the requirements of this section.

c.

Landmark trees.

1.

Landmark trees not located within a shore or bluff impact zone: Landmark trees shall not be removed unless authorized by the city. Such authorization shall not be granted unless:

(i)

A finding is made that the presence of the trees unreasonably inhibits practical use of a property, the trees is diseased, or it presents a public safety hazard.

(ii)

A responsible party (property owner, developer, or city in the case of a public improvement, etc.) agrees to plant six trees of a species and location acceptable to the city for each healthy landmark tree removed. The size of the new trees shall comply with the standards set forth in the section 109-36 for new construction. If space is not available on the development site, the replacement trees shall be planted elsewhere in the community, as is acceptable to the city council.

2.

Landmark trees located within a shore or bluff impact zone: See subsection (4) of this section.

(3)

Single-family residential.

a.

Single family residential development. The term "single-family residential development" means any activity that requires a building permit or land use approval, including, but not limited to, variance, conditional use permit, subdivision, or rezoning.

1.

Landmark trees not located within a shore or bluff impact zone. Landmark trees shall not be removed unless authorized by the city. Such authorization shall not be granted unless:

(i)

A finding is made that the presence of the trees unreasonably inhibits practical use of a property, the trees is diseased, or it presents a public safety hazard.

(ii)

A responsible party (property owner, developer, or city in the case of a public improvement, etc.) agrees to replace each healthy landmark tree removed with trees of a species and location acceptable to the city at the ratio below. The size of the new trees shall comply with the standards set forth in section 109-36 for new construction. If space is not available on the development site, the replacement trees shall be planted elsewhere in the community, as is acceptable to the city council.

2.

Landmark trees located within a shore or bluff impact zone. See subsection (4) of this section.

b.

Existing single-family residential. Lots on which a single-family residential home was constructed prior to the effective date of this chapter are not subject to the replacement requirements for landmark trees unless development as defined in subsection (3)a of this section is occurring.

(4)

Shoreland management. In addition to the regulations stated in this section, development activities on riparian lots having frontage on state department of natural resources (DNR) classified protected waters are subject to the provisions of section 115-144(g).

(5)

Public improvement projects. For public street reconstruction and other public improvement projects, the following tree replacement standards shall apply:

a.

A minimum of one-for-one replacement for any tree in excess of four inches of diameter that is to be removed as a result of the construction activity.

b.

The replacement tree species, size, and location shall be negotiated between the city and the property owner.

(6)

Aquatic vegetation.

a.

Vegetation located at or below the OHW elevation of a protected water shall not be removed unless a permit is obtained from the department of natural resources.

b.

Vegetation located at or below the regional flood elevation for a wetland shall not be removed unless permission is granted by the city manager or their designee.

(7)

Public drainage easements. No person shall remove, cut, trim, or otherwise disturb terrestrial vegetation located within a drainage easement which adjoins a wetland unless authorized by the city manager or their designee.

(8)

Disagreement. Any disagreement regarding the enforcement of the rules set forth in this section shall be presented to the planning commission for recommendation and to the city council for a final decision.

(9)

Penalty. In addition to or in lieu of remedies permitted by state law for the violation of a development ordinance, the city may require a violator of any requirement in this section to plant up to eight trees within the community or pay a fine equivalent to the cost of purchasing up to eight replacement trees for each violation.

(Prior Code, § 209.050(B))

(a)

Declaration of policy and intent.

(1)

Policy. The city council has determined that the health of shade trees within the city is threatened by fatal tree diseases and plant pests such as Dutch elm and oak wilt diseases, the emerald ash borer, and other invasive species or forest pests. It has further determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the city council to control and prevent the spread of these diseases and other epidemic diseases or plant pests of shade trees, and this section is enacted for that purpose.

(2)

Intent. It is the intent of the city council to implement a local pest control program, a shade tree disease control program, and to cooperate with the commissioners of the department of natural resources and agriculture in accordance with M.S.A. ch. 18G and M.S.A. §§ 89.001, 89.01 and 89.51 to 89.64, as amended. The city manager shall act as coordinator between the commissioner of agriculture and natural resources and the city council in the conduct of these programs.

(b)

Inspection and investigation.

