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5.a 3 Ord 107 Shoreland Management RegulationsCITY OF SCANDIA ORDINANCE NO. 107 AN ORDINANCE ADOPTING A NEW CHAPTER 5 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Scandia hereby ordains as follows: Section 1. Amendment. Section 11.2 Shoreland Overlay District of Chapter Two of the Development Code of the City of Scandia is hereby amended to read as follows: 11.2 Shoreland Overlay District. Properties and uses within this district are regulated in accordance with Chapter Five of this Development Code. Section 2. Amendment. Section 12.3 of Chapter Two of the Development Code of the City of Scandia is hereby amended to read as follows: 12.3. Applicability The OSCS standards are an alternative set of standards for residential development within the Agricultural (AG) and Residential (SR, SFE), districts. OSCS shall be permitted with a conditional use permit within these districts. The regulations of this Development Code are applicable only to the OSCS approved after the effective date of this Development Code. Section 3. Amendment. A new Chapter 5 entitled "Shoreland Management Regulations" is hereby adopted and added to the Development Code of the City of Scandia as hereinafter stated. Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations CITY OF SCANDIA DEVELOPMENT CODE CHAPTER FIVE SHORELAND MANAGEMENT REGULATIONS Table of Contents SECTION 1. INTENT AND PURPOSE.................................................................................... 5.1-1 SECTION 2. SCOPE AND APPLICABILITY........................................................................... 5.2-1 SECTION 3. DEFINITIONS...................................................................................................... 5.3-1 SECTION 4. ADMINISTRATION............................................................................................. 5.4.1 SECTION 5. SHORELAND CLASSIFICATION SYSTEM ..................................................... 5.5.1 SECTION 6. LAND USE DISTRICTS....................................................................................... 5.6.1 SECTION 7. LOT REQUIREMENTS....................................................................................... 5.7.1 SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA. 5.8.1 SECTION 9. SHORELAND ALTERATIONS........................................................................... 5.9.1 SECTION 10. STORMWATER MANAGEMENT.................................................................... 5.10.1 SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES ............................................. 5.11.1 SECTION 12. AGRICULTURAL USE STANDARDS.............................................................. 5.12.1 SECTION 13. FOREST MANAGEMENT STANDARDS........................................................ 5.13.1 SECTION 14. WATER SUPPLY................................................................................................ 5.14.1 SECTION 15. SEWAGE DISPOSAL........................................................................................ 5.15.1 SECTION 16. FENCES............................................................................................................. 5.16.1 SECTION 17. NONCONFORMING SITUATIONS................................................................ 5.17.1 SECTION 18. SUBDIVISION PROVISIONS.......................................................................... 5.18.1 City of Scandia Development Code 5.1-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SHORELAND MANAGEMENT REGULATIONS This Chapter of the City of Scandia Development Code shall be known as the City of Scandia Shoreland Management Regulations and may be referred to in this Chapter as "this Chapter" or the "Shoreland Management Regulations". This shoreland regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103 F, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. SECTION 1. INTENT AND PURPOSE 1.1 The uncontrolled use of shorelands of the City of Scandia, Minnesota affects the public health, safety and general welfare by contributing to pollution of public waters, and potentially decreasing property value. It is the intent and purpose of these regulations to: (1) Designate suitable land use districts for each body of public water. (2) Regulate the placement of sanitary and waste treatment facilities on lots. (3) Regulate the area of a lot and the length of water frontage suitable for building sites. (4) Regulate the alteration of shorelands of public waters. (5) Regulate alterations of the natural vegetation and the natural topography along shorelands. (6) Conserve natural resources and maintain a high standard of environmental quality. (7) Preserve and enhance the quality of surface water. (8) Preserve the economic and natural environmental values of shorelands. (9) Provide for the utilization of water and related land resources. (10) Maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife. City of Scandia Development Code 5.1-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 2. SCOPE AND APPLICABILITY 2.1 The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in Section 5 of this regulation and unclassified water bodies where applicable. 2.2 The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this regulation and other applicable regulations. 