Loading...
HomeMy WebLinkAbout2020-10-19 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, October 19, 2020 7:00 p.m. Held Remotely Via Conference Call Dial 1-888-788-0099 Meeting ID: 929 5287 3654 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. September 21, 2020 5. New Business a. New Member Orientation 6. Unfinished Business a. Mississippi River Corridor Critical Area Ordinance 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations (oral reports only) a. Fall Clean Up Campaign – Throughout the Month of October b. Shredding Event Summary – Held October 10 c. Environmental and Natural Resources Commission Communications Recap d. Update on Nature Center Task Force 10. Adjourn This page intentionally left blank. Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION MONDAY, September 21, 2020 7:00 P.M. (THIS MEETING WAS HELD REMOTELY VIA ZOOM AND CONFERENCE CALL) 1.CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:01 p.m. by Chairperson Miller. 2.ROLL CALL Keith Buttleman, Commissioner Absent Mollie Miller, ChairpersonPresent Candace Okeson, Vice ChairPresent Ann Palzer, CommissionerPresent Ted Redmond, CommissionerPresent at 7:03 p.m. Staff Present Shann Finwall, Environmental Planner Ann Hutchinson, Lead Naturalist Joe Sheeran, Communications Manager 3.APPROVAL OF AGENDA Commissioner Palzer moved to approve the agenda as submitted. Seconded by Commissioner Okeson. Ayes – All The motion passed. 4.APPROVAL OF MINUTES Commissioner Okeson moved to approve the August 17, 2020, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Palzer. Ayes – Miller, Okeson and Palzer Abstain – Redmond The motion passed. 5.NEW BUSINESS a.Resolution of Appreciation for Ann Hutchinson, Lead Naturalist Shann Finwall, Environmental Planner, presented the Resolution of Appreciation to the Commission. Ann Hutchinson, Lead Naturalist, discussed her 33 years with the City of Maplewood. Ann was the fifth naturalist to be hired by the City. She helped operate the Nature Center and September 21, 2020 1 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number1 of 57 coordinate the City’s environmental education. Ann thanked the Commissioners and all of the people that supported her and the Nature Center over the last 33 years. The Commission thanked Ann for her years of service to the Community and wished her well in her retirement. Commissioner Palzer moved to approve the Resolution of Appreciation for Ann Hutchinson, Lead Naturalist. Seconded by Commissioner Redmond. Ayes – All The motion passed. This will go before the City Council on September 28, 2020. b.Environmental and Natural Resources Commission Communications Joe Sheeran, Communications Manager, spoke to the Commission regarding different ways the Commission and the Communications Department can partner to share environmental topics and stories with Maplewood residents. Environmental Planner Finwall discussed the long term communications plan. Describing that the City will be rebranding the environmental newsletter Seasons now that the Naturalists who were the main authors of that newsletter have left the City. The question was posed to the Commission on how they could participate in the City’s environmental education moving forward? The Commission suggested several environmental education video opportunities. Environmental Planner Finwall stated that there would be follow up on next steps during the October meeting. c.Mississippi River Corridor Critical Area Ordinance Environmental Planner Finwall led a discussion regarding the Mississippi River Corridor Critical Area Ordinance. Maplewood will be notified soon that it is time to adopt new zoning standards consistent with the MRCCA rules. The intent of this agenda item is to ensure the Commission has all of the background material prior to the start of the ordinance updates. Staff will bring ordinance language before the Commission in October for further discussion. 6.UNFINISHED BUSINESS None. 7.VISITOR PRESENTATIONS None. 8.COMMISSION PRESENTATIONS None. September 21, 2020 2 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number2 of 57 9.STAFF PRESENTATIONS a.Fall Clean Up Campaign – Throughout the Month of October Environmental Planner Finwall spoke to the Commission about the city’s upcoming Fall Clean Up Campaign. Residents can schedule reduced priced curbside bulky item collection with the City’s contracted trash hauler, Republic Services, throughout the month of October. b.Shredding Event – October 10 Environmental Planner Finwall spoke to the Commission about the city’s upcoming Shredding Event. The event is part of the Fall Clean Up Campaign. Free to Maplewood residents. Held on Saturday, October 10 from 9 to noon. c.Update on Environmental and Natural Resources Commission Vacancies Environmental Planner Finwall gave an update on the progress of appointing additional members to the Environmental and Natural Resources Commission. The City Council will be conducting interviews to appoint the two vacant ENR Commission positions on September 28. d.Update on Nature Center Task Force Environmental Planner Finwall stated the City held the first Nature Center Task Force meeting on September 17. Commissioner Okeson is the Commission’s liaison on the Task Force. She stated that there was a lot of background and financial information shared at the first meeting. Many of the Task Force members expressed concern that they would not be able to accomplish the goals outlined by the City Council by December. The next Task Force meeting is scheduled for October 1. 10.ADJOURNMENT Chairperson Miller adjourned the meeting at 8:29 p.m. September 21, 2020 3 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number3 of 57 This page intentionally left blank. ENR Packet Page Number4 of 57 Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date October 19, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER:Shann Finwall, AICP, Environmental Planner AGENDA ITEM: New Member Orientation Action Requested: MotionDiscussionPublic Hearing Form of Action: ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: The new member orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources Commission for new members. Recommended Action: No action required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. New member orientation ensures that all Environmental and Natural Resources Commissioners have a full understanding of their role within the City of Maplewood. Background The City Council appointed Kayla Dosser and Stephen Todey to the Environmental and Natural Resources (ENR) Commission on October 12, 2020. Commissioner Dosser will be filling the vacancy left by Commissioner Gould, with a term ending September 30, 2021. Commissioner Todey will fill the vacancy left by Commissioner Sinn with a term ending September 30, 2023. Attachments 1.Environmental and Natural Resources Commission New Member Orientation ENR Packet Page Number5 of 57 Attachment 1 Environmental and Natural Resources New Member Orientation Date Revised: October 13, 2020 INTRODUCTION This orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources (ENR) Commission. It is intended to assist new commissioners and to update existing commissioners. ORIENTATION Origination of the ENR Commission In 2004 the Maplewood City Council created the Environmental Committee, formed as an ad-hoc committee responsible for advising the City Council and other commissions and boards on matters relevant to the environment. This includes such matters as recycling, solid waste, environmental education, water resources, wetlands, and storm water management. On September 11, 2006, the City Council adopted the committee as a full-fledged commission when it adopted the ENR Commission ordinance. ENR Commission Purpose/Objective The ENR Commission was formed to establish environmental priorities and to propose changes necessary to existing environmental ordinances which ensure that the city’s environmental assets are protected, preserved, and enhanced. Attached is a copy of the ENR Commission ordinance that explains in detail the ENR’s purpose/objective. ENR Commission Staff Liaison The Community Development Department provides staff liaisons and technical support for four of the City’s citizen advisory boards and commissions including the Environmental and Natural Resources Commission. Shann Finwall, Environmental Planner, is the staff liaison to the Commission. Contact information found below. Contact