(1)

Inspection. The city manager shall inspect public and private yards which might harbor plant pests, as defined in M.S.A. §§ 18G.02, subd. 24, as hereafter amended, to determine whether a public nuisance exists thereon. They shall investigate all reported incidents of infection or infestation by the Dutch elm fungus, elm bark beetles, oak wilt fungus, emerald ash borer, or any other epidemic plant diseases or plant pests of shade trees.

(2)

Entry on public and private yards. The city manager may enter upon all public and private yards at any reasonable time for the purpose of carrying out any of the duties assigned herein. The term "private yard" means yards, as defined herein, and does not include the interior of any structure.

(3)

Diagnosis. The city manager shall identify diseased trees in a manner consistent with the state department of agriculture and natural resources guidelines, including, but not limited to, visual inspection, branch removal, bark shaving, and any other acceptable diagnosis methods. Laboratory confirmation by the state department of agriculture or other relevant state agency will be used when it is deemed necessary by the city manager.

(c)

Shade tree nuisance declared. All trees, firewood, or stumps with or without bark intact that are infected or infested by a shade tree disease or plant pest on public or private yards. Reference chapter 22 for nuisance procedures.

(d)

Transporting diseased wood. Loads must be properly secured so that twigs, branches and other debris are not lost while in route.

(1)

The transportation of diseased trees and firewood as defined under this chapter shall be confined in accordance with the rules, regulations, or quarantine areas defined or identified by the state department of agriculture and natural resources.

(2)

Disposal of all ash wood shall be carried out in accordance with the city's adopted emerald ash borer management plan.

(e)

Interference prohibited. No person shall prevent, delay or interfere with the city manager or their designee while they are engaged in the performance of duties set forth in this chapter.

(Prior Code, § 209.050(C))

(a)

Purpose. The city has conducted studies and has reviewed existing data to determine the current and projected water quality of various lakes within its community. The data indicates that lake water quality may be maintained and improved if the city is able to regulate the amount of lawn fertilizer and other nutrients entering the lakes as a result of stormwater runoff or other causes. The purpose of this section is to define regulations which will aid the city in maintaining and improving lake resources which are enjoyed by its residents and other users.

(b)

License required. No person, firm, corporation or franchisee shall engage in the business of commercial lawn fertilizer application within the city unless a license has been obtained from the city manager.

(c)

Regulations for property owners.

(1)

Random sampling. Upon the city's request, the property owner shall provide the city with samples of lawn fertilizer to be applied by property owners. The quantity of the sample shall be large enough to permit laboratory testing.

(2)

Use of impervious surfaces. Property owners shall not deposit leaves or other vegetative materials on impervious surfaces or within stormwater drainage systems or natural drainageways.

(3)

Unimproved land areas. Except for driveways, sidewalks, patios, areas occupied by structures, or areas which have been improved by landscaping, all land areas shall be covered by plants or vegetative growth.

(d)

General regulations.

(1)

Time of application. Lawn fertilizer applications shall not be applied when the ground is frozen or between November 15 and April 15 of the succeeding year.

(2)

Sample analysis cost. The cost of analyzing fertilizer samples taken from commercial applicators or property owners shall be paid by the commercial applicators or property owners if the sample analysis indicates that the phosphorus content exceeds the levels authorized herein.

(3)

Fertilizer content. No person, firm, corporation or franchise, shall apply fertilizer within the city which contains phosphorus.

(4)

Impervious surfaces and drainageways. No person shall apply fertilizer to impervious surfaces, or to the areas within drainage ditches or waterways.

(5)

Buffer zone. Fertilizer applications shall not be made within ten feet of any wetland or water resource.

(6)

Waterfowl. No person shall place feed for waterfowl on, in or within 50 feet of a wetland, pond, lake or water resource.

(e)

Exemptions.

(1)

Newly established turf areas shall not be limited by this chapter on the quantity of phosphorus for the first growing season.

(2)

The use of phosphorus on golf courses is permitted under the direction of an applicator certified by an organization approved by the commissioner of agriculture.

(3)

These exemptions are subject to the recommended rates established by the University of Minnesota and the commissioner of agriculture.

(Prior Code, § 209.050(D))

All commercial or noncommercial applicators who apply pesticides to turf areas must post or affix warning signs to the property where the pesticides are applied. The warning signs shall comply with the following criteria and contain the following information:

(1)

The warning signs must project at least 18 inches above the top of the grass line. The warning signs must be of a material that is rain resistant for at least a 48-hour period and must remain in place up to 48 hours from the time of initial application.