2.3 If any section, clause, provision, or portion of this Chapter is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. 2.4 The regulations contained in this chapter of the City of Scandia Development Code are in addition to and not in lieu of other regulations contained in other chapters of the City of Scandia Development Code. Where the standards contained in any other chapters of the Development Code are inconsistent with standards of this chapter, the more restrictive standard shall apply, except that the standards pertaining to lot size, lot width, and permitted uses contained in this chapter shall apply. City of Scandia Development Code 5.2-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 3. DEFINITIONS 3.1 For the purpose of this Chapter, certain terms and words are hereby defined as follows. Where terms are not defined in this Chapter, they shall have the same meaning as the definitions found in other chapters of the City of Scandia Development Code. (1) Access Corridor. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream or wetland. (2) Bluffline. A line along the top of a slope connecting the points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than eighteen percent (18%) and it only includes slopes greater than eighteen percent (18%) that meet the following criteria: (A) Part or all of the feature is located in a shoreland area. (B) The slope rises at least 20 feet above the ordinary high water level of the water body. (C) The slope must drain toward the water body. (3) Bluff Impact Zone. Bluff and land located within 20 feet from the top of a bluff. (4) Building Line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (5) Buffer Strip. Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation. (6) Buffer Width, Minimum. The least buffer distance allowable measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream. (7) Commercial Use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. (8) Commissioner. The commissioner of the Department of Natural Resources. (9) Controlled Access Lots. Lots intended to provide access to the lake for residents of a particular development. (10) Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than six(6) inches above ground. (11) Forest Land Conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. City of Scandia Development Code 5.3-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations (12) Impervious Surface. The portion of the lot covered with buildings including all appurtenances, driveways and sidewalks. (13) Intensive Vegetation Clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (14) Lake — Natural environment. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. (15) Lake — Recreational Development. Generally medium-sized lakes of varying depths and shapes with a variety of land form, soil, and groundwater situations on the lakes around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreational oriented commercial uses. (16) Lot Width. The horizontal distance between the side lot lines of a lot measured at the ordinary high water mark, setback line, and road right-of-way. (17) Ordinary High Water Level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. On lades with an established ordinary high water level by the Minnesota Department of Natural Resources, that elevation shall be considered the ordinary high water level. (18) Public Waters. Any water as defined in Minnesota Statutes, Section 103.G.005(15). (19) Riparian Lot. A lot with frontage on the lake. (20) Sensitive Resources Management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soil over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora and fauna in need of special protection. (21) Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. (22) Shoreland. Land located within the following distances from the ordinary high water elevation of public waters: (A)Land within 1,000 feet from the normal high watermark of a lake, pond or flowage; or, City of Scandia Development Code 5.3-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations (B) Land within 300 feet of a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. (23) Significant Historic Site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the Natural Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of the Minnesota Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. Any unplatted cemeteries are automatically considered to be significant historic sites. (24) Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. (25) Tier One. A lot or parcel of land with frontage on a waterbody regulated by the City of Scandia Shoreland Management Regulations. (26) Toe of the Bluff. The lower point of a bluff with an average slope exceeding eighteen percent (18%). (27) Top of the Bluff. The highest point of a bluff with an average slope exceeding eighteen percent (18%). (28) Tributary Streams. A stream classified as such by the Minnesota Department of Natural Resources. (29) Unclassified Body of Water. Unclassified body of water means any lake, pond, backwater, swamp, marsh, wetland, stream, drainage way, flowage, river, floodplain or other water oriented topographical features not designated as being a natural environment lake, recreational development lake, general development lake, or