Loading...
6.a Draft Ordinance Shoreland Management RegulationsCITY OF SCANDIA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE SCANDIA DEVELOPMENT CODE, SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Chapter 5 of the Development Code of the City of Scandia shall be repealed and replaced with the new Chapter 5, Shoreland Management Regulations, as follows: SECTION 1. STATUTORY AUTHORIZATION AND PURPOSE 1.1 Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Chapter 462. 1.2 Intent and Purpose. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use, and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Scandia. The City finds that the uncontrolled use of shorelands of the City affects the public health, safety, and general welfare by contributing to pollution of public water and potentially decreasing (Deleted:, property, public, and natural resource values. It is the intent and purpose of these regulations to: (1) Designate suitable land use districts of eachpublic water body. Deleted: r \' Deleted: body of (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 waters. (8) Preserve the economic, natural, and environmental values of shorelands. (9) Provide for the utilization of water and related land resources. Ordinance No. Page 1 of 31 (10) Maintain water quality, reduce flooding and erosion, and provide sources of food and Deleted: to habitat for a variety of fish and wildlife. 2.0 GENERAL PROVISIONS AND DEFINITIONS 2.1 Jurisdiction. The provisions of this ordinance apply to the shorelands of the public water bodies as classified in Section 4.1 of this ordinance. Pursuant to Minnesota Rep-ulations. Parts 6120.2500 - 6120.3 900, no lake, pond, or flowage less than 10 acres in size in municipalities Meed be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. 2.2 Enforcement. The City of Scandia is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in Section 3.2 of this ordinance. 2.3 Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.4 Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.5 Relationship to Scandia Development Code. 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. 2.6 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. Additions/change to definitions suggested based on Scandia Development Code definitions in red. Ordinance No. Page 2 of 31 Deleted: , f Deleted: and to the shorelands of public water bodies greater than 10 acres in unincorporated areas in which the city has, by ordinance, extended the application of its zoning regulations as provided by Minnesota Statute, Chapter 462.357 Subd 1. Deleted: or 25 acres in size in unincomorated areas (1) Accessory dwelling unit. A dwelling unit that is located on the same lot as a principal residential or commercial structure to which it is accessory, and that is subordinate in area and form to the principal use. A density unit is not attributed to this dwelling unit when calculating density. (2) Accessory structure or uLse. A structure or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (3) Animal feedlot. A facility as defined by Minnesota Rules, part 7020.0300. (4) Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics: A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25 feet above the toe of bluff; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30 percent or greater, except that an area with an average slope of less than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff; and Q. The slope must drain toward the waterbody. EMN, Sluff Impact Zan e. Top and Toe of BI uff Bluff Impart a,)i-3 —� I i I I i I i i ^20M SDI I � k I F I I �rrtaek Top I bluff q ND I!curl lop most 5a fl I f k>I f } I w�I o[Io Tag Of } bluff yr DHWL I Bluff 458 Ordinance No. Page 3 of 31 Deleted: facility f Deleted: Any building or improvement that is located on the same lot as a principal structure and that is subordinate to a principal use Deleted: (5) Bluff impact zone. A bluff and land located within 20 feet of the top of a bluff. (6) Bluff, Toe of. The lower point of a 50 -foot segment with an average slope exceeding 18 percent or the ordinary high water level, whichever is higher. (7) Bluff, Top of. For the purposes of measuring setbacks, the higher point of a 50 -foot segment with an average slope exceeding 18 percent. (8) Boathouse. A facility as defined by Minnesota Statutes Section 103G.245. (9) Buffer. A vegetative feature as defined by Minnesota Statutes, Section 103F.48. (10) Building line. Aline parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (11) Controlled access lot. A lot used to access public waters or as a recreation area for owners of nonriparian lots within the same subdivision containing the controlled access lot. (12) _Commissioner. The commissioner of the Department of Natural Resources. (13) Conditional use.A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the Development Code, upon a finding that certain conditions as detailed in the zoning ordinance exist, and that the structure and/or land use conform to the comprehensive land use plan and are compatible with the existing neighborhood. (14) 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 three feet above ground. (15) Duplex, triplex, and quad. A dwelling structure on a single lot, having two, three, and four units, respectively, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. (16) Dwelling site. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. (17) Dwelling unit.,A residential accommodation including complete kitchen and bathroom facilities, quarters for 1 family. (18) Extractive use. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. 19 Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. (20) Forested land. As defined in Minnesota Statutes 89.001, land which is at least ten (10) percent stocked by trees of any size and capable of producing timber, or of exerting an influence on the Ordinance No. Page 4 of 31 Deleted: <#>Commercial planned unit developments. Developments that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service- oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service- oriented activities are commercial planned unit developments. ¶ <#>Commercial use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. ¶ Deleted: A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. Deleted: Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins climate or on the water regime; land from which the trees described above have been removed to less than ten (10) percent stockin¢ and which has not been developed for other use . Ordinance No. Page 5 of 31 of Deleted: 2 for that portion of the lot covered by the building, to the highest point of the roof for flat roofs, to p g• P � Deleted: The vertical distance between the highest adjoining the roof deck line of mansard roofs and to the mean height between eaves and ridge forabg le, hip, ground level at the building or ten feet above the lowest adjoining or gambrel roofs. No structure shall exceed the maximum height permitted for the zoning district in ground level, whichever is lower, and the highest point of flat roof which it is located, except for church spires, chimneys, agricultural silos, wind energy conversion or average height of the highest gable of a pitched or hipped roof. systems, wireless communication antennas and towers and flagpoles up to 45 feet in height. The heigbt of a stepped or terraced building is the maximum heigbt of any segment of the building. (221—Impervious surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops; decks; sidewalks; patios; driveways; swimming pools; parking lots; storage areas; concrete, asphalt, or gravelFoads; pavers (including pervious pavers); and other similar surfaces. Height of Building � rgrrt�r+ The mean height between the eaves and ridge far gable, hip or _I. J Bsmbtel roofs for hlgmst p6ntnf How gt the roof forflat roofs or roof deck I��rrr taw •. Nue of mansard roofsl. i ~ �� 3 ffMR� �b M Height of 4uiiding r 3 VertlCal durance from the f� average of the highest and lowest point of grade for;hatportian ofthe int i loom 6opwing covered by the huiidit7g. groulxl larel LUwe9t adJpirting grWr d IBwHf (221—Impervious surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops; decks; sidewalks; patios; driveways; swimming pools; parking lots; storage areas; concrete, asphalt, or gravelFoads; pavers (including pervious pavers); and other similar surfaces. 