(2)

The following information must be printed on the warning signs in contrasting colors and capitalized letters measuring at least one-half inch, or in another format approved by the state commissioner of agriculture. The signs must provide the following information:

a.

The name of the business, entity, or person applying the pesticide; and

b.

The following language: "This area chemically treated. Keep children and pets off until (date of safe entry)" or a universally accepted symbol and text approved by the state commissioner of agriculture as recognized as having the same meaning or intent. The warning signs may include the name of the pesticide used.

(3)

The warning signs must be posted on a lawn or yard between two feet and five feet from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds or other similar recreational property, the warning signs must be posted immediately adjacent to areas within the property where pesticides have been applied or at or near the entrances to the property.

(Prior Code, § 209.050(E))

All development within the city shall comply with the policies set forth in the city's most current surface water management plan. These standards are to maintain compliance with the city's National Pollutant Discharge Elimination System (NPDES) municipal separate storm sewer system (MS4) permit. These standards are in addition to the requirements established by the Rice Creek Watershed District and the Ramsey-Washington Metro Watershed District. When there is a difference between the standards, the more restrictive shall apply.

(Prior Code, § 209.060(intro. ¶))

(a)

Purpose. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-stormwater discharges to the storm drainage system, as required by federal and state law. This section establishes regulations for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the city by the MPCA under the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:

(1)

To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user.

(2)

To prohibit illicit connections and discharges to the MS4.

(3)

To establish legal authority to carry out all inspection, and enforcement procedures necessary to ensure compliance with this section.

(b)

Compatibility with other regulations. This section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(c)

Ultimate responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards, therefore this section does not intend to imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

(d)

Discharge prohibitions.

(1)

Prohibition of illegal discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 or storm drainage system any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

a.

Water line flushing, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, individual residential car washing, and street wash water, provided such exempt discharges flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals, and infiltration of water consistent with the stormwater requirements of the city.

b.

Discharge of swimming pools subject to section 107-65(d)(1)m, crawl spaces, sump pumps, footing drains, and other sources that may be determined to contain sediment or other forms of pollutants may not be discharged directly to a gutter or storm sewer.

c.

Discharges or flow from firefighting and other discharges specified by the city as being necessary to protect public health and safety.

d.

Discharges associated with dye testing, however dye testing requires a notification to the city prior to the test.

e.

The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. Written approval of the city is required for any discharge to the storm drain system or MS4.

(2)

Prohibition of illicit connections.

a.

The construction, use, maintenance or continued existence of illicit connections to the storm drain system or MS4 is prohibited.

1.

This prohibition includes all illicit connections made prior to the adoption of this chapter regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

2.

A person is in violation of this section if the person connects a line conveying sewage to the storm drain system or the MS4, or allows such a connection to continue.

b.

Existing illicit connections must be disconnected and redirected to an approved onsite wastewater management system or the sanitary sewer system, subject to permitting and approval by the city.

c.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon written notice from the city. Such notice shall specify a reasonable time period for locating to be completed. As-built locations shall be provided to the city.

(e)

Right of entry. The city shall be permitted to enter and inspect private systems that connect to the MS4 or storm drainage system as may be necessary to determine compliance with this section.

(f)

Violations. In addition to the penalties established pursuant to section 1-5, illicit discharge may result in other penalties, including:

(1)

Emergency cease and desist orders. When the city finds that any person has violated, or continues to violate, any provision of this section, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violations has (have) caused or contributed to an actual or threatened discharge to the storm drain system, the MS4, or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to immediately cease and desist all such violations.

(2)

Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. Such suspension may also be imposed if it is necessary to stop an actual or threatened discharge which presents imminent and substantial danger.

(g)

Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorneys' fees, court costs and other expenses associated with enforcement of this section, including sampling and monitoring expenses.

(Prior Code, § 209.060(A))

(a)

All stormwater best management practices shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure.

(b)

Stormwater easements and covenants shall be provided by the property owner for access for facility inspections and maintenance. Easements and covenants shall be recorded with the county prior to the issuance of a permit.

(Prior Code, § 209.060(B))

(a)

All stormwater best management practices shall be maintained according to the measures outlined in accordance with the city's surface water management plan.