transition river or tributary stream on the zoning map. (30) Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of the Development Code, wetlands must a) have a predominance of hydric soils: b) be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions: and c) under normal circumstances, support a prevalence of hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas City of Scandia Development Code 5.3-3 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 4. ADMINISTRATION 4.1. Administration. Administration of this Chapter, including issuance of variances, shall be in accordance with Chapter One of the City of Scandia Development Code. 4.2 Notices to Department of Natural Resources. Copies of all notices of any public hearings to consider variance, amendments, or conditional uses under this chapter must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 4.3 Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to review and approval procedures, and criteria and conditions for review of conditional uses established in the City of Scandia Development Code. A thorough evaluation of the waterbody and the topographic, vegetative, and soils conditions on the site must be made to ensure: (1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (2) Limited visibility of structures and other facilities as viewed from public waters. (3) The site is adequate for water supply and on-site sewage treatment. (4) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 4.4 Conditions Attached to Conditional Use Permits. The City of Scandia, upon consideration of the criteria listed above and the purposes of the chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: (1) Increased setbacks from the ordinary high water level. (2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas. City of Scandia Development Code 5.4-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 5. SHORELAND CLASSIFICATION SYSTEM 5.1 Protected Waters Inventory Map. The public waters of the City of Scandia have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Washington County, Minnesota. 5.2 Official Zoning Map. The shoreland area for the water bodies listed in Section 5.3 and 5.4 shall be as defined in Section 3.1 (30) and as shown on the Official Zoning Maps adopted in Chapter 2, Section 1.1 of the City of Scandia Development Code. 5.3 Lakes. (1) Natural Environment Lakes. Protected Waters Inventory ID# Name 53 Sea 55 Nielson(Nielsen) 56 Unnamed (German) 57 Unnamed 58 Wo'towicz Pond 59 Goose 60 Unnamed 61 Unnamed 62 Unnamed 64 Fish 65 Ha 66 Unnamed 67 Sand 68 Lon 70 Rasmussen Pond 72 White Rock 78 Clear (2) Recreation Development Lakes. Protected Waters Inventory ID# Name 52 Big Marine 54 Bone 80 Sylvan City of Scandia Development Code 5.5-1 Approved 12/4/07 5.4 Rivers and Streams (1) Wild & Scenic Rivers. Chapter Five 0 Shoreland Management Regulations St. Croix River (82-1P). Requirements of the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5 must be followed, and are herein adopted by reference. (2) Tributary Streams. Falls Creek (Sections 1, 6, 7 and 12) T32N R20 W City of Scandia Development Code 5.5-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 6. LAND USE DISTRICTS 6.1 Land Use Districts for Lakes. All lands within shoreland areas of lakes in the City of Scandia shall be designated as Residential Use Districts. (1) Permitted Uses: (A) Single family residential (B) Parks and historic sites (C) Agricultural: cropland and pasture (2) Uses Permitted with a Certificate of Compliance: (A) Home occupation in accordance with Chapter Two, Section 10.13 of the Development Code. (3) Uses Permitted with a Conditional Use Permit: (A) Bed and Breakfast in accordance with Chapter Two, Section 10.5 of the Development Code. (B) Accessory Apartment in accordance with Chapter Two, Section 10.1 of the Development Permit. (C) Place of Worship in accordance with Chapter Two, Section 10.22 of the City Development Code, except that the minimum lot area required shall be 20 acres above the Ordinary High Water level, the property must have frontage on a City Collector, County Collector, or Minor Arterial, the minimum setback from the Ordinary High Water level shall be 500 feet, and off-street parking areas shall not be located within the Ordinary High Water level setback. (4) Uses Permitted with a Planned Unit Development Permit: (A) Open Space Conservation Subdivisions as specified in Chapter Two, Section 12 of the City of Scandia Development Code, providing following additional standards are met: 1. at least 70 percent of the land area within the shore impact zone shall be maintained in its natural state and preserved as permanent open space; and 2. any shore recreation facilities, including but not limited to swimming areas, docks, watercraft mooring areas and boat ramps shall be centralized and owned in common by all residents of the development. City of Scandia Development Code 5.6-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations 6.2 Land Use Districts for Rivers. All lands within the shoreland of the St. Croix River shall be governed by the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5. 