2( 3) Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 2( 4) Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 25 Lot. A parcel of land designated by plat, metes and bounds, registered land survey,lomat, or other accepted means and which description is either recorded in the Office of the Washington County Recorder or Registrar of Titles or used by the County Treasurer or County Assessor to separate such parcel from other lands for tax ose 26 Lot width. The minimum horizontal distance between: A. Side lot lines measured at the midpoint of the building line; and B. Side lot lines at the ordinary high water level, if applicable. Ordinance No. Page 6 of 31 Deleted: auditors plot _ Deleted: separated from other parcels or portions by said description for the purpose of sale, lease, or separation � rgrrt�r+ _I. J How gt I��rrr taw ffMR� �b M 2( 3) Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 2( 4) Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 25 Lot. A parcel of land designated by plat, metes and bounds, registered land survey,lomat, or other accepted means and which description is either recorded in the Office of the Washington County Recorder or Registrar of Titles or used by the County Treasurer or County Assessor to separate such parcel from other lands for tax ose 26 Lot width. The minimum horizontal distance between: A. Side lot lines measured at the midpoint of the building line; and B. Side lot lines at the ordinary high water level, if applicable. Ordinance No. Page 6 of 31 Deleted: auditors plot _ Deleted: separated from other parcels or portions by said description for the purpose of sale, lease, or separation 27 Metallic minerals and peat. "Metallic minerals and peat' has the meaning given under Minnesota Statutes, Sections 93.44 to 93.51. (28)—Nonconformity. Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments to those controls that would not have been permitted to become established under the terms of the official controls as now written. 2( 9) Ordinary high water level OHWL . The boundary of public waters and wetlands. For lakes and wetlands, the OHWLshall be an elevation determined by the Minnesota DNR or a wetland Deleted: , and delineation that complies with Minnesota Rules 8420. If the DNR has not determined an elevation, Deleted: it 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 watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 3( 9) Planned unit development. All developments having two or more uses on a single parcel of land,, —1 Deleted: A type ofdevelopment characterized by and may include townhomes, multi -use structures, recreational uses, mixed residential and Deleted: a unified site design commercial -type developments, commercial- type developments and industrial -type developments. Deleted: for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving 3( 1) Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a. clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. 32 Residential planned unit development. A use where the nature of residency is nonThese developments may be organized and operated astransient and condominiums, time-share condominiums, cooperatives, full fee the major or primary focus of the development is not service-oriented. For example, residential ownership, commercial enterprises, or any combination ofthese, or apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and cluster subdivisions dwening units, residential condominiums, townhouses, apartmennt buildings, dwelling grounds, recreational full fee ownership residences would be considered as residential planned unit developments. To vehicle parks, resorts, hotels, motels, and conversions of structures qualify as a residential planned unit development, a development must contain at least five dwelling and land uses to these uses. units or sites. 33 Resort. Any structure or group of structures containing more than two (?) dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary pWose of said structure or structures being recreational in nature. Ordinance No. Page 7 of 31 Lot Vvpdth 4K- �'�1{N Now,. y � 'r`.1— 7--- .6 C De N &01-0 fid ft iiq'�J'� 101 K�dG� Y 27 Metallic minerals and peat. "Metallic minerals and peat' has the meaning given under Minnesota Statutes, Sections 93.44 to 93.51. (28)—Nonconformity. Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments to those controls that would not have been permitted to become established under the terms of the official controls as now written. 2( 9) Ordinary high water level OHWL . The boundary of public waters and wetlands. For lakes and wetlands, the OHWLshall be an elevation determined by the Minnesota DNR or a wetland Deleted: , and delineation that complies with Minnesota Rules 8420. If the DNR has not determined an elevation, Deleted: it 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 watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 3( 9) Planned unit development. All developments having two or more uses on a single parcel of land,, —1 Deleted: A type ofdevelopment characterized by and may include townhomes, multi -use structures, recreational uses, mixed residential and Deleted: a unified site design commercial -type developments, commercial- type developments and industrial -type developments. Deleted: for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving 3( 1) Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a. clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. 32 Residential planned unit development. A use where the nature of residency is nonThese developments may be organized and operated astransient and condominiums, time-share condominiums, cooperatives, full fee the major or primary focus of the development is not service-oriented. For example, residential ownership, commercial enterprises, or any combination ofthese, or apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and cluster subdivisions dwening units, residential condominiums, townhouses, apartmennt buildings, dwelling grounds, recreational full fee ownership residences would be considered as residential planned unit developments. To vehicle parks, resorts, hotels, motels, and conversions of structures qualify as a residential planned unit development, a development must contain at least five dwelling and land uses to these uses. units or sites. 33 Resort. Any structure or group of structures containing more than two (?) dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary pWose of said structure or structures being recreational in nature. Ordinance No. Page 7 of 31 Uses may include argrocery for guests only, fish cleaning house, marine service, boat landing and renal, recreational area and equipment and similar uses normally associated with a resort operation, or as defined_ in Minnesota Statute, Section 103F.227. Deleted: "Resort" has the meaning Deleted: Minnesota Statute, Section 103F.227 3( 4) Semipublic use. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 3( 5) Setback. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. Distances are to be measured perpendicularly from the property line to the portion of the structure closest to the property line. 3( 6) Sewage treatment system. "Sewage treatment system" has the meaning given under Minnesota Rules, part 7080.1100, Subp. 82. 37 Sewer system. Pipelines or conduits, pumping stations, Prcce main, and all other construction, Deleted: and devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 38 Shore impact zone. Land located between the ordinary high water level of a public water and aline parallel to it at a setback of 50 percent of the structur mpac1 FWM F i KAR al muraFa � mWrr+l '-----------' ' OAft e setback. 39 horeland. "Shoreland" means land located within the following distances from public waters: Deleted: A. 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and B. 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. Ordinance No. Page 8 of 31 Definition of Shorelarid ix�o�SaY� - Shcrelwd r i U00 n . COWL Ordinance No. Page 9 of 31 4( O) ,Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps ,.. Deleted: ¶ and other water recreation facilities. 41 Significant historic site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National 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 Minnesota Statutes, Section 307.08. A 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. All unplatted cemeteries are automatically considered to be significant historic sites. 4( 2) Steep slope. Lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs. 4( 3) Structure. Anything constructed or erected on the ground or attached to the ground or on-site utiltiies, including but not limited t decks factories, sheds, detached garages, cabins, recreational Deleted: building or appurtenance, including vehicles not meeting the exemption criteria in the Scandia Development Code, and similar items. Used interchangeably with "building" for the pumoses of this ordinance. Deleted: except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other 4( 4) Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit supporting facilities. developments, or the process of dividing land into two or more parcels for the purpose of transfer of ownership, building, development, or tax assessment purposes by platting, replatting, registered land survey, conveyance, sale, contract for sale or other means by which a beneficial interest in land is transferred -- Deleted:. 4( 5) Suitability analysis. An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near -shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land. 4( 6) Variance. "Variance" means the same as that defined in Minnesota Statutes Section 462.357 Subd. 6(2). 4( 7) Water -oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not water -oriented accessory structures. Deleted: a 4( 8) Water -dependent use. The use of land for commercial, industrial, public or semi-public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants with transient docking facilities are examples of commercial uses typically found in shoreland areas. 4( 9) Wetland. "Wetland" has the meaning given under Minnesota Rules, part 8420.0111. Ordinance No. Page 10 of 31 3.0 ADMINISTRATION 3.1 Administration. The purpose of this Section is to identify administrative provisions to ensure the ordinance is administered consistent with its purpose. Administration of this Chapter, including issuance of variances, shall be in accordance with Chapter One of the City of Scandia Development Code. 3.2 Permits. 3.21 A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 8.3 of this ordinance. Application materials. Application for permits and other zoning applications such as variances shall be made to the City of Scandia on the forms provided. The application shall include the necessary information so that the City can evaluate how the application complies with the provisions of this ordinance. Deleted: 3.22 A certificate of compliance, consistent witb Minnesota Rules Chapter 7082.0700 Subs, is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.¶ 3.4 Variances. Variances may only be granted in accordance with Minnesota Statutes Section 462.357 and Chapter One, Section 6 of the Scandia Development Code, Deleted: and are subject to the following: Conditional Uses. All conditional uses in the shoreland area are subject to a the waterbody and the topographic, vegetation, and soil conditions to ensure: The prevention of soil erosion or other after construction; The visibility of structures and other facilities as viewed i There is adequate water suDDly and on-site •ough evaluation of both durine and lublic waters is limited and 3,554 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. �\ 3.6 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: 3.61 Increased setbacks from the ordinary high water level. 3.62 Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. Deleted: 3.51 . A variance may not circumvent the general purposes and intent of this ordinance; and¶ 3.52 For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.¶ Deleted: 6 Deleted: 6 Deleted: 6 Deleted: or Deleted: 6 Deleted: 6 3.63 Special provision for the location, design, and use of structures, sewage treatment system, watercraft launching and docking areas, and vehicle parking areas. Deleted: T Ordinance No. Page 11 of 31 Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to Minnesota Statutes 462.357 Subd. le and its successor statutes, and Chapter One, Section 13 of the Scandia Development Code, including the followin provisions for nonconformities in Shoreland areas: A. A non -conforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) All structure and septic system setback distance requirements can be met; and (2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080 and Washington County Ordinance 196, can be installed, or the lot is connected to a public sewer; and (3) The impervious surface coverage does not exceed 25 percent of the lot; and B. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lot must be at least 66 percent of the dimensional standard for lot width and lot sizes for the shoreland classification; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, and Washington County Ordinance 196; (3) Impervious coverage must not exceed 25 percent of each lot; and (4) Development of the lot must be consistent with the adopted Comprehensive Plan. C. A lot subject to paragraph A above and not meeting the requirements of paragraph B must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. D. Nothwithstandine naragranh C. contieuous nonconformine lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership, and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minnesota Rules, Chapter 7080 and Washington County Ordinance 196, or connected to a public sewer. Deleted: 3.72 In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf -on vegetation shall be attached to permits.¶ Deleted: 8 Deleted: 8 Deleted: for alterations and additions; repair after damage; discontinuance of use; and intensification of use (Deleted:. E. A portion of a conforminglot may be separated form an existing parcel as longas s the remainder of the existing parel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel_ Deleted: Ordinance No. Page 12 of 31 3_72 All additions or expansions to the outside dimensions of an existing nonconforming structure Deleted: s must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from these requirements must be authorized by a variance. 