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4.b 2 Draft Ordinance Shoreland Management Regulations
CITY 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 Chapter 5 of the Development Code of the City of Scandia shall be repealed and replaced with the new Chapter 5, Shoreland Management Regulations, as follows: SECTION 1.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. (Potential addition from current Shoreland ordinance: 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 waters, and potentially decreasing property, public, and natural resource values. It is the intent and purpose of these regulations to: (1) Designate suitable land use districts of reach 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, natural, and 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. Ordinance No. Page 1 of 37 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;. and to the sh,,.-ela ds of pu lie watef bodies greater - 10 eater ogttl,tiens as pfovided by Minnesota ct„4„to, Chapter- 462.357 Subd 1. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities of 25 ae fes i of4ed afeas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this 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 37 (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 €aeifi-tyuse. Any building „* that is la .. Boa on the same lot as pa stf+t .,we a -aa tha4 is subefdifia4e to a pfineipal ttseA structure or use on the same lot with, and of a nature customarilv incidental and subordinate to. the nrincinal 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 D. The slope must drain toward the waterbody. Bluff, Bluff Impact Zone, Top and Toe of Bluff Bluff impact zone -' , I I I I I I I I r so It 26 ft I I I I� 3611 � I $eftwk iforn top of bluff A � I SIOpO Top of bluff AND Upp&mo3150 It eegrtrent Toe of averagrg >18% bluff or OHWL '- I I I I Bluff a25 ft ti--- Water-----�-- Ordinance No. Page 3 of 37 (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. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (11) Community solar garden. A solar energy ystem that generates electricity y means of aground- mounted ori mounted or building integrated solar system and that is supplied to multiple community members or businesses residing or located off-site from the location of the solar energy ystem under the provisions of Minnesota Statutes 216B.1641 or successor statute. (x(12) 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. 04}(13) Commissioner. The commissioner of the Department of Natural Resources. {5)(14) Conditional use. eompr-ehensive !a-nd use plan of the eewA*unity, and the ase is eompatible with the existing ID neighbor-hood—.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, and upon a finding that certain conditions as detailed in the zoning orinance exist and that the structure and/or land use conform to the comprehensive land use plan and are compatible with the existing neighborhood. (-1-0(15) 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. (1-7)(16) 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. Ordinance No. Page 4 of 37 MIMMMM 04}(13) Commissioner. The commissioner of the Department of Natural Resources. {5)(14) Conditional use. eompr-ehensive !a-nd use plan of the eewA*unity, and the ase is eompatible with the existing ID neighbor-hood—.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, and upon a finding that certain conditions as detailed in the zoning orinance exist and that the structure and/or land use conform to the comprehensive land use plan and are compatible with the existing neighborhood. (-1-0(15) 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. (1-7)(16) 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. Ordinance No. Page 4 of 37 "(17L -Dwelling site. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. "LLDwelling unit. Any st..,,,.tffe or oftio of a st,-,,, ttffo , other shelter designed . s .� s,,e as mote' hotel,andfosoft an ,,abifi.,A residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used or intended for use exclusively as living Quarters for 1 family. (29)(19) 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. (24)(20) Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. (22)(21) Guest cottage. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. (22) Height of building. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. This definition may be adopted by the Develonment Code so that the definitions throughout the Code are consistent.) (23) 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 ; Wig -include rooftops; decks; sidewalks; patios; driveways; swimming pools; parking lots; storage areas; concrete, asphalt, or gravel dri�ve fttysroads;ap vers; and other similar surfaces. (24) Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. (25) Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Ordinance No. Page 5 of 37 Height of Building Average height of highest gable of pitched or hipped root !w I L - I1I a Height of a au 0 � o -0- 0-01 D building M,t taken from 1) Highest _ _ �l Ing ground level. M— Lo 10 h OR 2) 10 ft aWie Highest adjoining lowets1 acljovning ground ground level level, +aRllChover is lower. lrnvest adpin .rig ground level (23) 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 ; Wig -include rooftops; decks; sidewalks; patios; driveways; swimming pools; parking lots; storage areas; concrete, asphalt, or gravel dri�ve fttysroads;ap vers; and other similar surfaces. (24) Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. (25) Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Ordinance No. Page 5 of 37 (26) Lot. A parcel of land designated by plat, metes and bounds, registered land survey, auditers