6.3 Tributary Streams. All lands abutting tributary streams covered by this Chapter shall be governed by the underlying zoning district as it pertains to minimum lot size and permitted uses. Setback and lot width requirements shall be as contained in this Chapter. City of Scandia Development Code 5.6-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 7. LOT REQUIREMENTS 7.1 Lot Area and Width Standards. The lot area (land above the normal ordinary high water mark) and lot width standards (at road, shoreline and building setback line) for single residential lots created after the date of enactment of this chapter for lake and river/stream classifications are the following: (1) Lake Standards. Newly created Tier 1 lots on Recreational Development lakes and on Goose Lake shall have a minimum lot size of 2 '/2 acres and a minimum lot width of 150 feet. Newly created Tier 1 lots on Natural Environment lakes except Goose Lake shall have a minimum lot size of five (5) acre and a minimum lot width of 300 feet. All other lots shall conform to the general density standards for the area as designated in the Comprehensive Plan, and lot size and width shall conform with the underlying base zoning district. (2) Tributary Stream Standards. All lots within the Shoreland Overlay District of tributary streams shall meet underlying zoning density and lot size restrictions. The lot width standards for single family residential developments is 300 feet. 7.2 Additional Special Provisions: (1) Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at the ordinary high water level, road and at the building setback line. (2) In any new subdivision lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible, providing all of the following standards are met. (A) The lot must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots; (B) If docking, mooring, or over -water storage of more than six (6) watercraft is to be allowed at a controlled access lot, the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six (6), consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of Lake Size to Shore Length (acres/miles) Percent of Required Increase in Frontage Less than 100 to 1 25% per additional watercraft 100 to 200 to 1 20% per additional watercraft 201 to 300 to 1 15% per additional watercraft 301 to 400 to 1 10% per additional watercraft Greater than 400 to 1 5% per additional watercraft City of Scandia Development Code 5.7-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations (C) The lot/lots 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 (D) A development agreement is entered into between the developer and the City of Scandia specifying which lots owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The development agreement must limit the total number of vehicles and trailers allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, stored over water, or parked on the property, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. The agreement must also require all parking areas 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. No structures shall be constructed on these lots except for docking facilities as approved by the Minnesota Department of Natural Resources and the City of Scandia. (3) Any individual lot or lots which do not contain a seasonal or permanent home may have one dock with the capacity to accommodate up to three watercraft. No other temporary or permanent structures or recreational vehicles are allowed. City of Scandia Development Code 5.7-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA 8.1 Placement of Structures on Lots. When more than one setback applies to a site, all structures and facilities must be located to meet all setbacks. (1) Structure and On -Site Sewage System Setbacks (in feet) from Ordinary High Water Level: CLASSES OF PUBLIC WATERS SETBACKS a STRUCTURES SEWAGE TREATMENT SYSTEMS LAKES unplatted cemetery 50 Natural Environment 200 150 Recreational Development 100 75 Unclassified Waterbodies 75** 75 RIVERS/STREAMS collector road 100 Tributary Streams 200 150 (2) Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: SETBACK FROM: SETBACK in feet a top of bluff line 30 (b) unplatted cemetery 50 (c) arterial road 150 from centerline or 75' from road right-of-way whichever is greater. (d) collector road 100 from centerline or 50' from road right-of-way whichever is greater (e) right-of-way line of public street, or 40 other roads or streets not classified (f) side yard setback, existing parcels 1.0 10 acre or less in size Recreational Development Lakes 20 Natural Environment Lakes, Tributary /Streams (g) side yard setback, existing parcels 20 greater than 1.0 acre in size Recreational Development Lakes 20 Natural Environment Lakes, Tributary /Streams City of Scandia Development Code 5.8-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations 8.2 High Water Elevations: The lowest floor including basement of any structure constructed in a shoreland area must be 2 feet above the 100 year flood elevation or 3 feet above the highest known water level whichever is greater. 8.3 Height. No structure shall exceed 35' in height. 8.4 Lot Coverage. A maximum of 25% of the lot may be covered with impervious surface. This includes all structures, decks, patios, walks, and surfaced or unsurfaced driveways. 