(b)

The persons or organizations responsible for maintenance shall be designated in the development agreement. The property owners shall be responsible for maintenance if the development agreement does not designate a party.

(c)

The financial responsibilities for such maintenance shall be specified in the development agreements and be included in deed restrictions or other contractual agreements as approved by the city.

(d)

Non-routine maintenance. Non-routine maintenance includes maintenance activities are those infrequent activities needed to maintain the ponding areas and/or stormwater infrastructure so that it functions in accordance with the approved plans and specifications. Examples of such activities include pond dredging or major repairs to stormwater structures.

(1)

Nonroutine maintenance shall be performed on an as-needed basis based on information gathered during regular inspections.

(2)

If nonroutine maintenance activities are not completed in a timely manner or as specified in the approved plan, then the city may complete the necessary maintenance at the owner's/operator's expense.

(e)

Inspections. The persons or organizations responsible for maintenance shall inspect stormwater best management practices on a regular basis, as outlined in the development agreement or as required by the MPCA.

(1)

Authorized representatives of the city may enter at reasonable times to conduct on-site inspections or routine maintenance.

(2)

For best management practices maintained by the property owner or homeowner's association, inspection and maintenance reports shall be filed with the city as provided for in the development agreement.

(3)

Authorized representatives of the city may conduct inspections to confirm the information in the maintenance reports.

(Prior Code, § 209.060(C))

Development shall generally conform to the guidelines adopted in the current surface water management plan (SWMP).

(1)

Strict compliance with the minimum building elevations (MBE) as specified in the SWMP for property that is not located in the FF, FW or GF districts.

(2)

Wetland buffers may be required by the city to meet the intent of the SWMP. A 16.5-foot buffer width is the minimum necessary to protect surface water wetlands from adverse development impacts. Deviation from this requirement may be approved during the applicable land use approval, including, but not limited to, site and building plan review, subdivision, or planned unit development.

(Prior Code, § 209.065; Ord. No. 864, 4-19-2010)

Utilization of protected wetland areas within the city shall be governed by department of natural resources regulations. During construction, wetlands and other water bodies shall not be used as sediment traps.

(Prior Code, § 209.070)

In order to guide the development and utilization of the shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the city have been given a shoreland management classification. These protected waters in the city have been classified by the commissioner of the state department of natural resources (DNR) and shown on the county protected waters inventory map as follows:

(1)

Natural environmental waters:

a.

62-44 Poplar Lake.

b.

62-74 Grass Lake.

(2)

General development waters:

a.

62-21 Turtle Lake.

b.

62-82 Wabasso Lake.

c.

62-64 Martha Lake.

d.

62-56 Owasso Lake.

e.

62-75 Island Lake.

f.

62-73 Snail Lake.

g.

62-81 Judy Lake.

h.

N/A Rice Creek.

i.

62-80 Emily Lake.

j.

Unnamed stream from Turtle Lake (62-61) to Marsden Lake (62-59).

(Prior Code, § 209.080(A); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

The shoreland management area is a component of the Environmental Overlay Zoning District as illustrated on the city's zoning map. Shoreland management regulations pertaining to such items as minimum lot size, structure placement, and alteration of shoreland area have been adopted to manage the effects of shoreland and water surface crowding, to prevent pollution of surface and groundwaters, to provide ample space on lots for sewage treatment facilities, to minimize flood damage, to maintain property value, to maintain the historic value of significant historic sites, to minimize impairment of views of protected waters and their shorelines, and to the extent possible maintain the natural character of shorelands and their adjoining public waters.

(Prior Code, § 209.080(B); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

The uses permitted in the shoreland management areas are those uses allowed and regulated by the applicable zoning district underlying the Environmental Overlay District.

(Prior Code, § 209.080(C); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

Except as hereinafter provided, the following standards shall apply to all shorelands of the protected waters designated in section 115-144. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, the more restrictive standards shall apply:

(Prior Code, § 209.080(D); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

Only that land located above the ordinary high-water (OHW) level shall be used in the calculations to determine compliance with minimum lot area requirements.

(Prior Code, § 209.080(E); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

(a)

Principal structure setback from the OHW.