pletplat, 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 Trasurer or County Assessor to separate such parcel from other lands for tax purposeQsepai-7ate ffem other- pare, �r Pe by�� 1P the pttfp()so F 1 to �tteirry "C�t t36 .ro-er�icr�rc-cs�c� vi�cpaiucroxx. (27) 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. Lot Width Building line (structure setback) Midpoint X - - - - - X and Y must each be as long as the minimum lot width v QHAL Water B -.C. (28) Metallic minerals and peat. "Metallic minerals and peat" has the meaning given under Minnesota Statutes, Sections 93.44 to 93.51. (29) 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. (30) 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 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. (31) Planned unit development. All developments having two or more uses on a single parcel of land, and may include townhomes, multi- use structures, recreational uses, mixed residential and commercial -type devepoments, commercial- tlype developments and industrial -type developments. sites on a pafeel, whether- for- sale, feat, or- lease, and also ustially invelving eluster-ing of these tinits or- sites to pr-evide areas of eemmen open spaee, density iner-eases, a -ad a mix of stmetur-e type land uses. These developments may be or-ga-mized and oper-ated as eendeminiums, time shafe Ordinance No. Page 6 of 37 st..,,etufes and lana uses to these uses. (32) Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a. (33) Residential planned unit development. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites. (34) Resort. Any structure or group of structures containing more than 2 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 purpose of said structure or structures being recreational in nature. Uses may include arg ocery 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"ReseW' has the meaning in r i eset Statute, Seetion ' 3F 2,17Minnesota Statute, Section 103F.227. (35) 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. (36) 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 to the portion of the structure closest to the property line. (37) Sewage treatment system. "Sewage treatment system" has the meaning given under Minnesota Rules, part 7080.1100, Subp. 82. (38) Sewer system. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Ordinance No. Page 7 of 37 (39) 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 structure setback. Shore Impact Zone Structure Structure setback Shore -- - - impact zone (50% of structure setback) OHWL Water (40) Shoreland. "Shoreland" means land located within the following distances from public waters: 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. (41) Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities. (42) 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 Ordinance No. Page 8 of 37 Definition of Shoreland � 300 ft U��ignatEzrl �'_ ii7lei roodplain 1 Shoreland j � \ r \ 1 f,(X n 1 4 ©HWL Lake 1 1 1 t (41) Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities. (42) 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 Ordinance No. Page 8 of 37 Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. (43) Solar farm. A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, for the principal purpose of wholesale sales of generated energy. (43-)(44) Steep slope. Lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs. (44)(45) Structure. Anything constructed or erected on the ground or attached to the ground or on-site utiltiies, including but not limited to, building or appurtenance, including decks,factories, sheds. detached uarages. cabins. recreational vehicles not meetinu the exemntion criteria in the Scandia Development Code, and similar items. Used interchangeably with "building" in the Development Code. , (45)(46) Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit 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, rgplatting, registered land survey, conveyance, sale, contract for sale or other means by which a beneficial interest in land is transferred.. (46)(47) 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. (40(48) Variance. "Variance" means the same as that defined in Minnesota Statutes Section 462.357 Subd. 6 (2). (48-)(49) 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 a water -oriented accessory structures. (494(50) 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. {8}(51) Wetland. "Wetland" has the meaning given under Minnesota Rules, part 8420.0111. 3.0 ADMINISTRATION Ordinance No. Page 9 of 37 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. 3.3 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. 3-5—Variances. Variances may only be granted in accordance with Minnesota Statutes Section 462.357 and Chapter One, Section 6 of the Scandia Development Code. and me `object to the folio i 3.51 A vafianee may not eir-ettmvent the general pur-poses and intent of this Or-diflaflee; afid- _ srssrss�:e�ee� M11 I 'l -M .• . .� MW MINIM 4 ew. WT 3.65 Conditional Uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure: 3.61 The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 3.62 The visibility of structures and other facilities as viewed form public waters is limited; 3.63 There is adequate water supply and on-site sewage treatment; and 3.64 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. Ordinance No. Page 10 of 37 sass 3-5—Variances. Variances may only be granted in accordance with Minnesota Statutes Section 462.357 and Chapter One, Section 6 of the Scandia Development Code. and me `object to the folio i 3.51 A vafianee may not eir-ettmvent the general pur-poses and intent of this Or-diflaflee; afid- _ srssrss�:e�ee� M11 I 'l -M .