8.5 Stairways, Lifts, and Landings. Stairways and lifts are the only permitted alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: (1) Stairways and lifts must not exceed four (4) feet in width on residential lots; (2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub items 1 to 5 are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. (7) A certificate of compliance is required. 8.6 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. 8.7 Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. If necessary, conditions must be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. City of Scandia Development Code 5.8-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 9. SHORELAND ALTERATIONS 9.1 Vegetation Alterations. (1) No cutting or removal of trees over six (6) inches in diameter measured at a point fifty- four inches above ground level within the required building setback shall be permitted unless the trees are dead, diseased, or pose a documented safety hazard. A certificate of compliance must be obtained prior to removal of any trees. (2) Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures, piers, docks and marinas, when viewed from the water. (3) In order to retard surface run-off and soil erosion, natural vegetation shall be restored insofar as feasible after any construction project is completed. (4) The provisions of this section shall not apply to normal maintenance of trees such as pruning or removal of limbs or branches that are dead or pose safety hazards. (5) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits are exempt from these vegetation alteration standards. 9.2 Topographic Alterations/Grading and Filling (1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and drive ways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit, provided the building plan included with the permit address all issues and meets all requirements and provisions of Section 9.2(3). (2) Public roads and parking areas are regulated by Section 9.3 of this chapter. (3) Grading or filling is prohibited within the bluff impact zone or shore impact zone. Grading/filling outside these areas shall require a grading permit. Standards for land alteration and grading contained in Chapter 2 of the City of the Scandia Development Code must be followed. (4) The filling of any wetland or below the normal ordinary high water mark must be permitted by appropriate Federal, State, and local units of government with jurisdiction. (5) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will be allowed only after the Department of Natural Resources has approved the proposed connection to public waters. (6) Placement of natural rock rip rap including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet City of Scandia Development Code 5.9-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water mark, and the height of the rip rap above the ordinary high water level does not exceed three feet. A permit and/or approval must be obtained from the Minnesota Department of Natural Resources and a grading permit is obtained from the Zoning Administrator. 9.3 Placement and Design of Roads, Driveways, and Parkin Ag reas. (1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. All roads and parking areas must be 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) All new roads, driveways, and parking areas must meet the lake setback requirements and must not be placed within bluff and shore impact zones. (3) Public and private watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met and a certificate of compliance is issued by the Zoning Administrator. Grading and filling provisions of Chapter 2, Part 3, Section 16 of this Development Code must also be met. 9.4 Buffer Strips. In order to maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife, a buffer strip shall be provided and maintained around all natural environment lakes and streams and type 3, 4 and 5 wetlands. (1) Lake, Wetland, Stream Buffer Widths. (A) The minimum buffer width shall apply to all buffer widths including those that are restore, replaced or enhanced. (B) The City may require a variable buffer width to protect valuable adjacent habitat when considering variances for building setbacks. (C) The following buffer widths shall be maintained: Lake/Wetland Type NE Lake Type 3,4,5 Wetland Stormwater Pond Minimum Buffer Width: 50 feet 50 feet 10 feet Building Setback from outer edge 10 feet 10 feet 10 feet of buffer (2) An access corridor 50' wide is permitted to gain access to the waterbody. City of Scandia Development Code 5.9-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 10. STORMWATER MANAGEMENT 10.1 Stormwater Management. Standards for stormwater management as contained in Chapter 2 and Chapter 3of the City of Scandia Development Code shall apply. City of Scandia Development Code 5.10-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES 11.1 Standards for Non -Residential Uses. Any permitted use of land adjacent to public water which needs to have access to and use of public waters must meet the following standards in addition to any other requirements of this chapter or the City of Scandia Development Code: (1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Development Code, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be minimum size necessary to meet the need. (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (A) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public water by a public authority or under