Information Following is list of staff contacts that serve as technical support to the Commission: Jeff Thompson, Community Development Director (651) 249-2310 jeff.thompson@maplewoodmn.gov Michael Martin, AICP, Assistant Com. Dev. Director (651) 249-2303 michael.martin@maplewoodmn.gov Shann Finwall, AICP, Environmental Planner (651) 249-2304 shann.finwall@maplewoodmn.gov Gina Kuchenmeister, Administrative Assistant (651) 249-2312 gina.kuchenmeister@maplewoodmn.gov 1 ENR Packet Page Number6 of 57 Agenda Packets City staff will prepare an ENR Commission agenda packet the week before the scheduled meeting. The packets contain an agenda, minutes from previous meetings, and staff reports for each agenda item. City staff mails the packets to the ENR Commissioner’s homes so they receive them the Friday before the meeting. Staff also sends an e-mail with the agenda attached and a link to the packet once complete, normally on the Thursday prior to the meeting. ENR Commissioner Responsibility Each commissioner should review the staff reports and visit the properties if applicable to form an opinion of the project and become familiar with the proposal or item before the meeting. Meetings Meeting Dates: The third Monday of each month. Starting Time: 7:00 p.m. Meeting Location: City Council chambers at Maplewood City Hall, 1830 E. County Road B Quorum: A simple majority of the current membership of the commissioners constitutes a quorum. Cancellations/ Staff will inform the ENR Commission of meeting cancellations. Meetings Rescheduling: are canceled when we cannot get a quorum or if there are no items to review. Officers: A chairperson and vice chairperson shall be elected by the Commission at the first ENR Commission in January of each year, and will serve until their successors have been elected. The current chair is Commissioner Miller and the current vice chairperson is Commissioner Okeson. City Council The chair or his/her representative will attend the City Council meetings Meetings: where ENR Commission items are on the agenda. The chair or his/her representative will present the Commission’s recommendations and answer questions from the City Council regarding the decision. If the chair is unavailable to attend the City Council meeting, the chair will appoint a representative from the Commission. Rules of Procedure On March 8, 2010 the City Council approved the ENR Commission Rules of Procedures. The Rules of Procedures compliment the Environmental and Natural Resources Commission Ordinance and guide the Commission in conducting meetings. 2 ENR Packet Page Number7 of 57 ENR Annual Report Each year the ENR Commission submits an annual report to the City Council. The annual report includes actions and activities for the previous year and updates our goals for the new year. Staff drafts the annual report for review by the ENR Commission at the end of the year. The report is then forwarded to the City Council for final approval. City Council/Advisory Commissions and Boards Attached is a contact list for the City Council and all City Commissions and Boards. Cablecast of ENR Commission Meetings The City of Maplewood cablecasts ENR Commission meetings. The meetings are aired live and replayed on Maplewood Television, Channel 16; and can also be viewed live and on demand on the City’s website at http://vod.maplewoodmn.gov/CablecastPublicSite/?channel=1. City Website . The website is a good The City of Maplewood has a website located at www.maplewoodmn.gov source of information. In addition to current city news and information, the website contains the city code of ordinances, information on upcoming ENR Commission meetings (including packets), and ENR meeting minutes. SUMMARY The City of Maplewood would like to welcome you as a new member of the ENR Commission. We look forward to working with you on ensuring the City’s environmental assets are protected, preserved, and enhanced. Attachments: 1. ENR Commission Ordinance 2. ENR Commission Rules of Procedure 3. City Council/Advisory Commission and Board Contact List 3 ENR Packet Page Number8 of 57 Orientation Memo Attachment 1 MINUTES MAPLEWOOD CITY COUNCIL 7:38 P.M. Monday, September 11, 2006 Council Chambers, City Hall Meeting No. 06-23 K. UNFINISHED BUSINESS 1. Ordinance to Establish Full Commission Status for the Environmental Committee (Second Reading) a. Environmental Manager Konewko presented the report. Mayor Longrie moved to adopt the following second reading of the ordinance to establish the Environmental and Natural Resources Commission as an advisory board to the city council as provided by the Minnesota Statute: MAPLEWOOD ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365. (Code 1982, § 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference- City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, § 25-19) Sec. 18.183. Chairperson and vice-chairperson. The environmental and natural resources commission shall elect a chairperson and a vice- chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources City Council Meeting 09-11-06 1 ENR Packet Page Number9 of 57 commission, the vice-chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 § 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city’s website. (Code 1982, § 25-22) Sec. 18.186. Duties and responsibilities. In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro-actively promote greater use and appreciations of the city’s environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of “sustainable practices” for city policies and procedures. (Code 1982, § 25-23) City Council Meeting 09-11-06 2 ENR Packet Page Number10 of 57 Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission’s proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, § 25-26) This ordinance shall be effective on October 1, 2006. Seconded by Councilmember Hjelle Ayes-All City Council Meeting 09-11-06 3 ENR Packet Page Number11 of 57 Orientation Memo Attachment 2 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 Adopted by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- ENR Packet Page Number12 of 57 D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- ENR Packet Page Number13 of 57 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. P:\\PW\\Works\\Environemental\\Environmental Commission\\ENR Rules of Procedure -3- ENR Packet Page Number14 of 57 Orientation Memo Attachment 3 All Active Commissioner Contact Info - Public StaffLiaison:AndreaSindt651.249.2002Andrea.Sindt@Maplewoodmn.gov CityCouncil (H)Phone: 2940FrankStreet Councilperson MaryleeAbrams TermExpires:(C)Phone: 12/31/2020Maplewood,MN55109 Marylee.Abrams@maplewoodmn.gov (W)Phone: 2424KellerParkway(H)Phone:612.290.9778 Councilperson BillKnutson TermExpires:(C)Phone: 12/31/2020Maplewood,MN55109 bill.knutson@maplewoodmn.gov (W)Phone: 1294CountyRoadBE(H)Phone:651.766.3851 Councilperson SylviaNeblett TermExpires:(C)Phone: 12/31/2020Maplewood,MN55109 sylvia.neblett@maplewoodmn.gov (W)Phone: 1049DorlandRoad(H)Phone:6518880085 Councilperson BryanSmith TermExpires:12/31/2020Maplewood,MN55119(C)Phone: bryan.smith@maplewoodmn.gov (W)Phone: 721MtVernonAveE(H)Phone:651.771.3670 Councilperson KathleenJuenemann TermExpires:(C)Phone: 12/31/2022Maplewood,MN55117 kathleen.juenemann@maplewoodmn.gov (W)Phone: StaffLiaison:MikeMartin651.249.2303Michael.Martin@Maplewoodmn.gov CommunityDesignReviewBoard 3010FurnessCt.N.(H)Phone:wckempe@yahoo.com BillKempe TermExpires:(C)Phone: 4/30/2021Maplewood,MN55109651.226.7933 (W)Phone: (H)Phone: 2620KnollwoodCt.Njason.lamers@boral.com JasonLamers TermExpires:4/30/2021Maplewood,MN55109(C)Phone: (W)Phone:612.940.7362 2460KingAve(H)Phone:651.730.5966ananthvshankar@gmail.com AnanthShankar TermExpires:(C)Phone: 4/30/2022Maplewood,MN55119 (W)Phone:651.290.1938 1132MarnieCourtS.(H)Phone:P6517351969 BruceThompson TermExpires:(C)Phone: 4/30/2022Maplewood,MN55119P6514854500 (W)Phone: 1173LakewoodDrS(H)Phone:651.578.1658 Chair MattLedvina TermExpires:(C)Phone: 4/30/2023Maplewood,MN55119 Mattledvina@comcast.net (W)Phone: StaffLiaison: ShannFinwall651.249.2304Shann.Finwall@Maplewoodmn.gov Environmental&NaturalResourcesComm (H)Phone: 1861KenwoodDr.W5073803186savetheapples2@yahoo.com Chair MollieMiller TermExpires:9/30/2020Maplewood,MN55117(C)Phone: (W)Phone: (H)Phone: 2503HallerLane KeithButtleman TermExpires:(C)Phone: 9/30/2021Maplewood,MN55119 (W)Phone: (H)Phone: 1968IdeStreetokeson03@gmail.com CandaceOkeson TermExpires:9/30/2022Maplewood,MN55109(C)Phone: (W)Phone: (H)Phone: 2497StillwaterRoadE.annpalzer@gmail.com AnnPalzer TermExpires:(C)Phone: 9/30/2022Maplewood,MN55119 (W)Phone: (H)Phone: 2687GemStreettredmond@palebluedot.org TedRedmond TermExpires:(C)Phone: 9/30/2022Maplewood,MN55109 (W)Phone: Page1of3 Tuesday,October13,2020 ENR Packet Page Number15 of 57 All Active Commissioner Contact Info - Public StaffLiaison: MikeSable651.249.2053Mike.sable@maplewoodmn.gov HeritagePreservationCommission 1100CountyRoadC(H)Phone:651.490.3251happypebbl@hotmail.com Chair PeterBoulay TermExpires:4/30/2021Maplewood,MN55109(C)Phone: (W)Phone: P651.296.421 2497AdeleSt.