(1)

New construction. In those case where there are existing dwelling units, including attached structures, on adjacent lots which have a lakeside setback of more than 50 feet, the lakeside setback for a new dwelling unit, including attached structures, shall be equal to the average of the lakeside setbacks for the existing dwelling units, plus or minus ten feet. In those cases where there is only one existing dwelling unit, including attached structures, on an adjacent lot, which has a lakeside setback of more than 50 feet, the lakeside setback for the new dwelling unit, including attached structures, shall be equal to the average of 50 feet and the lakeside setback of the existing dwelling unit, including attached structures, plus or minus ten feet. In any event, 50 feet shall be the minimum setback.

(2)

Additions to the existing principal structures. Where two or more existing adjacent dwellings, including attached structures, have lakeside setbacks which exceed the minimum lakeside setback by ten or more feet, the lakeside setback for an addition to a dwelling shall not be less than the average of the lakeside setbacks for such existing adjacent dwellings, including attached structures, minus ten feet. In any event, 50 feet shall be the minimum setback.

(b)

Setback requirements set forth in this section from side property lines and the OHW level shall not apply to docks, piers, boat lifts, retaining walls, walks, required safety railings along steps and retaining walls, or vegetation (trees, shrubs, flowers, etc.). Fences may be permitted anywhere lakeward of the required structure setback, except within the shore impact zone, provided they are not taller than 3.5 feet above grade. The city manager or their designee may authorize fences up to six feet in height that extent into the shore impact zone when a property abuts a walkway, park, or similar facility.

(c)

On residential property, only one water-oriented accessory structure may be located between the OHW level and the required structure setback, subject to compliance with the standards listed below in section 115-149(c)(1) through (3). Accessory structures that existed prior to June 21, 1993, and which do not comply with the provisions stated herein may be maintained, repaired, or rebuilt but cannot be expanded in floor area or height.

(1)

The amount of impervious surface area on the lot will not exceed 30 percent of the lot area.

(2)

The principal structure and any garage/storage structure comply with the required structure setback from the OHW level (principal structure means the dwelling, including any attached deck, porch, patio, etc.).

(3)

The water-oriented accessory structure shall comply with the following requirements:

a.

It does not exceed 250 square feet in area, unless a boathouse which shall not exceed 288 square feet of area.

b.

It is not wider than 12 feet as viewed from the water.

c.

It does not exceed ten feet of height above grade.

d.

It is setback at least 20 feet from side property lines except where not possible due to lot width, in such case, the structure shall be located in the center of the lot or as otherwise deemed acceptable by the planning commission.

e.

It does not contain any sanitation facilities and is not used for habitation.

f.

It is screened from view from the lake and from adjoining property as much as practical through landscaping, use of natural colors, topography, and/or location.

g.

No water-oriented structure (other than a lawful boathouse) or off-season storage of an ice fishing house is permitted within the shore impact zone. This setback requirement may be waived, but shall not be reduced to less than ten feet from the OHW, if the planning commission determines that a practical difficulty exists which renders strict compliance to be unreasonable. The term "practical difficulty" shall be defined as due to topography or other circumstance acceptable to the city.

h.

A boathouse may be located within the shore impact zone, provided it is at least ten feet landward of the OHW and it complies with the other requirements stated herein.

(d)

Detached accessory structures may be located in the front yard (between dwelling and street) of a lakeshore property only upon approval of a riparian lot detached accessory structure permit, section 103-96.

(e)

Structures, except stairways and landings, shall not be placed within a bluff impact zone.

(f)

Stairways, lifts, and landings shall be used when accessing public waters across bluff or shore impact zones. Such facilities shall also comply with the following standards:

(1)

Stairways shall not exceed four feet in width except for public recreation uses, including trails.

(2)

Landings for stairways must not exceed 32 square feet in area, unless associated with a public recreation use.

(3)

Shall be screened from view of the public water.

(Prior Code, § 209.080(F); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

Natural grades shall be maintained to the extent feasible in order to protect water quality and preserve views from the public water. Furthermore, measures shall be taken to prevent erosion and negate the impacts on adjacent properties.

(1)

Shore impact zones, bluff impact zones and steep slopes.

a.

Land within steep slopes, shore and bluff impact zones on riparian lots shall maintain natural grades and shall not be altered, filled or excavated with the following exceptions:

1.