• . .� MW MINIM 4 ew. WT 3.65 Conditional Uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure: 3.61 The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 3.62 The visibility of structures and other facilities as viewed form public waters is limited; 3.63 There is adequate water supply and on-site sewage treatment; and 3.64 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. Ordinance No. Page 10 of 37 3.6 Conditions Attached to Conditional Use Permits. (added from current Shoreland ordinance). 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: 3.71 Increased setbacks from the ordinary high water level. 3.72 Limitations on the natural vehetation to be removed or the requirement that additional vegetation be planted. 3.73 Special provision for the location, design, and use of structures, sewage treatment system, watercraft launching and docking areas, and vehicle parkin areas. reas. 3.7 Mitigation-. 3.7i 1H e-Valt,.,ti flg all Vafiafle@S, E6iiitiOfi l , �� .' '"•-a.•^`l�:l�gp applications, the zoning authefity shall f —.y Wfier- too address, wh appr pfiate, the following eenditions, when felated to and pr-opoftional to the impact, nto st. Advanced ed st,.,-,,, . .,tef Red0 ,- off management 0-� t -e tfnept• r.-,.,.-easi,- g setbacks Rester -.,tion of wetlands; F«em the .,.-.];nafy high . ,.,to.- lew, , Limiting ting get.,ti vegetation r .,1 .,,n.1/ vegetation geo Festo-on; � Pr-ovisions for- the leeation, design, and tise of stpdeteres, sewage treatment systems, water- supply systems, Other- , nd tiOns the water-er-aft zoning launehing „ti o -;ty and deems „ doe -king areas, and pafking afeas,-4nd Ordinance No. Page 11 of 37 3.72 in evaltiating plans to eenstndet sewage lfea4mefit systems, feads, dr-iveways, sti=aafffes, of other- impFovefnents on steep slopes, conditions to prevent erosion and to prese vegetation SOFeening of sh-detufes, vehicles, and otheF faeilities as viewed from the • 3.8 Nonconformities. 3.81 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 Chapter One, Section 13 of the Scandia Development Code f r alterations and additions; r-epaiF after damage; discontinuance of and i tensifieation of use. 3.82 All additions or expansions to the outside dimensions of an existing nonconforming structure 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. 3.9 Notifications to the Department of Natural Resources. 3.91 All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner's designated representative at least thirty days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3.92 All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten 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. 3.93 Any request to change the shoreland management classification of public waters within the 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. 3.94 Any request to reduce the boundaries of shorelands of public waters within the City must be sent to the commissioner or the commissioner's designated representative for approval and must include a resolution and supporting data The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. 3.10 Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a. 4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES 4.1 Shoreland Classification System. Ordinance No. Page 12 of 37 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 Classification DNR Public Waters I.D. # Recreational Development Big Marine 52 Bone 54 SylvanKeewahtin 80 Natural Environment Sea 53 Nielson (Nielsen) 55 Unnamed (German) 56 Unnamed 57 Wojtowicz 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 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 Ordinance No. Page 13 of 37 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 All lands within shoreland areas of lakes in the City of Scandia shall be designated as Agricultural, Village, or Residential Land Use Districts. (From current Shoreland Ordinance,. added Agriculture.) 4.23 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; 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 Development Natural Environment Single-family residential P P Accessory partment (accessory to a single-family residential use) AP AP Home Occupation (accessory to a single-family residential use) AP AP Duplex, triplex, quad residential PIN EN Residential PUD C/PUD C/PUD Open Space Conservation Subdivision PUD PUD Water -dependent commercial - As accessory to a residential planned unit development C C Commercial PN EN Bed and Breakfast C C Commercial 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. EN EN Essential Services P P Museums P P Ordinance No. Page 14 of 37 Parks & historic sites EP EP Public, semipublic PIN GN Place of Worship C C Industrial GN NN Agricultural: cropland and pasture P P Agricultural feedlots - New N N Agricultural feedlots - Expansion or resumption of existing EN GN Forest management P P Forest land conversion GN GN Extractive use GN EN Mining of metallic minerals and peat PIN PN Solar Farms and Community Solar Gardens CUP N 4.24 Land uses for river and stream classifications: Current ordinance includes A and B 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 covered by this chapter shall be governed by the underlyingzoning oning district as it pertains to minimum lot size and permitted uses. Setback and lot width requirements shall be as contained in this chapter. Or could use the Table from Model Ordinance? Land Uses Tributary Single residential P Duplex, triplex, quad residential PN_ Residential PUD C/PUD Water -dependent commercial - As accessory to a residential planned unit development C/PUD Commercial P or C Commercial PUD - Limited expansion of a commercial PUDs 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. GN Parks & historic sites EP Public, semipublic P Industrial GP or C Agricultural: cropland and pasture P Agricultural feedlots - New N Agricultural feedlots - Expansion or resumption of existing GN Forest management P Forest land conversion GN Extractive use GN Mining of metallic minerals and peat RN Solar Farms and Community Solar Gardens N Ordinance No. Page 15 of 37 6110109_Vol /laKiel )awl D9 MTA 1113e ] 5.1 Commercial, Industrial, Public, and Semipublic Use Standards. (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 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. 