(H)Phone:651.398.1457bob@calhouncompanies.com BobCardinal TermExpires:4/30/2021Maplewood,MN55109(C)Phone:651.398.1457 (W)Phone: 952.564.3806 (H)Phone: vacant TermExpires:4/30/2022(C)Phone: (W)Phone: 1937KenwoodDrW(H)Phone:651.775.2937rchcur@aol.com ViceChair RichardCurrie TermExpires:4/30/2022Maplewood,MN55117(C)Phone: (W)Phone: (H)Phone: 2057DuluthSt.momfett01@hotmail.com MargaretFett TermExpires:(C)Phone: 4/30/2022Maplewood,MN55109 (W)Phone: 1594MarySt.(H)Phone:651.773.9253john@naiarchitects.com JohnGaspar TermExpires:4/30/2023MaplewoodMN55119(C)Phone: (W)Phone: StaffLiaison:MichaelMartin651.249.2303Michael.Martin@Maplewoodmn.gov Housing&EconomicDevelopmentCommi (H)Phone: 1674VillageTrail#3denisdupee@gmail.com DenisDupee TermExpires:(C)Phone: 9/30/2020Maplewood,MN551097083419463 (W)Phone: 1910ProsperityRd.(H)Phone: amybrianfinley@gmail.com BrianFinley TermExpires:9/30/2020Maplewood,MN55109(C)Phone:651.357.0793 (W)Phone: 727MapleHillsDrive(H)Phone:djhenchen@hotmail.com DarrylHenchen (C)Phone: TermExpires:9/30/2021Maplewood,MN551173202604145 (W)Phone: (H)Phone: 2975WalterST.ungerslaw@comcast.net DennisUnger TermExpires:(C)Phone: 9/30/2021MaplewoodMN55109 (W)Phone: 830NewCenturyBlvd.S.(H)Phone: BusinessRep MarkJenkins TermExpires:9/30/2022MaplewoodMN55119(C)Phone: (W)Phone:612.701.2019 1088GordonAve(H)Phone:joy.tkachuck@optumhealth.com ViceChair/Secretary JoyTkachuck TermExpires:(C)Phone: 9/30/2022Maplewood,MN55109 (W)Phone: StaffLiaison: MikeMartin651.249.2303Michael.Martin@Maplewoodmn.gov PlanningCommission 2550ClarenceSt.(H)Phone:651.484.1453 arbybuckle@msn.org Chair PaulArbuckle TermExpires:12/31/2020Maplewood,MN55109(C)Phone: (W)Phone:651.494.9302 1276CountyRdCE(H)Phone: FrederickDahm TermExpires:12/31/2020Maplewood,MN55109(C)Phone: (W)Phone: (H)Phone: 979CrestviewDriveSlyangmn01@gmail.com LueYang TermExpires:(C)Phone: 12/31/2020Maplewood,MN55119 (W)Phone: Page2of3 Tuesday,October13,2020 ENR Packet Page Number16 of 57 All Active Commissioner Contact Info - Public 1700EastShoreDr.(H)Phone:P612.877.165Peadsx001@umn.edu JohnEads TermExpires:12/31/2021Maplewood,MN55109(C)Phone:P612.877.1655 (W)Phone:P612.672.1837 1745ClarenceSt.(H)Phone:yemkoby@hotmail.com AllanIge TermExpires:12/31/2021Maplewood,MN55109(C)Phone: (W)Phone: (H)Phone: vacant TermExpires:12/30/2022(C)Phone: (W)Phone: 2973EdwardSt(H)Phone:651.484.2132 ViceChairperson TusharDesai TermExpires:12/31/2022Maplewood,MN55109(C)Phone: (W)Phone: Page3of3 Tuesday,October13,2020 ENR Packet Page Number17 of 57 This page intentionally left blank. ENR Packet Page Number18 of 57 Agenda Item 6.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date October 19, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Mississippi River Corridor Critical Area Ordinance Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Communities in the Mississippi River Corridor Critical Area (MRCCA) are required to adopt new zoning standards consistent with the 2017 MRCCA rules and local comprehensive plans. Recommended Action: Review and discuss the MRCCA rules and ordinance update. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Updating the City’s MRCCA ordinance will ensure compliance with state rules and consistency with the City’s comprehensive plan. Background: The Mississippi River Corridor Critical Area (MRCCA) program is a joint state, regional and local program that provides coordinated land use planning and zoning regulations for the 72-mile stretch of the Mississippi River through the seven-county metropolitan area covering 54,000 acres of land in 30 local jurisdictions. Refer to the MRCCA overall map attached. The MRCCA was designated by Governor’s Executive Order in 1976, following the passage of the Minnesota Critical Areas Act of 1973. On January 4, 2017, Minnesota Rules, chapter 6106 replaced Executive Order 79-19, which previously governed land use in the MRCCA. The rules require local governments to update their MRCCA plans and ordinances for consistency with the rules. ENR Packet Page Number19 of 57 Maplewood MRCCA There are 145 acres of MRCCA designated land in Maplewood located on the southwest corner of the City, south of Carver Avenue and west of Interstate 494. More than 75 percent is guided as open space (Ramsey County Open Space and Maplewood Fish Creek Neighborhood Preserve) and the remaining is made up of rural/low-density housing (35 single-family homes located along Carver Avenue and Dorland Road). Refer to the Maplewood MRCCA map attached. MRCCA Districts Six districts are defined in the MRCCA rules. The districts are based on the natural and built character of different areas of the river corridor. Structure setbacks, height limits, and the amount of open space required for subdivisions vary by district. All other MRCCA standards apply uniformly throughout the corridor. The presence and diversity of the districts supports the different dimensional standards needed to enhance the corridor’s character and to protect the resources and features identified for special protection. Maplewood’s MRCCA is designated as a Rural and Open Space District. This designation is characterized by rural and low-density development patterns and land uses and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Refer to the MRCCA district map attached. Comp Plan Maplewood’s 2040 Comprehensive Plan was updated based on the new rules. Refer to the Comprehensive Plan link below. The future land use guidance of Open Space fits the purpose of the Rural and Open Space district through encouraging passive recreational use, habitat restoration, and natural character preservation. The rural/low-density residential classification offers a rural residential setting and helps protect the City’s natural resources. MRCCA ordinance actions identified in the Comprehensive Plan are as follows: Ordinance Update 1. Amend existing MRCCA ordinance/overlay district consistent with the MRCCA plan and rules. 2. Amend zoning map to reflect new districts. MRCCA Permitting 3. Incorporate specific design and placement conditions that minimize impacts to Primary Conservation Areas (PCA) and Public River Corridor Views (PRCV) into local permits for solar and wind generation facilities and essential and transmission services. 4. Establish procedures and criteria for processing applications to ensure compliance with MRCCA dimensional and design standards and to evaluate potential impacts to PCAs and PRCVs, including: a. Identifying the information that must be submitted and how it will be evaluated, b. Determining appropriate mitigation procedures/methods for variances and conditional use permits (CUP), and 2 ENR Packet Page Number20 of 57 c. Establishing evaluation criteria for protecting PCAs when a development site contains multiple PCAs and the total area of PCAs exceed the required set aside percentages. 5. Develop administrative procedures for integrating DNR and local permitting of riprap, walls, and other hard armoring. Adjacent Communities 6. Actively communicate with other communities to protect views they have identified in Maplewood that are valuable, and vice versa. Natural Resources 7. Establish a vegetation permitting process that includes permit review procedures to ensure consideration of restoration priorities identified in this plan in permit issuance, as well as standard conditions requiring vegetation restoration for those priority areas. 8. Establish a process for evaluating priorities for natural vegetation restoration, erosion prevention, and bank and slope stabilization, or other restoration priorities identified in this plan in CUP, variances, and subdivision/planned unit development processes. 