To accommodate the placement of stairways, landings, public recreation facilities, roads, trails, and water oriented accessory structures.

2.

To remedy slope failure utilizing acceptable methods for slope stabilization and protection. Retaining walls may be permitted, provided the wall does not exceed four feet in height. A greater height may be permitted if it is necessary to remedy the slope failure.

3.

To maintain, repair or reconstruct existing retaining walls, provided the walls maintain the same height and length.

4.

In accordance with an approved mitigation plan.

b.

A grading permit is required for subsections (1)a.2 and 3 of this section.

(2)

Structure. The existing topographical grade and elevation for new, expanded or reconstructed single-family residences shall be maintained to the extent feasible. The finished topographical grade and elevation shall not be less than five feet below the existing topographical grade and elevation. Reconstruction is defined in section 115-155(b)(2) of this section.

(Prior Code, § 209.080(G); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

(a)

Removal and trimming of landmark trees is prohibited, except as necessary to remove branches that are dead, diseased, or which pose a safety hazard.

(b)

Non-landmark trees may be removed only where necessary, in the judgment of the city, to accommodate the placement of stairways, landings, public recreation facilities, roads, trails, and water oriented accessory structures, or to provide a view of the public water from the principal structure, provided that sufficient vegetation cover remains or is planted to screen motor vehicles, dwellings and other structures when viewed from the water. Such trees may also be trimmed or removed as necessary where branches are dead, diseased, or pose a safety hazard.

(Prior Code, § 209.080(H); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

Public and private roads, trailways, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. They must also be designed and constructed to minimize and control erosion and to retard the runoff of nutrients in accordance with the following criteria:

(1)

All roads, driveways, and parking areas shall meet the setback requirements established for structures and must not be placed within a bluff or shore impact zone when other reasonable and feasible placement alternatives exist as determined by the city. If the city council finds that no other reasonable option exists, these facilities may be placed within these areas if designed to minimize adverse impacts.

(2)

Parking areas for public watercraft access ramps and approach ramps shall be located at least 50 feet from the OHW unless no other practical alternative exists as determined by the city council.

(3)

Natural vegetation shall be used to screen parking areas when viewed from the water.

(4)

Any grading, filling or excavation in the shoreland management area which will change or diminish the course, current or cross-section of protected waters or wetlands shall be approved by the commissioner of the state department of natural resources.

(Prior Code, § 209.080(I); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

(a)

Detached residential, standard riparian and non-riparian lots: Impervious surface area shall not exceed 25 percent unless the following conditions are satisfied and, in no case, shall impervious surface area exceed 40 percent:

(1)

No water-oriented accessory structures (except docks, boatlifts, and retaining walls) will be located within the shore impact zone.

(2)

No more than 50 percent of the impervious area on the property drains directly to an adjoining protected water.

(b)

Detached residential, substandard riparian lots: see section 115-155(b)(3)a.

(c)

Detached residential, substandard non-riparian lots: see section 111-122.

(d)

All other uses. For uses other than detached residential, impervious surface area may be permitted to cover up to 60 percent of a site. Each of the following conditions must, however, be satisfied to cover more than 40 percent of these sites with impervious surface area:

(1)

All required setbacks from the OHW level are proportionately increased up to double (100 percent increase) the standard requirements based upon percent of impervious surface area above 40 percent (e.g., a 75 percent increase in the standard lakeshore setbacks if 55 percent impervious area coverage is desired).

(2)

A drainage easement is granted to the city for the purpose of maintaining natural (predevelopment) vegetative cover within the shore impact zone.

(3)

Stormwater drainage from all impervious surfaces shall be directed to a stormwater detention pond before discharge to a protected water.

(e)

Except for those structures located at or below the OHW, such as docks, boat lift, and piers, all structures, including water-oriented accessory structures, shall be included in the calculation to determine compliance with the maximum impervious area requirements.

(Prior Code, § 209.080(J); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

Any use of shoreland property or a structure in existence on August 1, 1983 (effective date of Ordinance No. 458 and adoption of the initial shoreland management code), but which does not meet the requirements of the city development code shall be allowed to continue in accordance with the provisions of chapter 111, article IV.

(Prior Code, § 209.080(K); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

(a)

All substandard lots.