38 Notifications to the Department of Natural Resources. Deleted: 9 381 All notices of public hearings to consider variances, ordinance amendments, or conditional Deleted: 9 uses under shoreland management controls must be sent to the commissioner or the commissioner's designated representative at least thirty days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 382 All approved ordinance amendments and subdivisions/plats and final decisions approving Deleted: 9 variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3,83 Any request to change the shoreland management classification of public waters within the Deleted: 9 City must be sent to the commissioner or the commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp.4. 3,$4 Any request to reduce the boundaries of shorelands of public waters within the City must be Deleted: 9 sent to the commissioner or the commissioner's designated representative for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. 3.9Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules, Deleted: to Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a. 4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES 4.1 Shoreland Classification System. 4.11 Purpose. To ensure that shoreland development on the public waters of the City of Scandia is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300. 4.12 The shoreland area for the waterbodies listed in Sections 4.13 to 4.15 are defined in Section 2.550 and are shown on the Official Zoning Map. 4.13 Lakes are classified as follows: Lake ClassiFcation DNR Public Waters I.D. # Recreational Development Big Marine 52 Bone 54 Ordinance No. Page 13 of 31 Keewahtin 80 Natural Environment Sea 53 Nielson (Nielsen) 55 Unnamed (German) 56 Unnamed 57 Wo'towicz Pond 58 Goose 59 Unnamed 60 Unnamed 61 Unnamed 62 Fish 64 Hay 65 Unnamed 66 Sand 67 Long 68 Rasmussen Pond 70 White Rock 72 Clear 78 Elwell 79 Unnamed 165 4.14 Rivers and Streams are classified as follows: River and Stream Classification Legal Description Tributary Falls Creek Sections 1, 6, 7 and 12, T32N R20 W Crystal Springs Sections 7 and 18, T32N R19W Gilbertson Section 19, T32N R 19W Unnamed creek Section 6, T32N, R19W Wild and Scenic Rivers St. Croix River The 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. 82-1P 4.15 All public rivers and streams shown on the Public Waters Inventory Map for Washington County, a copy of which is adopted by reference, not given a classification in Section 4.14 shall be considered "Tributary." 4.2 Land Uses. 4.21 Purpose. To identify land uses that are compatible with the protection and preservation of shoreline resources in order to conserve the economic and environmental values of shoreland and sustain water quality. 4.22 Shoreland district land uses listed in Sections 4.23 and 4.24 are regulated as: A. Permitted uses (P). These uses are allowed, provided all standards in this ordinance are followed; Ordinance No. Page 14 of 31 B. _Conditional uses (C). These uses are allowed through a conditional use permit. The use must be evaluated according to the criteria in Section 3.6 of this ordinance and any additional conditions listed in this ordinance; and C. Not permitted uses (N). These uses are prohibited. D. Administrative Permit (AP). These uses are permitted with an Administrative Permit. The use must be evaluated according to the criteria in Chapter 2 of the Scandia Development Code. E. Planned Unit Development (PUD). These uses are permitted with approval of an Planned Unit Development. The use must be evaluated according to the criteria in Chapter 2 Section 7 of the Scandia Development Code. 4.23 Land uses for lake classifications: Land Uses Recreational Develop ment Natural Environ ment Residential Single-family residential P P Duplex -,residential Triplex and quad residential N N Residential PUD C/PUD t:/PUD Open Space Conservation subdivision PUD PUD Commercial Public and Utilities Bed and breakfast C C Commercial N N Commercial UD J-11 J-11 Essential services P P Museums CUP CUP Parks & historic sites Public, semipublic ca ca Place of worship C C Industrial Water -dependent commercial — when included in a residential PUD C C Resource -Dependent Agricultural: cropland and pasture P P Agricultural feedlots - ew N N Agricultural feedlots - x ansion or resumption of existing Forest management P P Forestland conversion Extractive use Mining of metallic minerals and peat Accessory Uses Accessory dwclling unit (accessory to a Single -Family Residential use AP AP Accessory solar energy systems P/CUP P/CUP Home occu ations(accessory to a single-family residential use P P Other accessory uses as Permitted by the underl in zonin district P/CUP P/CUP Ordinance No. Page 15 of 31 Deleted: , triplex, quad \' Deleted: P Deleted: C Deleted: Water -dependent commercial - As accessory to a residential planned unit development Deleted: PUD - Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites \\\\ may be allowed as a permitted use provided the provisions of �\ Section 10.0 of this ordinance are satisfied. t� Deleted: C X Deleted: C Deleted: C Deleted: C l ` Deleted: P Deleted: C ` Deleted: C t Deleted: N \ Deleted: N Deleted: E Deleted: C Deleted: C Deleted: C Deleted: C Deleted: C Deleted: P Deleted: P 4.24 Land uses for river and stream classifications:, -- Deleted: A. All lands within the shoreland of the St. Crox River shall be governed by the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5. B. Tributary Streams. All lands abutting tributary streams identified in Table 4.14 of 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. .� Deleted: ? 5.0 SPECIAL LAND USE PROVISIONS Deleted: Land Uses 5.1 Commercial, Public, and Semipublic Use Standards., Deleted: Industrial, Deleted: (these are in the current Shoreland ordinance 5.11 Water -dependent uses maybe located on parcels or lots with frontage on public waters provided that: A. The use is accessory to a Residential PUD and complies with provisions of Section 7.0; B. The use is designed to incorporate topographic and vegetative screening of parking areas and structures; C. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and D. Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that: (1) Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the county sheriff, and (2) Signs placed within the shore impact zone are: (a) No higher than ten feet above the ground, and no greater than 32 square feet in size; and (b) If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters; and (3) Other lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination across public waters. This does not preclude use of navigational lights. Use Standards. 5.21 Buffers. A. 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 Ordinance No. Page 16 of 31 Deleted: 5.12 This item would be new. Commercial, industrial, public, and semi-public uses that are not water -dependent must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions.¶ zones are maintained in perennial 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 Natural Resource Conservation Service, as provided by a qualified individual or agency. B. 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. 5.22 New animal feedlots are not allowed in shoreland. Standards. 5.31 The harvesting of timber and associated reforestation must be conducted consistent with the applicable provisions of the Sustaining Minnesota Forest Resources: Voluntary Site -Level Forest Management Guidelines for Landowners, Loggers and Resource Managers. 5.32 Intensive vegetation clearing for forest land conversion to another use is a conditional use subject to an erosion control and sedimentation plan developed and approved by the soil and water conservation district. Deleted: Modifications or expansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards:¶ Feedlots must be designed consistent with Minnesota Rules, Chanter 7020;¶ Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of 1,000 animal units or more; and,¶ Old feedlots not currently in operation may resume operation consistent with Minnesota Statutes, Section 116.0711. ¶ 5.4 Mining and Related Activities. Aggregate Mining and related activities are regulated by the Deleted: 5.4 Extractive use Standards. Extractive uses are Scandia Development Code, Chapter 4. conditional uses and must meet the following standards: 6.1 Purpose. To establish dimensional and performance standards that protect shoreland resources from impacts of development. 