9. Develop a system for reviewing, tracking, and monitoring open space required as part of the subdivision process. Communication 10. Ensure that information on the new MRCCA districts and zoning requirements, and the location of PCAs, PRCVs, and restoration priorities are readily available to property owners to help them understand which ordinance requirements - such as setbacks, height, vegetation management, and land alteration permits - apply to their property for project planning and permitting. Specific actions may include: a. Develop an outreach and communication strategy to alert MRCCA property owners of new districts and zoning requirements and the location of PCAs, PRCVs, and restoration priorities. b. Develop web materials (mapping applications, frequently asked questions, handouts, and other materials) to help property owners identify if their property is in the MRCCA and what regulations apply. c. Provide information to residents and park and facility users that these facilities are in the MRCCA, including information on what the MRCCA is and ways in which the resources are being protected. The City should review and address these action steps throughout the MRCCA ordinance update. 3 ENR Packet Page Number21 of 57 Zoning Standards From January 2020 through December 2022 all communities in the MRCCA will be required to adopt new zoning standards consistent with the 2017 MRCCA rules and local comprehensive plans. Once a city is notified by the Department of Natural Resources (DNR) to begin updating its ordinance within that timeframe, a city has one year to adopt a new ordinance. Maplewood was notified by the DNR on October 1, 2020. The City has until October 1, 2021, to update its ordinance. Existing Ordinances Maplewood’s environment and natural resources ordinances consist of regulations for wetlands, trees, stormwater management, renewable energy, flood plain overlay district, slopes, MRCCA, and community and market gardens. Most of these ordinances have been updated or newly adopted since 2006, except for the MRCCA and Slopes ordinances. Both of these ordinances were likely adopted in the late 1970s, after the State’s adoption of the Critical Areas Act of 1973, Minnesota Policy Act of 1973, and Governor’s Critical Area Designation Executive Order in 1976. Ordinance Updates The City’s MRCCA ordinance must be updated to be consistent with the 2017 MRCCA rules and the City’s comprehensive plan. The new rules outline regulations for development and vegetative management along the Mississippi River and on bluff lines and slopes adjacent to the river. The land located within the Maplewood MRCCA includes bluff lines and slopes, but no river access. Therefore, the City’s updates will deal mainly with developments near slopes and bluff lines, vegetative management, nonconforming uses, and definition clarifications. In addition to the MRCCA ordinance update, the City should update its slope ordinance and purpose statement for the overall environment and natural resources ordinances. The slopes ordinance update will ensure consistency of development standards on all slopes in the City, inside and outside of the MRCCA. The purpose update should include statements for the purpose of protecting all natural resources. Refer to Maplewood’s existing ordinances attached. Draft Ordinance The DNR drafted a model MRCCA ordinance for use by cities. The ordinance is very detailed and covers all MRCCA districts. Maplewood’s updated ordinance will be more condensed, dealing with just the Rural and Open Space District. Refer to the DNR draft ordinance attached. The areas highlighted in yellow should be reviewed for inclusion in the City’s updated ordinance. Ordinance Amendments The key changes to the City’s MRCCA will include new and updated definitions, setbacks to bluff lines, standards for nonconforming structures, and vegetative management in bluff impact and significant vegetative stands. An explanation of the changes needed follows: 1. Definitions: The new rules identify updated definitions for bluff, bluff impact zone, and steep slopes. 2. Setbacks to Bluff Lines: The new rules are designed to protect primary conservation areas (PCA) within the MRCCA including floodplains, bluffs (25-foot high by 25-foot wide slope that has an 18 percent grade or greater) and bluff impact zones (bluff and land within 20 feet on the top and bottom of the bluff), natural drainage ways, unstable soils and bedrock, and Native Plant Communities and existing vegetative stands. 4 ENR Packet Page Number22 of 57 Refer to the attached Maplewood MRCCA PCA map which reflects that most of the PCAs are located within City and County land. These sites are already preserved through the open space designation. Seventeen of the existing single-family home lots, however, are within or adjacent the bluff impact zone or vegetative stands. Future improvements or developments of these lots may be impacted by the new rules. In particular, the requirement that principal structures be located 100 feet from a bluff line. 3. Nonconforming Structures: The new rules allow all legal nonconforming principal structures to continue or be expanded as long as they do not encroach further toward a bluff. Decks and at-grade patios may encroach into the required setbacks from bluff lines without a variance with certain restrictions. A review of aerial photos of existing homes in the MRCCA identifies that at least 11 of the 17 homes mentioned above have been constructed closer than the new 100-foot setback to the bluff line. These homes were built under the City’s existing slope ordinance which requires a 40-foot setback from the bluff line. 4. Vegetative Management: The new rules require a vegetation permit for the intensive vegetation clearing within a bluff impact zone or existing vegetative stands. Next Steps Review the background material and discuss the MRCCA updates during the October 19 ENR Commission meeting. Staff will begin updating the City’s ordinances for review by the ENR Commission in November. Attachments: 1. MRCCA Overall Map 2. Maplewood MRCCA Area Districts Map 3. Maplewood MRCCA Area Future Land Use Map 4. Maplewood Existing Ordinances: Environment and Natural Resources Purpose, Slopes, MRCCA 5. DNR Draft MRCCA Ordinance 6. Maplewood MRCCA PCA Map Links: 1. Maplewood Critical Area Plan – 2040 Comprehensive Plan 5 ENR Packet Page Number23 of 57 Attachment 1 ENR Packet Page Number24 of 57 Attachment 2 Figure 5-3. Future Land Uses within MRCCA DSJUJ D BM! B SFB!QMBO Bepqufe!Tfqufncfs!:-!312:3151!Dpnqsfifotjwf!Qmbo 6.97!!!! ENR Packet Page Number25 of 57 Attachment 3 Figure 5-2. Mississippi River Corridor Critical Area Districts Djuz!pg!NbqmfxppeBepqufe!Tfqufncfs!:-!312: 6.96! ENR Packet Page Number26 of 57 Attachment 4 Environment and Natural Resources (Chapter 18, Article V) Division 1. Generally (Likely drafted in the 1970s) Division 2. Wetlands and Streams (Update in 2013) Division 3. Trees (Updated in 2015) Division 4. Stormwater Management (Updated in 2015) Division 5. Renewable Energy (Drafted in 2011/2018 Updates Pending) Division 6. Flood Plain Overlay District (Updated in 2010) Division 7. Slopes (Likely drafted in the 1970s) Division 8. Mississippi Critical Area (Likely drafted in the 1970s) Division 9. Community or Market Gardens (Drafted in 2018) DIVISION 1. - GENERALLY Sec. 18-201. - Purpose. The purpose of this article is to protect significant natural features which: (1) Preserve the natural character of neighborhoods. (2) Protect the health and safety of residents. (3) Protect water quality. (4) Prevent erosion or flooding. (5) Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. DIVISION 7. - SLOPES AND EROSION CONTROL Sec. 18-461. - Definitions. \[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:\] Direct drainage means drainage into a protected water without an intervening pond or wetland. Erosion means the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil loss means the average annual total amount of soil material carried from one acre of land by erosion. Pipeline means an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. 1 ENR Packet Page Number27 of 57 Retaining wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Sediment means suspended matter carried by water, sewage or other liquids. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substation means any utility structure, other than lines, pipelines, poles or towers. Terrace means a relatively level area bordered on one or more sides by a retaining wall. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetation means all plant growth, especially trees, shrubs, mosses or grasses. Water body means any lake, stream, pond, wetland or river. Sec. 18-462. - Slopes. (a) No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. (b) In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. (c) No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: (1) Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. (2) The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. (3) The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. (4) The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. (d) The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: 2 ENR Packet Page Number28 of 57 (1) The degree of alteration of the slope; and (2) The importance of the slope to the character of the area. (e) All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: (1) Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. (2) The construction of aboveground pumping stations. (3) Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. (4) All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: a. Retaining walls or terrace contours in excess of four feet in height shall have a fence. b. Construction materials shall be subject to community design review board approval. (f) The requirements of this section shall not apply in the following situations: (1) Where a slope has been substantially altered by prior excavation or filling. (2) Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). (3) Where earth-sheltered homes are proposed. Sec. 18-463. - Erosion control and soils. (a) All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. (b) Construction shall not be allowed where there are soil problems, including, but not limited to, soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. (c) Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, 3 ENR Packet Page Number29 of 57 watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. (d) A development shall be located to minimize the removal of vegetation and alteration of the natural topography. (e) Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Secs. 18-464—18-580. - Reserved. DIVISION 8. - MISSISSIPPI CRITICAL AREA AND SLOPES Sec. 18-581. - Definitions. \[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:\] Bluffline means a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical area means the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Protected water, formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subdiv. 14. Significant natural feature means a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slope means a natural slope of 25 percent or more grade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Significant water body means a water body shown on the city drainage plan or a water body over one acre in area. Structure means any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Sec. 18-582. - Generally. (a) Under this division all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city's comprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. (b) The proposed development shall not lessen existing public access to and along a protected water. 4 ENR Packet Page Number30 of 57 (c) The proposed development shall be designed, constructed and maintained to avoid causing: (1) Erosion. (2) Pollution, contamination or siltation of water bodies or storm sewers. (3) Flooding. (4) Groundwater contamination. (5) Alteration of significant natural features. (d) Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. (e) Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. Secs. 18-583—18-609. - Reserved. 5 ENR Packet Page Number31 of 57 Attachment 5 Use this MS Word document with the model ordinance document containing commentary(PDF). The commentary document explains many provisions including guidance for ordinance administration and considerations for determining whether certain provisions are needed. The commentary document also includes optional language reflecting higher standards than those in rule. Optional language is shown as blue bold additions or deletions in the commentary document and this document. 1.0 AUTHORITY, INTENT AND PURPOSE 1.1 Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) (section, chapter or article) is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462and 473. 1.2 Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. 2.0 GENERAL PROVISIONS AND DEFINITIONS 2.1 Jurisdiction. The provisions of this (section, chapter or article) apply to land within the river corridor boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the zoning map (insert reference citation). 2.2 Enforcement. The (insert name of local government or designated official) is responsible for the administration and enforcement of this (section, chapter or article). Any violation of its provisions or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this (section, chapter or article) can occur regardless of whether or not a permit is required for a regulated activity listed in Section 3.2. 2.3 Severability. If any section, clause, provision, or portion of this (section, chapter or article) is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this (section, chapter or article) shall not be affected thereby. 2.4 Abrogation and Greater Restrictions. It is not intended by this (section, chapter or article) to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this (section, chapter or article) imposes greater restrictions, the provisions of this (section, chapter or article) shall prevail. All other (sections, chapters or articles) inconsistent with this (section, chapter or article) are hereby repealed to the extent of the inconsistency only. 2.5 Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. 2.6 Definitions. Unless specifically defined below, words or phrases used in this (section, chapter or article) shall be interpreted to give them the same meaning they have in common usage and to give this (section, chapter or article) its most reasonable application. For the purpose of this (section, chapter or article), the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. 2.611 Access path. An area designated to provide ingress and egress to public waters. 2.612 Adjacent. Having a boundary that physically touches or adjoins. . 2.613 Agricultural use. A use having the meaning given under Minnesota Statutes, section 40A.02 2.614 Alternative design. Subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas. 2.615 Barge fleeting. Temporarily parking and securing barges on the river, on or off channel, while tows are assembled or broken up. 1 08/07/2020 ENR Packet Page Number32 of 57 2.616 Biological and ecological functions. The functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. 2.617 Bluff. A natural topographic feature having: A.A slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater, measured over a horizontal distance of 25 feet, as follows: (1) Where the slope begins above the ordinary high water level, from the toe of the slope to the top of the slope; or (2) Where the slope begins below the ordinary high water level, from the ordinary high water level to the top of the slope. See Figure 1; or B. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure 2. OR 2.617 Bluff. A natural topographic feature having: C. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater, measured over a horizontal distance of 25 feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 1; or Figure 1. Bluff and Bluff Impact Zone D. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure 2. Figure 2. Natural Escarpment Bluff and Bluff Impact Zone 2 08/07/2020 ENR Packet Page Number33 of 57 2.618 Bluff impact zone. A bluff and land located within 20 feet of the bluff. See Figures 1 and 2. 2.619 Bluffline. A line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. See Figures 1 and 2. 2.620 Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured over a horizontal distance of 25 feet. See Figures 1 and 2. 2.621 Bluff, Top of. A line along the top of a bluff, requiring field verification, such that the slope below the line exceeds 18 percent and the slope above the line is 18 percent or less, measured over a horizontal distance of 25 feet. See Figures 1 and 2. 2.622 Buildable area. The area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas. 2.623 Building.A structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site. 2.624 Certificate of compliance. A document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection. 