(1)

Adjacent lots of record in the office of the county recorder prior to August 1, 1983, in common ownership which do not meet the requirements of section 115-147 must be combined and cannot be used as separate building sites unless all lots meet or exceed 60 percent of the minimum required lot width, area, and depth standards.

(2)

Lots of record in the office of the county recorder prior to August 1, 1983, that are not adjacent lots of record in common ownership which do not meet the requirements of section 115-147, may be allowed as separate building sites, provided:

a.

The lot meets or exceeds 60 percent of the minimum required lot width and area standards as defined in section 115-147 and has a depth of at least 110 feet as defined in section 101-2; or

b.

The lot was occupied by a primary structure on or before March 20, 2000.

(3)

No lot of record shall be used or reused as a separate homesite unless it abuts an improved public right-of-way or, if the lot was legally accessed via a private way prior to December 10, 1992, the access may continue to be utilized provided:

a.

There is no practical way to extend a public street to the property;

b.

The private access is protected by a permanent easement recorded to run with the title of the property; and

c.

The private way complies with the fire apparatus requirements set forth in the Uniform Fire Code.

(b)

Substandard riparian lots.

(1)

No structures shall be expanded, constructed or reconstructed on a substandard lot of record unless design review approval is first obtained from the city in accordance with section 103-5.

(2)

Reconstruction of a structure is defined to mean replacement of three or more of the structure's six structural components (roof, floor, and four walls). Determination as to the extent of structural component replacement shall be made by the building official.

(3)

Design standards for substandard riparian lots. Any structures expanded, constructed, or reconstructed on a substandard riparian lot shall comply with the following standards:

a.

Impervious surface coverage.

1.

The impervious surface coverage of the parcel shall not exceed 25 percent. A maximum impervious surface coverage of 30 percent may be permitted if there are no structures (except for docks, stairways, lifts, landings, retaining walls, and fences) in the required setbacks from the ordinary high-water level and/or bluff.

2.

If the existing impervious surface coverage on a parcel exceeds the allowable impervious surface coverage, existing impervious surface coverage may remain but shall not be increased. Existing impervious surface coverage is the impervious surface coverage legally present on or before March 20, 2000, or approved thereafter by the city.

b.

Building height. The maximum building height shall not exceed 35 feet as measured from the highest roof peak to the lowest point at finished grade.

c.

Foundation area. The foundation area of all structures, including dwellings and attached accessory structures, cantilevered areas, detached accessory structures greater than 150 square feet, and covered porches, covered decks, and covered patios shall be limited to 18 percent of the lot area of 1,600 square feet, whichever is greater. If the existing foundation area exceeds the allowed foundation area, the foundation area percentage may be maintained but not increased. Existing foundation area is the foundation area legally present on the property on or before March 20, 2000, or approved thereafter by the city.

d.

Building setbacks.

1.

Minimum setback from the property front line: 25 feet; however, in those cases where the existing setbacks for the two adjacent dwellings exceed this requirement, the setback of the new dwelling or any new addition shall be equal to the average setback of the two adjacent dwellings, plus or minus ten feet. In those cases where there is only one existing adjacent structure which has a setback greater than 25 feet, then the setback for the new dwelling or addition shall be equal to the average of 25 feet and the setback of the existing adjacent structure, plus or minus ten feet, but never less than a minimum of 25 feet.

2.

Minimum setback from the ordinary high-water level: see sections 115-147 and 115-149.

3.

Minimum setback from an interior side property line: ten feet; however, in those cases where an existing principal structure is set back less than ten feet but at least five feet from the side property line, then the existing setback may be maintained provided the expansion, addition or reconstruction is no more than one story as defined by the Uniform Building Code. A minimum setback of ten feet is required for any part of the structure that exceeds one story in height.

e.

Architectural mass.

1.

The use of landscaping is encouraged to reduce the visual appearance of structures from the lakeshore.

2.

The use of natural colors and/or materials on the exterior of the structure is also encouraged to reduce the visual impact. Natural colors are shades of brown, gray, and green. Natural materials include wood or stone that complement the setting of the structure.

3.

If a variance is granted to any of these design standards or setback requirements, sections 115-155(b)(3)e.1 and/or 2 may be required as conditions of approval.

(c)

Substandard non-riparian lots. See section 111-122.