6.2 Lot Area and Width Standards. After the effective date of this ordinance, all new lots exce t outlots created as part of a subdivision) must meet the minimum lot area and lot width requirements in Sections 6.25 and 6.26, subject to the following standards: 6.21 Only lands above the ordinary high water level can be used to meet lot area and width standards; 6.22 Lot width standards must be met at both the ordinary high water level and at the building line; 6.23 The sewer lot area dimensions can only be used if publicly -owned sewer system service is available to the property. Parcels located where the City's 201 sewer systems are available may use the sewer lot area dimensions. Deleted: <#>5.41. Site Development and Restoration Plan. A site development and restoration plan must be developed, approved, and followed over the course of operation. The plan must: ¶ <#>Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations; ¶ <#>Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and ¶ <#>Clearly explain how the site will be rehabilitated after extractive activities end.¶ <#>5.42 Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs.¶ <#>5.5 . Metallic Mining Standards. Mining of metallic minerals and peat is a permitted use provided the provisions of Minnesota Statutes, Sections 93.44 to 93.5 1, are satisfied.¶ j.24 Residential subdivisions with dwelling unit densities exceeding those in Sections 6.25 and Deleted: The sewer lot area dimensions can only be used if 6.26 are allowed only if designed and approved as residential PUDs under Section 10.0 of publicly owned sewer system service is available to the property;q this ordinance. Ordinance No. Page 17 of 31 ,.- Deleted: ; and Cities PUD ordinance does not allow increase in density above District Densities in the Development Code. 6.25 Lake Minimum Lot Area and Width Standards: Recreational Development — No Sewer — Public Sewer Includes areas served by Scandia's 201 Scandia Current Scandia Current Riparian Nonriparian Lot Area (so Lot Width (ft) Lot Area (sf) Lot Width (ft) Lot Area Lot Width (ft) Single 40,000 150 40,000 150 2.5 acres 150 Duplex 80,000 225 80,000 265 NA NA Triplex 120,000 300 120,000 375 NA NA Quad 160,000 375 160,000 490 NA NA Natural Environment — No Sewer AL 245 NA NA Riparian Nonriparian Lot Area (so Lot Width (ft) Lot Area (so Lot Width (ft) Lot Area Lot Width Single 80,000 200 80,000 200 5 acres Goose Lake — 2.5 acres 300 feet Goose Lake — 150 feet Duplex 1 120,000 300 160,000 400 1 NA NA Triplex 1 160,000 400 240,000 600 NA NA Quad 200,000 1 500 320,000 800 NA NA Recreational Development Sewer S sLems — Public Sewer Includes areas served by Scandia's 201 Scandia Current Riparian Nonriparian Lot Area (sf) Lot Width (ft) Lot Area (st) Lot Width (ft) Lot Area Lot Width Single 20,000 75 15,000 75 2.5 acres 150 Du lex 35,000 135 26,000 135 NA NA Tri lex 50,000 195 38,000 190 NA NA Quad 65,000 255 49,000 245 NA NA 6.26 River/Stream Minimum Lot Width Standards. All lots within the Shoreland Overlay Districts Deleted: There are no minimum lot area requirements for rivers of tributary streams shall meet the density and lot size standards of the underlying zoning and streams. The lot width standards in feet are: districts. 6.3 Special Residential Lot Provisions. 6.31 Accessory Dwelling Units are permitted as accessory uses and shall be standards in the Scandia Development Code, Chapter 2. A. A detached accessory dwelling unit must be located i reduce its visibility as viewed from public waters and adjacent shorelan4by v topography, increased setbacks or color, assuming summer leaf -on conditions. Deleted: ¶ Tributary Streams—Underlying zoning district standards apply the — See Scandia Development Code, Chapter 2 Deleted: s the /"� Deleted: One guest cottage maybe allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in d to Sections 6.25 and 6.26, provided the following standards are met:¶ For lots exceeding the minimum lot dimensions of duplex lots, the egetatlon, , guest cottage must be located within an area equal to the smallest duplex -sized lot that could be created including the principal dwelling unit;¶ \\ k\ A guest cottage must not cover more than 700 square feet of land \\ \\ surface and must not exceed 15 feet in height; and¶ k A guest cottage Deleted: or Deleted: s Ordinance No. Page 18 of 31 6.32 Controlled access lots are permissible if created as part of a subdivision and in compliance with the following standards: A. _The lot must meet the area and width requirements for residential lots, and be suitable for the intended uses of controlled access lots as provided in item D; B. _If docking, mooring, or over -water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by a percentage of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Fro ntage Requirements Ratio of lake size to shore length (acres/mile) Required percent increase in frontage Less than 100 25% 100-200 20% 201-300 15% 301-400 10% Greater than 400 5% C. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and D. Covenants or other equally effective legal instruments must be developed that: (1) Specify which lot owners have authority to use the access lot; (2) Identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking; (3) Limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water; (4) Require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations; and (5) Require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf -on conditions. E. Any individual lot or lots which do not contain a seasonal or permanent home may have one (1) dock with the capacity to accommodate up to three (3) watercraft. No other temporary or permanent structures or recreational vehicles are allowed. Ordinance No. Page 19 of 31 6.4 Placement, Height, and Design of Structures. 6.41 Placement of Structures and Sewage Treatment Systems on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following provisions: A. OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet the following setbacks from the Ordinary High Water Level (OHWL): Classification Structure Setback Sewage Treatment System Setback Lakes 100 100 Natural Environment 150 (200 Scandia current)150 75 Recreational Development 100 75 Manage 3 Wetland classification 50 75 Rivers and Streams 100 100 Tributary 100 (200 Scandia current) 75 (150 Scandia current and County) B. Wetland Setbacks. Structures, imnervious, surfaces, and sewage treatment systems must meet the following setbacks from the delineated boundaries of wetlands (defined in Minnesota Rules 8420.0111), and based on the wetland classifications as defined in the current rules of the Comfort Lake -Forest Lake Watershed District, Carnelian- Marine-St.Croix Watershed Districtm and Rice Creek Watershed District: AajtLAqLdy Structure Setback Re uirement Sewage Treatment S stem Setback Preserve Wetland classification 100 100 Manage 1 Wetland classification 75 75 Manage 2 Wetland classification 50 75 Manage 3 Wetland classification 50 75 Lake or wetland is a groundwater- 100 100 dMendent resource If a stream is a groundwater- 150 150 dep dent resource (1) Setbacks shall not be required for wetlands that are less than 400 square feet in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if approved by the City and if the wetland is isolated and determined to have no direct surficial connection to a public water. (2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100 square feet, or on up to 5% of the structure setback area, whichever isegr. ater. (3) Wetland setbacks shall not be required for water bodies exempted from wetland replacement requirements in Minnesota Rules 8420.0420, including public drainage systems, wetlands restored or created for conservation purposes, and wetlands impacts due to utility projects. Ordinance No. Page 20 of 31 C ---,Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification: `\ Setback from: Setback (feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state, or county highway 50 Right-of-way line of town road, public street, or other roads not classified 20 .Bluff Impact Zones. Structures, impervious surfaces, and accessory f stairways and landings, must not be placed within bluff impact zones. 