2.625 Commissioner. The commissioner of the Minnesota Department of Natural Resources. 2.626 Conditional use. A use having the meaning given under Minnesota Statutes, chapters 394 and 462. 2.627 Conservation design. A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space. 2.628 Conventional subdivision. A pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design. 2.629 Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. 2.630 Developer. Having the meaning given under Minnesota Statutes, section 116G.03. 2.631 Development. Having the meaning given under Minnesota Statutes, section 116G.03. 2.632 Discretionary action. An action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezonings. 2.633 Dock. Having the meaning given under Minnesota Rules, chapter 6115. 2.634 Electric power facilities. Equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minnesota Statutes, section 216E. 2.635 Essential services. Underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes, chapter 115.01, electric power facilities or transmission services. 2.636 Feedlot. Having the meaning given for animal feedlots under Minnesota Rules chapter 7020. 2.637 Floodplain. Having the meaning given the meaning given under Minnesota Rules chapter 6120. 2.638 Fully reconstructs. The reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed. 3 08/07/2020 ENR Packet Page Number34 of 57 2.639 Hard-surface trail. A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans. 2.640 Historic property. An archaeological site, standing structure, site, district, or other property that is: E.Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minnesota Statutes, section 471; F. determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or G. An unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307, in consultation with the Office of the State Archaeologist. 2.641 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, parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces. 2.642 Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. 2.643 Interim use. A use having the meaning given under Minnesota Statutes, section 394 and 462. 2.644 Land alteration. An activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances. 2.645 Local government. Counties, cities, and townships. 2.646 Local park agencies. The Minneapolis Park and Recreation Board and the Three Rivers Park District. . 2.647 Lot. Having the meaning given under Minnesota Rules chapter 6120 2.648 Lot width. The shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level. See Figure 3. Figure 3. Lot Width 2.649 Marina. Having the meaning given under Minnesota Rules chapter 6115. 2.650 Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor Boundary (See Section 2.680). 2.651 Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element in the (insert name of jurisdiction) comprehensive plan. 2.652 Mooring facility. Having the meaning given under Minnesota Rules chapter 6115.0170. 4 08/07/2020 ENR Packet Page Number35 of 57 2.653 Native plant community. A plant community identified by the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. 2.654 Natural-surface trail. A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. 2.655 Natural vegetation. Any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. 2.656 Nonconformity. Having the meaning given under Minnesota Statutes, section 394.22. 2.657 Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, “facility” includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining. 2.658 Off-premise advertising signs. Those signs that direct attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. 2.659 Ordinary high water level (OHWL). Having the meaning given under Minnesota Statutes, section 103G.005. 2.660 Overlay district. A zoning district applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain. 2.661 Parcel. Having the meaning given under Minnesota Statutes, section 116G.03. 2.662 Patio. A constructed hard surface located at ground level with no railings and open to the sky. 2.663 Picnic shelter. A roofed structure open on all sides, accessory to a recreational use. 2.664 Planned unit development. A method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development. 2.665 Plat. Having the meaning given under Minnesota Statutes, sections 505 and 515B. 2.666 Port. A water transportation complex established and operated under the jurisdiction of a port authority according to Minnesota Statutes, section 458. 2.667 Primary conservation areas.Key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans. 2.668 Private facilities. Private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs. 2.669 Professional engineer. An engineer licensed to practice in Minnesota. 2.670 Public facilities. Public utilities, public transportation facilities, and public recreational facilities. 2.671 Public recreation facilities. Recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation. 2.672 Public river corridor views. Views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months and documented in the MRCCA plan/chapter of the comprehensive plan. 5 08/07/2020 ENR Packet Page Number36 of 57 2.673 Public transportation facilities. All transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. 2.674 Public utilities. Electric power facilities, essential services, and transmission services. 2.675 Public waters. Having the meaning given under Minnesota Statutes, section 103G.005. 2.676 Readily visible. Land and development that are easily seen from the ordinary high water level of the opposite shore during summer months. 2.677 Resource agency. A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring. 2.678 Retaining wall. A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials. 2.679 Rock riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion. 2.680 River corridor boundary. The boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as legally described in the Sate Register, volume 43, pages 508 to 518. 2.681 River-dependent use. The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities. 2.682 Selective vegetation removal. The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. 2.683 Setback. A separation distance measured horizontally. 2.684 Shore impact zone. Land located between the ordinary high water level of public waters and a line parallel to it at a setback of 50 percent of the required structure setback or, for agricultural use, 50 feet landward of the ordinary high water level. See Figure 4. Figure 4. Shore Impact Zone 2.685 Shoreline facilities. Facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships. 2.686 Special purpose units of government. The University of Minnesota, the St. Paul Port Authority, watershed management organizations established under Minnesota Statutes, chapter 103B, watershed districts established 6 08/07/2020 ENR Packet Page Number37 of 57 under Minnesota Statutes, chapter 103D, and any other unit of government other than local government or a state or regional agency. 2.687 State or regional agency. The Metropolitan Airports Commission, Minnesota Historical Society, University of Minnesota, Department of Natural Resources, Department of Transportation, Metropolitan Council and other state agencies. 2.688 Steep slope. A natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs. 2.689 Storm water management facilities. Facilities for the collection, conveyance, treatment, or disposal of storm water. 2.690 Structure. A building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances. 2.691 Subdivision. Having the meaning given under Minnesota Statutes, section 462.352. 2.692 Subsurface sewage treatment system. Having the meaning given under Minnesota Rules, part 7080.1100. 2.693 Transmission services. A. Electric power lines, cables, pipelines, or conduits that are: (3) used to transport power between two points, as identified and defined under Minnesota Statutes, section 216E.01, subdivision 4; or (4) For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two points; and B. Telecommunication lines, cables, pipelines, or conduits. 2.694 Treeline. The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage. 2.695 Twin Cities Metropolitan area. The area over which the Metropolitan Council has jurisdiction according to Minnesota Statutes, section 473.121 subdivision 2. 2.696 Variance. Having the meaning given under Minnesota Statutes, section 394.22. 