(Prior Code, § 209.080(L); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

A shoreland mitigation plan must be submitted for residential development that requires land use approval, including, but not limited to, residential design review, variance, conditional use permit, subdivision or rezoning. The plan shall be designed to mitigate the adverse effects land development has on water quality and the lake environment. The mitigation plan shall be signed by the property owner, approved by the city manager and a mitigation affidavit recorded with the register of deeds prior to the commencement of development activity. Furthermore, mitigation plans shall be completed within one year of the plan's approval unless otherwise approved by the city.

(1)

Mitigation practices. The mitigation plan shall include at a minimum two of the following practices:

a.

Vegetation protection area. A vegetation protection area may be established which at a minimum shall include land area within the shore impact zone, bluff impact zone or steep slope. Within these areas, the removal of trees, shrubs and groundcover, grading, filling and other land disturbing activities are prohibited with the following exceptions:

1.

Removal of vegetation is in accordance with section 115-150.

2.

Establishment of one viewing corridor by selective pruning and selective removal of trees and shrubbery. Sufficient trees and shrubbery shall be retained to screen development from view of the water but provide a filtered view of the water. The viewing corridor should be more or less perpendicular to the shore and not be more than 30 feet wide at any point, including at the lakeshore. Water-oriented structures, walkways, stairways and lifts shall be located within the view protection corridor. Clearing, filling, grading and other land disturbing activities are not permitted in this corridor with the exception of the following:

(i)

Construction of a water-oriented structure, walkways, stairways and lifts.

(ii)

Shoreline protection activities as permitted by the DNR.

(iii)

Erosion control measures approved by the city, which are designed to remedy existing erosion problems.

(iv)

Beaches as permitted by the DNR.

b.

Vegetation restoration. Vegetation restoration areas may be established which at a minimum shall include land within the shore and the bluff impact zones or steep slopes. Land area shall be restored from law, beach or other disturbances using native or natural landscaping.

1.

Steep slope/bluff restoration. Steep slopes and bluffs that are vegetated with turf may be restored with deciduous and ornamental trees, evergreens and shrubs that are native to the area.

2.

Shoreline buffer restoration. A buffer zone of at least 25 feet from and parallel to the ordinary high-water mark shall be planted or restored and maintained with vegetation native to the area to fullest practicable extent possible with effective erosion and sediment control. Existing natural beaches or beaches which have been permitted by the DNR shall be allowed to continue and be maintained. A minimum of 30 percent of the lot's shoreline area shall be restored. This restoration area shall be contiguous unless otherwise approved as part of the mitigation plan.

c.

Architectural mass. The use of natural colors and/or materials on the exterior of the structure shall be used to reduce the visual impact. Natural colors are shades of brown, gray, and green. Natural materials include wood or stone that complement the setting of the structure.

d.

Removal of nonconforming structures. The mitigation plan may include the removal of structures that do not comply with the required structure setbacks from the ordinary high-water line or are located within a shore impact zone or bluff impact zone.

e.

Reduction of impervious surface coverage. The mitigation plan may include a minimum five percent reduction of the existing impervious surface coverage. The preferable location of this reduction is within that portion of the lot that drains to the lake.

(2)

Other practices. At the discretion of the city manager, other restoration or protection activities may be approved as part of a mitigation plan provided they meet the objectives of this chapter. Examples include the removal of artificial sand beaches, stormwater management and replacement of seawalls with bioengineering structures.

(Prior Code, § 209.080(M); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)

The city shall notify and supply the department of natural resources (DNR) with plans and information on the following:

(1)

Copies of all variance requests or public hearings for a conditional use permit in a shoreland area shall be submitted to the commissioner of the DNR at least ten days prior to such hearing.

(2)

A copy of the final decision granting variances or conditional use permits shall be submitted to the commissioner of the DNR within ten days after the meeting.

(3)

All preliminary plats within the shoreland area shall be submitted to the commissioner of the DNR at least ten days prior to the meeting.

(4)

All approved final plats shall be submitted to the commissioner of the DNR ten days after the meeting.

(5)

All concept planned unit developments shall be forwarded to and approved by the commissioner of the DNR prior to approval by the city council.

(f)

All amendments to this section must be approved by the commissioner of the DNR to be effective.

(Prior Code, § 209.080(N); Ord. No. 774, 4-18-2005; Ord. No. 907, 5-20-2013)