5.12 This item would be new. C,,,,.mer-eia , indust44, 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. 5.2 Agriculture 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 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. Ordinance No. Page 16 of 37 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. 5.3 Forest Management 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. 5.4 5.4 Extractive Use Standards. Extfaetive uses are eenditional tises and mast meet the following standar-ds: Mining and Related Activities. Aggregate Mining and related activities are regulated by the Scandia Development Code, Chapter 4. 5.5 Solar Farms and Community Solar Gardens 5.51 Solar Farms and Community Solar Gardens are permitted as principal uses with a CUP within the Shoreland Zones of Recreational Development Lakes and Tributary Rivers. They are not permitted within the Shoreland Zones of Natural Environment Lakes. 5.52 Criteria for approval of a CUP for a Solar Farm or Community Solar Garden shall include the general criteria for approval of CUP's in Chapter 1, Section 8 of the Development Code; the standards for approval of Solar Farms and Gardens included in Chapter 2, Section 4 of the Development Code, and the following additional standards: A. The applicant for the solar farm or communi1y solar garden shall demonstrate that the development and operation of the solar garden shall have no negative impact on native prairies; lakes, rivers, and wetlands; state -listed endangered or threatened species; or other valuable resources important to the community. B. The site must have been previously cleared of natural vegetation to serve some other use and be in some other use for a significant period of time prior to the proposed development of the solar farm or community, s�garden. Intensive vegetation clearing is not nermitted to site solar facilities. (PC: DNR guidance is to identifv a snecific time eriod5 or 10 years? Ordinance No. Page 17 of 37 C. All structures and facilities must meet structure setbacks and no impervious surfaces shall be located within the shore impact zone. D. No structures and facilities shall be placed on slopes exceeding 12%. E. Runoff rate and volume from the site shall be no greater than if the site was covered with 25% impervious surface, based on a two-year storm event (about 2.8 inches of rainfall). F. All structures and facilities must be (100%) screened from view of public waters (at the completion of construction) of the facility, based on a maximum structure height of 15 feet and use of vegetation to provide screening of the structures and facilities. G. The solar farm or community solar garden shall utilize a native seed mix as the ground cover for the facility and native plantings for screening. H. The site shall utilize best management practices as required by the local water management organization and the City of managing erosion control. I. The site shall be designed to minimize impacts on habitat and wildlife movement, including the use of fencing for solar facilities recommended by the Minnesota DNR. ma. wwww Omni Ordinance No. Page 18 of 37 6.0 DIMENSIONAL AND GENERAL PERFORMANCE 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; 6.24 Residential subdivisions with dwelling unit densities exceeding those in Sections 6.25 and 6.26 are allowed only if designed and approved as residential PUDs under Section 10.0 of this ordinance; 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 Scandia Current Riparian Nonriparian Lot Area (sf) 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 Riparian Nonriparian Lot Area (sf) Lot Width (ft) Lot Area (sf) 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 120,000 300 160,000 400 NA NA Triplex 160,000 400 240,000 600 NA NA Quad 200,000 500 320,000 800 NA NA Ordinance No. Page 19 of 37 6.26 River/Stream Minimum Lot Width Standards. There are no minimum lot area requirements for rivers and streams. The lot width standards in feet are: Tributary Streams—Underlying zoning district standards apply – See Scandia Development Code, Chapter 2 6.3 Special Residential Lot Provisions. 6.31 Accessory Dwellings are permitted as accessory uses and shall be governed by the standards in the Scandia Development Code, Chapter 2. For- lots exeeeding the minimum lot dimensions of duplex be l0eated within an area e"al to the smallest duPI&E lots, the guest eettage must sized lot tha4 e0tild be created including the pr-ineipal dwelli–b Less than 100 A. _"_ guest eettageAn accessory dwelling must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf -on conditions. 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: Ordinance No. Page 20 of 37 (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 n glassification e Structures Sewage Treatment System Model Ord Scandia Lakes atural Environment 150 200 150 ecreational Development 100 100 75 Rivers and Streams Tributary 100 200 75 (150) ock with the capacity to accommodate up to three (3) watercraft. No other temporary or permanent structures or recreational vehicles are allowed. 