2.697 Water access ramp. A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer. 2.698 Water-oriented accessory structure. A small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios. 2.699 Water quality impact zone. Land within the shore impact zone or within 50 feet of the OWHL of the river, whichever is greater, AND land within 50 feet boundary of a public water, wetland, or natural drainage route, whichever is greater. 2.670 Wetland. Having the meaning given under Minnesota Statutes, section 103G.005. 2.671 Wharf. Having the meaning given under Minnesota Rules, part 6115.0170. 3.0ADMINISTRATION 3.1 Purpose. The purpose of this Section is to identify administrative provisions to ensure this (section, chapter, or article) is administered consistent with its purpose. 3.2 Permits. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with Section 9.0 and land alterations consistent with Section 10.0. 7 08/07/2020 ENR Packet Page Number38 of 57 3.3 Variances. Variances to the requirements under this (section, chapter, or article) may only be granted in accordance with and must consider the potential impacts of variances on primary conservation areas, Minnesota Statutes, Section 462.357 public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the (zoning authority, governing body, or other appropriate term) shall: 3.31 Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Section 3.5 and 3.32 Make written findings that the variance is consistent with the purpose of this (section, chapter, or article), as follows. A. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan; B. The variance is consistent with the character and management purpose of the MRCCA district in which it is located; C. The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and D. The variance will not negatively impact (insert other MRCCA plan-identified resources). 3.4 Conditional and interim use permits. All conditional and interim uses, required under this (section, chapter or article), must comply with Minnesota Statutes, section 462.3595 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the application, the (zoning authority, governing body, or other appropriate term) shall: 3.41 Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Section 3.5; and 3.42 Make written findings that the conditional use is consistent with the purpose of this (section, chapter, or article), as follows. A. The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan; B. The conditional use is consistent with the character and management purpose of the MRCCA district in which it is located; C. The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and D. The conditional use will not negatively impact (insert other MRCCA plan-identified resources). 3.5 Conditions of Approval. The (zoning authority, governing body, or other appropriate term) shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include: 3.51 Restoration of vegetation identified as “vegetation restoration priorities” identified in the MRCCA plan. 3.52 Preservation of existing vegetation; 3.53 Stormwater runoff management; 3.54 Reducing impervious surface; 3.55 Increasing structure setbacks; 3.56 Wetland and drainage route restoration and/or preservation; 3.57 Limiting the height of structures 3.58 Modifying structure design to limit visual impacts on PRCVs; and 8 08/07/2020 ENR Packet Page Number39 of 57 3.59 Other conservation measures. 3.6 Application materials. Applications for permits and discretionary actions required under this (section, chapter or article) must submit the following information unless the (insert designated official) determines that the information is not needed. 3.61 A detailed project description; and 3.62 Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe: A. Primary conservation areas; B. Public river corridor views; C. Buildable area; D. Existing and proposed topography and drainage patterns; E. Proposed storm water and erosion and sediment control practices; F. Existing and proposed vegetation to be removed and established; G. Ordinary high water level, blufflines, and all required setbacks; H. Existing and proposed structures; I. Existing and proposed impervious surfaces; and J. Existing and proposed subsurface sewage treatment systems. 3.7 Nonconformities. 3.71 All legally established nonconformities as of the date of this ordinance may continue consistent with 462.357 Subd. 1e . 3.72 New structures erected in conformance with the setback averaging provisions of Section 6.34 are conforming structures. 3.73 Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements. 3.74 Legally nonconforming principal structures that do not meet the setback requirements of Section 6.3 may be expanded laterally provided that: A. The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure (See Figure 5); and B. The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development. Figure 5. Expansion of Nonconforming Structure 9 08/07/2020 ENR Packet Page Number40 of 57 3.8 Notifications. 3.81 Amendments to this (section, chapter, or article) and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B – I. 3.82 Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least thirty (30) ten (10) days prior to the hearing: A. The Commissioner in a format prescribed by the DNR; B. National Park Service; and C. Where building heights exceed the height limits specified in Section 6.2 as part of the conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river. 3.83 Notice of final decisions for actions in Section 3.71, including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within ten (10) days of the final decision. 3.84 Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C. 3.85 The DNR will be notified at time of application submittal of master plans, PUDs, preliminary, and final plats. 3.9 Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the persons’ property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must: 3.91 Comply with Sections 6.0 to 12.0; or 3.92 If Sections 6.0 to 12.0 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided: A. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and B. Upon expiration of the permit, the ramp or other facilities must be removed. 4.0 MRCCA DISTRICTS 4.1 Purpose. The purpose of this Section is to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district. 4.2 District description and management purpose. The MRCCA within the (City or Town) is divided into the following MRCCA Districts: 4.21 Rural and Open Space (ROS). A. Description. The ROS District is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district. B. Management purpose. The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. 4.22 River Neighborhood (RN). 10 08/07/2020 ENR Packet Page Number41 of 57 A. Description. The RN District is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses. B. Management purpose. The RN District must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation are priorities in the district. 4.23 River Towns and Crossings (RTC). A. Description. The RTC District is characterized by historic downtown areas and limited nodes of intense development at specific river crossings, as well as institutional campuses that predate designation of the MRCCA, and that include taller buildings. B. Management purpose. The RTC district must be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district. 4.24 Separated from River (SR). A. Description. The SR District is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River. B. Management purpose. The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in the district. 4.25 Urban Mixed (UM). A. Description. The UM District includes large areas of highly urbanized mixed use that are a part of the urban fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and open space. B. Management purpose. The UM District must be managed in a manner that allows for future growth and potential transition of intensely developed areas that does not negatively affect public river corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated storm water into the river, and providing public access to and public views of the river are priorities in the district. 4.26 Urban Core (UC). A. Description. The UC District includes downtown. B. Management purpose. The UC District must be managed with the greatest flexibility to protect commercial, industrial, and other high-intensity urban uses, while minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the river. Providing public access to and public views of the river are priorities in the district. 