6.42 Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed thirty-five feet (35 1 in height. _ 6.43 Lowest Floor Elevation. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood -proofed must be determined as follows: A. For lakes, by placing the lowest floor at a level at least three feet_M above the highest known water level, or three feet above the ordinary high water level, whichever is higher; B. For rivers and streams, by placing the lowest floor at least three feet Mabove the highest known flood elevation. If data are not available, by placing the lowest floor at least three feet Q) above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and C. If the structure is flood=proofed instead of elevated under items A and B above, then it must be flood=proofed in accordance with Minnesota Rules, part 6120.5900 Subp. 3. 1-awest Floor F-levatipn 3 it M21wo CHWL orriy*mlkX m ' �] � tndm' rhMl C�mt ur nywl Lowest Moor y,B* e19`,'81c Ordinance No. Page 21 of 31 Deleted: OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet the following setbacks from the Ordinary High Water Level (OHWL), except that one water - oriented accessory structure or facility, designed in accordance with Section 7.3 of this ordinance, maybe set back a minimum distance often (10) feet from the OHWL: Deleted: Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located - a shore impact zone or in a bluff impact zone; $h414�A14 94ibiCtC �4'/WG�1� Ewm I ,,,„.,I , ru..q 1 err. %xche7 #IaM K* +a Setbacks of decks. (This section is the same in the current Shoreland Ordinance.) ¶ Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are met: I The structure existed on the date the structure setbacks were established;¶ 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;¶ 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 is no closer than 30 feet from the OHWL, whichever is more restrictive; and ¶ Deleted: Unclassified waterbodies (all jurisdictional wetlands as defined in the Minnesota Wetland Conservation Act, Minnesota Rules Chapter 8420) Deleted: E Deleted: 2 Deleted: 5 Deleted: Current Scandia Shoreland Ordinance requirement and Development Code requirement is 35 feet. 6.44 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. 6.5 Water Supply and Sewage Treatment. 6.51 Water sunuly. 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. 6.52 Sewage treatment. Any premises used for human occupancy must comply with Minnesota Rules, Chapters 7080 — 7081 and the Washington County Development Code, Chapters 4 and 8, Subsurface Sewage Treatment Systems and 201 Systems. 7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES 7.1 Placement and Design of Roads, Driveways, and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters and comply with the following standards: 7.11 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts; 7.12 Watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the imperious cover and erosion control conditions of this Deleted: vegetative screening and subpart are met; 7.13 Private facilities must comply with the grading and filling provisions of Section 8.3 of this ordinance; and 7.14 For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. 7.2 Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings must meet the following design requirements: 7.21 Stairways and lifts must not exceed four feet -(4) }n width on residential lots. Wider stairways Deleted: reel may be used for commercial properties, public recreational uses, and planned unit developments; 7.22 Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public -space recreational uses, and planned unit developments; 7.23 The area of stairways, lifts, and landings shall be included in the calculation of lot coverage and maximum area of coverage ermitted by this ordinance. Ordinance No. Page 22 of 31 7.24 Canopies or roofs are not allowed on stairways, lifts, or landings; 7.2,E Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, Deleted: 4 or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 7.2,¢ Stairways, lifts, and landings must be located in the most visually inconspicuous portions of Deleted: 5 lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and 7.2,7 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also Deleted: 6 allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341. VEGETATION AND LAND ALTERATIONS 8.1 Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat. 8.2 Vegetation Management. 8.21 Removal or alteration of vegetation must comply with the provisions of this subsection except for: A. Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities; B. The construction of public roads and parking areas if consistent with Section 7.1 of this ordinance; C. Forest management uses consistent with Section 5.3 of this ordinance; and D. Agricultural uses consistent with Section 5.2 of this ordinance. 8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest management standards in Section 5.3 of this ordinance. 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water -oriented accessory structures or facilities, provided that: A. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; B. Existing shading of water surfaces along rivers is preserved; C. Cutting debris or slash shall be scattered and not mounded on the ground; and D. Perennial ground cover is retained. Ordinance No. Page 23 of 31 Deleted: 7.3 Water -oriented Accessory Structures or Facilities. Each lot may have one water -oriented accessory structure or facility if it complies with the following provisions:¶ 7.31. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include patios or detached decks not exceeding eight feet above grade at any point;¶ 7.32 The structure or facility is not in the Bluff linpact Zone;¶ 7.33. The setback of the structure or facility from the ordinary high water level must be at least ten feet;T 7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; T 7.35. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions;¶ 7.36 The roof maybe used as an open-air deck with safety rails, but must not be enclosed or used as a storage area;¶ 7.37. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; T 7.38 As an alternative for general development and recreational development waterbodies, water -oriented accessory structures used solely for storage of watercraft and boating -related equipment may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the shoreline; andT 7.39. Water -oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is constructed of flood -resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind -driven waves and debris.¶ 8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit. 8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both. 8.3 Grading and Filling. 8.31 Grading and filling activities must comply with the provisions of this subsection and the Scandia Development Code, Chapter 2, Sections 3.6. 