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_), eft the I MORIN! Ordinance No. Page 21 of 37 Ordinance No. Page 21 of 37 Structure Setback Averaging trueutruckng ueueture straictt.tre IStructure setback - ---x- - - - -- ---- ---- - - - - - r /,pact X+ Y s 2 1-- ,pact zone, l 0+ML EB_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: (1) The structure existed on the date the structure setbacks were established; (2) 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; (3) 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 (4) I he deck is constructed primarily of wood, and is not rooted or Deck Encroachment screened. D. Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification: Ordinance No. Page 22 of 37 additions frk far pre existing structures may further encroach Existing prior to into the setback shoreland up to 30 ft toward oontrols the shore or - - 15% of the Structure L[ structure setback, setback peck or patio whichever is more _ Shore _ _ _ ` J impact zone OHWL Water screened. D. Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification: Ordinance No. Page 22 of 37 Setback from: Setback ft 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 Unclassified waterbodies (all jurisdictional wetlands as defined in the Minnesota Wetland Conservation Act, Minnesota Rules Chapter 8420) 75 E.Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except 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 25 feet in height. Current Scandia Shoreland Ordinance requirement and Development Code requirement is 35 feet. 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 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 above the highest known flood elevation. If data are not available, by placing the lowest floor at least three feet 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 floodproofed instead of elevated under items A and B above, then it must be floodproofed in accordance with Minnesota Rules, part 6120.5900 Subp. 3. Lowest Floor Elevation ®a oa fir^ 3 ft above OHW L o or highest known ;7 water level 0HWL or highest rw f�1 '4 known water level Lowest floor — Water elevation Ordinance No. Page 23 of 37 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 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. 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 vegetative screening and erosion control conditions of this 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 (4) feet in width on residential lots. Wider stairways 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 Canopies or roofs are not allowed on stairways, lifts, or landings; Ordinance No. Page 24 of 37 7.24 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; 7.25 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 7.26 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341. 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: (DISCUSSION: the DNR's intent is to permit one water -oriented accessory structure for shoreland parcels, and it does not need to comply with OHWL setbacks. Since the lake side is considered the front yard in the City's ordinance, and accessory structures are not permitted in front yards, should this section be eliminated, or are water -oriented structures an exception?) 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 Impact Zone; 7.33 The setback of the structure or facility from the ordinary high water level must be at least ten feet; 7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; 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 may be 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; 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; and 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 Ordinance No. Page 25 of 37 long duration flooding is anticipated, the structure is built to withstand ice action and wind - driven waves and debris. 8.0 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 26 of 37 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. Land alter- 4ien Grading filling and excavation activities must be designed and implemented to minimize 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 shorelando () Limiting the .-mount and time of b -e ground (2Using tEmp6rw=y gi-7oufid eayer-srsueh as o o; mulehes or- similar- ''}teriials; traps, ; (5) Stabilizing altered areas to aeeeptable erosion eepAr-el sta-ndai-7ds eonsistentA,44 Ordinance No. Page 27 of 37 (6)tallot placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; (7)QFill or excavated material must not be placed in bluff impact zones; (-&)(Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 103G; (-94(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 ("LL) 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 (c) the height of the riprap above the ordinary high water level does not exceed Riprap Guidelines Above OHWL: get local Below OHWL get DNR government unit permit permit or permission <3 ft i above ' - A OHWL- - - OHWL 4S0 it horizontal distance frons OHWIL water Fitler i 3 Finished slope below OHWL must be less than a 1:3 ratio three feet. 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 Ordinance No. Page 28 of 37 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. 