a permit issued by the County Sheriff. (B) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than six (6) feet above the ground, and must not exceed 16 square feet in size. The sign shall not be lighted and shall be of an earthen tone color. A sign permit must be obtained from the Zoning Administrator. (C) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards, and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. City of Scandia Development Code 5.11-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 12. AGRICULTURAL USE STANDARDS 12.1 Agricultural Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Natural Resources Conservation Service (NRCS), as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. City of Scandia Development Code 5.12-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 13. FOREST MANAGEMENT STANDARDS 13.1 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Sources Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". City of Scandia Development Code 5.13-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 14. WATER SUPPLY 14.1 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. City of Scandia Development Code 5.14-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 15. SEWAGE DISPOSAL 15.1 Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment in accordance with the Washington County Individual Sewage Treatment System Code and meet appropriate setback requirements as contained in Section 8.1 of this chapter. 15.2 Non -conforming Sewage Treatment Systems. Non -conforming sewage treatment systems shall be regulated and upgraded in accordance with Section 7.1 of this chapter and the Washington County Individual Sewage Treatment System Ordinance. A sewage treatment system not meeting the requirements of the Washington County Individual Sewage Treatment System Ordinance must be upgraded at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces. City of Scandia Development Code 5.15-1 Approved 12/4/07 SECTION 16. FENCES Chapter Five 0 Shoreland Management Regulations 16.1 In addition to the standards contained in Chapter 2 of the City of Scandia Development Code, the following standards must also be met on shoreland property. 16.2 No fence shall exceed 4 feet in height unless all required building setbacks are met. If the fence is located so as to meet required building setbacks, a 6 -foot high fence is permitted. 14.3 No fence shall be constructed closer to the lake than the required lake setback requirement unless the existing home is located closer to the lake than the required setback in which case the fence may be constructed even with the lake side of the home. City of Scandia Development Code 5.16-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 17. NONCONFORMING SITUATIONS Non -conforming situations shall be regulated in accordance with Chapter 1, Section 12 of the City of Scandia Development Code with the following exceptions: 17.1 (1) A lot or parcel of land which was of record as a separate lot or parcel in the Office of the Washington County Recorder or Registrar of Titles, on or before January 1, 1973 which is in a residential or agricultural district, and is not a contiguous lot or parcel as that term is described and regulated under Chapter One of the City of Scandia Development Code, may be used for single family detached dwelling purposes, without a variance, provided that: (A) The area and width thereof are within sixty percent (60%) of the minimum requirements of Section 7.1 of this chapter. (B) All setbacks requirements of this chapter can be maintained. (C) It can be demonstrated that either two (2) safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by public sanitary sewer. (D) On Natural Environment Lakes, any separate lot or parcel of record, and not under common ownership with adjacent parcels, legally created and recorded prior to the adoption of this chapter may be used for single family detached dwelling purposes without a variance if it is at least 1.5 acres in size, is 120 feet in width, and meets item (B) and (C) above (17.1 (1) (B) and (C)). (2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (A) The structure existed on the date the structure setbacks were established. (B) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. (C) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. (D) No deck on a nonconforming structure shall exceed 10 feet in width. (E) The deck is constructed primarily of wood, and is not roofed or screened. City of Scandia Development Code 5.17-1 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations (F) A certificate of compliance is obtained from the Zoning Administrator. City of Scandia Development Code 5.17-2 Approved 12/4/07 Chapter Five 0 Shoreland Management Regulations SECTION 18. SUBDIVISION PROVISIONS 18.1 Land Suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 18.2 Subdivision Process. All subdivision of land shall be in accordance with Chapter 3 and all other applicable provision of the Development Code. City of Scandia Development Code 5.18-1 Section 4: Effective Date. This ordinance shall be effective following its review by the Minnesota Department of Natural Resources and upon publication according to law. Adopted this 4th day of December, 2007. Dennis D. Seefeldt, Mayor Anne Hurlburt, Administrator