8.32 Permit Requirements. A. Grading, filling and excavations necessary for the construction of structures and sewage treatment systems, if part of an approved permit, do not require a separate grading and filling permit. However, the standards in Section 8.33 of this ordinance must be incorporated into the permit. B. For all other work, a grading and filling permit is required for: (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones (Current Shoreland ordinance requires "Grading or filling is prohibited within the bluff impact zone or shore impacts zone. Grading outside these areas shall require a grading permit."); and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. (This is the same as the Scandia Development Code standard for all areas of the City." 8.33 Grading, filling and excavation activities must meet the following standards: A. Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers; B. Qrading filling and excavation activities must be designed and implemented to minimize Deleted: Land alterations the amount of erosion and sediment from entering surface waters during and after construction consistently by: (The first five items below duplicate the City's Development Code requirements; the others are unique to shorelands.) (1) Not fill or excavated material in a manner that creates unstable slo Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; (2) Fill or excavated material must not be placed in bluff impact zones; (3) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 103G; (4) Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and Ordinance No. Page 24 of 31 Deleted: <#>Limiting the amount and time of bare ground exposure;¶ <#>Using temporary ground covers such as mulches or similar materials;¶ <#>Establishing permanent vegetation cover as soon as possible;¶ <#>Using sediment traps, vegetated buffer strips or other appropriate techniques;¶ <#>Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;¶ (5) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if: (a) the finished slope does not exceed three feet horizontal to one foot vertical; (b) the landward extent of the riprap is within ten feet of the ordinary high water level; and (Whe height of the riprap above the ordinary high water level does not exceed Deleted: <object> three feet. flipmp Guidelin s +ever I>W_- Vol wa gmrrrm0& in e6l�s OiNL st c 1:111 turlmrw tigsa�nP Mm f#9�4+. I I 14 rauridd!rr-Lw[x+ rr. u!� rm .rr. 8.34 Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with Minnesota Rules, Chapter 6115. 8.4 Stormwater Management. 8.41 General Standards: A. When possible, existing natural drainageways, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized as soon as possible and appropriate facilities or methods used to retain sediment on the site. C. When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. Ordinance No. Page 25 of 31 8.42 Specific Standards: A. Impervious surfaces of lots must not exceed 25 percent of the lot area. B. ,5tormwater management and design shall be in accord with the requirements of the Scandia Development Code Chapter 2, Section 3.7, Scandia's Engineering Standards, and the requirements of the local Watershed District. C. New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part 6115.0231. 9.0 SUBDIVISION/PLATTING PROVISIONS 9.1 Purpose. To ensure that new development minimizes impacts to shoreland resources and is safe and functional. 9.2 shall comply with the requirements of the Scandia Development Code, Chapter 3. 10.0 PLANNED UNIT DEVELOPMENTS I 10.1 Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses. 10.2 Types of Planned unit are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of Section 6.2 of this ordinance is allowed if the standards in this Section are met. 10.3 Processing of PUDs. Planned unit developments must be processed as a conditional use. )roval cannot occur until all applicable environmental reviews are com 10.4 Application for a PUD. The applicant for a PUD shall follow the process and requirements for a PUD in accord with Chapter 2, Section 7 of the Scandia Development Code, and must also submit the following documents prior to final action on the application request: 10.41 Site plan and/or plat showing: A. Locations of property boundaries; B. Surface water features; C. Existing and proposed structures and other facilities; D. Land alterations; E. Sewage treatment and water supply systems (where public systems will not be provided); F. Topographic contours at ten -foot intervals or less; and G. Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (if project combines commercial and residential elements). Ordinance No. Page 26 of 31 Deleted: When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable. Deleted: Land suitability Deleted: Each lot created through subdivision, including planned unit developments authorized under Section 10.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration A suitability analysis must be conducted for each proposed subdivision, including planned unit developments, to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Deleted: 9.3 Consistency with other controls. Subdivisions and each lot in a subdivision shall meet all official controls so that a variance is not needed later to use the lots for their intended purpose.¶ 9.4 Water and Sewer Design Standards. ¶ 9.41 A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080 — 7081 must be provided for every lot.¶ 9.42. Each lot must include at least two soil treatment and dispersal areas that support systems described in Minnesota Rules, parts 7080.2200 to 7080.223 or site conditions described in part 7081.0270, subparts 3 to 7, as applicable.$ 9.43 Lots that would require use of holding tanks are prohibited.¶ 9.5 Information requirements. ¶ 9.51 Topographic contours at ten -foot intervals or less from United States Geological Survey maps or more current sources, showing Smiting site characteristics;¶ 9.52. The surface water features required in Minnesota Statutes, section 505.021, Solid. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more current sources;$ 9.53 Adequate soils information to determine suitability for building and sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;¶ 9.54. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near -shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;¶ 9.55 Location of 100 -year flood plain areas and floodway districts from existing adopted maps or data; and¶ 9.56. A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.¶ 9.6 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.¶ 9.7 Platting. All subdivisions that cumulatively create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings or sews Deleted: P Deleted: An expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the oroiect densitv evaluation procedures in Section 10.5. 10.42 A property owners association agreement (for residential PUD's) with mandatory membership, and consistent with Section 10.6 of this ordinance. 10.43 Deed restrictions, covenants, permanent easements or other instruments that: A. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and B. Ensure the long -tern preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 10.6 of this ordinance. 10.44 A master plan/site plan describing the project, 10.45 Additional documents necessary to explain how the PUD will be designed and will function. 10.5 Density Determination. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures. 10.51 Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward: Classification Tier De th No Sewer (ft) Sewer (ft) Recreational Development Lakes 267 267 Natural Environment Lakes 400 320 All Rivers 300 300 _. Deleted: and showing floor plans for all commercial (not currently allowed in most districts around lakes) structures Deleted: General Development Lakes —1 st tier 10.52 ,Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier Deleted: by excluding all wetlands, bluffs, or land below the ordinary high water level of public 10.5 waters. A. For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width by the minimum single residential lot width. densities be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody. C. All PUDs with densities at or below the base density must meet the design standards in Section 10.6 Deleted: Deleted: <#>For commercial PUDs:¶ <#>Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation. ¶ <#>For dwelling units, determine the average inside living floor area of dwelling units in each tier:¶ <#>For average floor area less than 200 sf, use 200 sf¶ <#>For average floor area greater than 1,500 sf, use 1,500 sf.¶ <#>For dwelling sites (campgrounds), determine the area of each dwelling site as follows: ¶ <#>For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 sf.¶ <#>For recreational vehicles, campers or tents, use 400 sf ¶ <#>Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in Section10.53 B. 1.1 Inside Living Floor Area or Dwelling Site Area (sf) 10.54 Step 4. Determine if the Site can Accommodate Increased Density (the Development Code Deleted: q regulations for PUD's currently do not permit increased densities—density transfer Multiply the suitable area within each tier determined in Section 10.52 by the floor area or dwelling site area ratio to yield the total only is permitted): floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.¶ A. The following increases to the dwelling unit or dwelling site base densities Divide the total floor area or dwelling site area for each tier calculated in Section 10.53 B. 3 by the average inside living floor determined Section 10.53 are allowed if the design criteria in Section 10.6 of this area for dwelling units or dwelling site area determined in 10.53 B 1. ordinance are satisfied as well as the standards in Section 10.54, item B: This yields the allowable number of dwelling units or dwelling sites, or base density. for each tier.4 Ordinance No. Page 27 of 31 Shoreland Tier Maximum density increase within each tier (Pe cent) 15` 50 2nd 100 3m 200 4d' 200 5th 200 (A) B. Structure setbacks from the ordinary high water level: (1) Are increased to at least 50 percent greater than the minimum setback; or (2) The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback. 10.6 Design Criteria. All PUDs must meet the following design criteria. 10.61 General Design Standards. A. All residential planned unit developments must contain at least five dwelling units or sites. B. On-site water supply and sewage treatment systems must be centralized and meet the standards in Section 6.5 of this ordinance. Sewage treatment systems must meet the setback standards of Section 6.41, item A of this ordinance. C. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development. D. Dwelling units or dwelling sites must be designed and located to meet the dimensional standards in Sections 6.3 and 6.4: E. Shore recreation facilities: (1) Must be centralized and located in areas suitable for them based on a suitability analysis. (2) The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). (3) Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. F. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. Ordinance No. Page 28 of 31 G. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized. H. Water -oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 7.3 of this ordinance and are centralized. 10.62 Open Space Requirements. A. Open space must constitute at least 50 percent of the total project area and must include: (1) Areas with physical characteristics unsuitable for development in their natural state; (2) Areas containing significant historic sites or unplatted cemeteries; (3) Portions of the shore impact zone preserved in its natural or existing state as follows: (a) For existing residential PUD's, at least 50 percent of the shore impact zone (b) For new residential PUDs, at least 70 percent of the shore impact zone. Deleted: q For all commercial PUD's, at least 50 percent of the shore impact B. Open space may include: zone. (1) Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; and (2) Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems. C. Open space shall not include: (1) Dwelling units or sites and residential lots; road rights-of-way, or land covered by road surfaces; parking areas, or structures, except water -oriented accessory structures or facilities; and (2) Commercial facilities or uses. 10.63 Open Space Maintenance and Administration Requirements. A. Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means The instruments must prohibit: (1) Commercial uses (for residential PUD's); (2) Vegetation and topographic alterations other than routine maintenance; (3) Construction of additional buildings or storage of vehicles and other materials; and (4) Uncontrolled beaching of watercraft. Ordinance No. Page 29 of 31 Development organization and functioning. Unless an equally effective alternative community framework is established, all residential planned unit developments must use an owners association with the following features: (1) Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner; (2) Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or dwelling sites; (3) Assessments must be adjustable to accommodate changing conditions; and (4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 10.64 Erosion Control and Stormwater Management. A. Erosion control plans must be developed and must be consistent with the provisions of Section 8.3 of this ordinance, the Scandia Development Code Chapter 2, Section 3.6, and the requirements of the local Watershed District. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant. B. Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff, and to comply with the requirements of the Scandia Development Code Chapter 2, Section 3.7 and the requirements of the local Watershed District. Ordinance No. Page 30 of 31 Deleted: For commercial PUDs, impervious surfaces within any tier must not exceed 25 percent of the tier area, except that 35 percent impervious surface coverage maybe allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Section 8.0 of this ordinance.¶ -Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption Deleted: 10.7 Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to and publication according to law, residential PUDs if all of the following standards are met¶ 10.71. Proposed conversions must be evaluated using the same procedures for residential PUDs involving new construction. Inconsistencies between existing features of the development and these standards must be identified;¶ Passed and adopted by the City Council Of the City of Scandia this day of , 2.Ql 8. 10.72 Deficiencies involving water supply and sewage treatment, _ j structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as i specified in the conditional use permit;¶ 10.73. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:¶ Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;¶ Christine Maefslcy, Mayor Remedial measures to correct erosion, improve vegetative cover and ATTEST: improve screening of buildings and other facilities as viewed from the water; and¶ Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to Nell SOlt1S, Administrator/Clerkother locations, meeting all setback and elevation requirements when they are rebuilt or replaced. ¶ 10.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 10.5 of this ordinance may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.¶ $ I Deleted: 2017 Ordinance No. Page 31 of 31