8.42 Specific Standards: A. Impervious surfaces of lots must not exceed 25 percent of the lot area. B. , pr-ovided by a qualified individual that they are designed and installed e0fisistentwith the field offiee teehnical guide of the local soil and water- eanserwation distr-iet or- the Minnesota S*o..,,,.. ater- Manual, as pliea le.Stormwater 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. Ordinance No. Page 29 of 37 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 Land suitabilityRequirements. Eaeh Wt , eate th-atigh Stlbdi Viii ffl 4161HElifIg . laffi oa , flit foF the proposed ttse with minimal alteration A suitability analysis must be conducted for- e stfitable in its flatiir-al state f0f the Proposed t1se with Minimal alteration and whether- afly fea4tf the land is likely to be har-fnfal to the health, safety, or-welfar-e of ftttufe residents of the proposed subdivision of of the ,.,.r.,ri uni- � All subdivisions, lot consolidations, lot line adjustments, and nlattina shall combly shall combly with the reauirements of the Scandia Development Code. Chapter 3. 9.3 Consisteney with other controls. Subdivisions and eaeh lot in a subdivision shall mee all off4eial eafitr-els so that . iot needed WeF to use the lots for- theif intended pttr-p � �:�s:e!srssssz��:esir�as�:e��e�ecr.�:rersr�a�:�rrrrss 03 .. .. .. ... ... ....- ................. . . . - -- Ordinance No. Page 30 of 37 • • 10.0 PLANNED UNIT DEVELOPMENTS (PUDs) 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 PUDs Permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of 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. An expansion to am existing eeminer-eial PLIP 4volving 6 or- less new &,elliag ttflits or- sites sinee the date this or-dinanee was adopted is per-missibie as a peffflitted t1se pr-ovided the total pr-qj eet density does not eheeed the allowable densities ealettlated in the pr-oj eet dens45 . Approval cannot occur until all applicable environmental reviews are complete. 10.4 Application for a PUD. The applicant for a PUD shall follow the process and requirements for a PUD in accord with Chpater 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 Ordinance No. Page 31 of 37 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). 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-term 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 and showing floor plans for all commercial (not currently allowed in most districts around lakes) structures. 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 No Sewer Tier De th ft Sewer ft General Development Lakes — 1 st tier 200 200 General Development Lakes — all other tiers 267 200 Recreational Development Lakes 267 267 Natural Environment Lakes 400 320 All Rivers 300 300 10.52 Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. 10.53 Step 3. Determine Base Density: 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. B. For commercial PUDs: (1) 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. Ordinance No. Page 32 of 37 (a) 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. II. For average floor area greater than 1,500 sf, use 1,500 sf. (b) For dwelling sites (campgrounds), determine the area of each dwelling site as follows: I. For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 sf. II. For recreational vehicles, campers or tents, use 400 sf. (2) Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in Section 10.53 B. 1. Inside Floor Area/Dwelling Site Area Ratio Living Floor Area or Dwellin g Site Area (sl) General Development Lakes w/Sewer - all tiers General Development Lakes w/no sewer -1St tier Agricultural, Urban and Tributary Rivers General Development Lakes w/no sewer - all other tiers Recreational Development Lakes Forested and Transition Rivers Natural Environment Lakes Remote Rivers 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038 (3) 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 floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites. (4) 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 area for dwelling units or dwelling site area determined in 10.53 B 1. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier. Ordinance No. Page 33 of 37 C. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody. D. All PUDs with densities at or below the base density must meet the design standards in Section 10.6 10.54 Step 4. Determine if the Site can Accommodate Increased Density (the Development Code regulations for PUD's currently do not permit increased densities—density transfer only is permitted): A. The following increases to the dwelling unit or dwelling site base densities determined Section 10.53 are allowed if the design criteria in Section 10.6 of this ordinance are satisfied as well as the standards in Section 10.54, item B: Shoreland Tier Maximum density increase within each tier(percent) 1 St 50 2nd 100 3rd 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 Ordinance No. Page 34 of 37 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. 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 PVDs, at least 70 percent of the shore impact zone. (c) For all commercial PUD's, at least 50 percent of the shore impact zone. B. Open space may include: (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. Ordinance No. Page 35 of 37 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. B. 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. For commercial PUDs, impervious surfaces within any tier must not exceed 25 percent of the tier area, except that 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Section 8.0 of this ordinance. Ordinance No. Page 36 of 37 10.73 ShoFe and bluff impaet zone deficiencies must be evaluated and Feasonable vements made as paFt of th- These improvements must include, wheFe applicable, the fellowifig-.- Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this _ day of , 2017. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. Page 37 of 37 . .......... Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this _ day of , 2017. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. Page 37 of 37