4.3 MRCCA district map. The locations and boundaries of the MRCCA districts established by this (section, chapter, or article) are shown on (insert name of MRCCA Overlay District map) which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map. 11 08/07/2020 ENR Packet Page Number42 of 57 5.0 SPECIAL LAND USE PROVISIONS 5.1 Purpose. To identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. 5.2 Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for the following land uses: 5.21 Agricultural use. Perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone. 5.22 Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, chapter 7020. 5.23 Forestry. Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota. 5.24 Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use permit issued by the local government, subject to the following: A. New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline and OHWL; B. Processing machinery must be located consistent with setback standards for structures as provided in Section 6.3; C. Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation; D. New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area; E. A site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must: (1) Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters; (2) Explain where staged reclamation may occur at certain points during the life of the site; (3) Address dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and (4) Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consistent with the stated end use for the land; and; F. Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this ordinance. 5.25 River-dependent uses. River-dependent uses must comply with the following design standards: A. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river- dependent uses as provided in Section 12.0, must meet the dimensional and performance standards in this (section, chapter, or article), must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation; B. Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must: (1) Be designed in a compact fashion so as to minimize the shoreline area affected; and 12 08/07/2020 ENR Packet Page Number43 of 57 (2) Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and C. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements. 5.26 Wireless communication towers. Wireless communication towers require a conditional or interim use permit and are subject to the following design standards: A. The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA; B. The tower must not be located in a bluff or shore impact zone; and C. Placement of the tower must minimize impacts on public river corridor views. D. Comply with the general design standards in Section 8.2. 6.0STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE 6.1 Purpose. To establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. 6.2 Structure height. Structures and facilities must comply with the following standards unless identified as exempt in Section 12.0. 6.21 Structures and facilities must comply with the following standards unless identified as exempt in Section 12.0. A. ROS District: 35 feet (or lower). B. RN District: 35 feet. C. RTC District: 48 feet (or lower), provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimizes interference with public river corridor views. Structures over 48 feet (or lower) and up to (fill in a max. height) are allowed as a conditional use according to Section 6.23. D. SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the opposite shore. E. UM District: 65 feet, provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views. Structures over 65 feet (or lower) and up to (fill in a max. height) are allowed as a conditional use according to Section 6.23. F. UC District: Height is determined by underlying zoning, provided tiering of structures away from the Mississippi River and blufflines be given priority, with lower structure heights closer to the river and blufflines, and structure design and placement minimize interference with public river corridor views. 6.22 Height is measured on the side of the structure facing the Mississippi River. 6.23 In addition to the conditional use permit requirements of Section 3.4, criteria for considering whether to grant a conditional use permit for structures exceeding the height limits must include: A. Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities; B. Determination that the proposed structure meets the required bluff and OHWL setbacks; C. Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as: (1) Placing the long axis of the building perpendicular to the river; (2) Stepping back of portions of the facade; 13 08/07/2020 ENR Packet Page Number44 of 57 (3) Lowering the roof pitch or use of a flat roof; (4) Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials; (5) Narrowing the profile of upper floors of the building; or (6) Increasing the setbacks of the building from the Mississippi River or blufflines; D. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and E. Opportunities for creation or enhancement of public river corridor views. 6.3 Structure and impervious surface placement. 6.31 Structures and impervious surface must not be placed in the shore or bluff impact zones unless identified as an exemption in Section 12.0. 6.32 Structures and facilities must comply with the following OHWL setback provisions unless identified as exempt in Section 12.0. A. ROS District: 200 feet from the Mississippi River and 150 feet from the Minnesota and Vermillion Rivers. B. RN District: 100 feet from the Mississippi River and 75 feet from the Rum and Vermillion Rivers. C. RTC District: 75 feet from the Mississippi, Crow, and Rum Rivers. D. SR District: 75 feet from the Vermillion River. E. UM District: 50 feet from the Mississippi River. F. UC District: Setbacks are determined by underlying zoning. 6.33 Structures and facilities must comply with the following bluffline setback provisions unless identified as exempt in Section 12.0: A. ROS District: 100 feet. B. RN District: 40 feet. C. RTC District: 40 feet. D. SR District: 40 feet. E. UM District: 40 feet. F. UC District: 40 feet. 6.34 Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scale and bulk riverward or bluffward of the setbacks required under Sections 6.32 and 6.33 are consistent with adjoining development. See Figure 6. Figure 6. Structure Setback Averaging 14 08/07/2020 ENR Packet Page Number45 of 57 6.35 Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public waters. 6.4 Lot size and buildable area. 6.41 The width of lots abutting the Mississippi River in the ROS District must be at least 200 feet, unless alternative design methods are used that provide greater protection of the riparian area. 6.42 All new lots must have adequate buildable area to comply with the setback requirements of Sections 6.32 and 6.33 so as to not require variances to use the lots for their intended purpose. 7.0PERFORMANCE STANDARDS FOR PRIVATE FACILITIES 7.1 Purpose.To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. 7.2 General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements in Sections 9.0 and 10.0. 7.3 Private roads, driveways, and parking areas. Except as provided in Section 12.0, private roads, driveways and parking areas must: 7.31 Be designed to take advantage of natural vegetation and topography so that they are not readily visible; 7.32 Comply with structure setback requirements according to Section 6.3; and 7.33 Not be placed within the bluff impact zone or shore impact zone, unless exempt under Section 12.0 and designed consistent with Section 8.2. 7.4 Private water access and viewing facilities. 7.41 Private access paths must be no more than: A. Eight feet wide, if placed within the shore impact zone; and B. Four feet wide, if placed within the bluff impact zone. 7.42 Private water access ramps must: A. Comply with Minnesota Rules, chapters 6115.0210 and 6280.0250; and B. Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities. 7.43 Design and construction of private stairways, lifts, and landings are subject to the following standards: A. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by (insert name of LGU permit or approval type); B. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet area allowed for commercial properties and residential facilities held in common, if approved by (insert name of LGU permit or approval type); C. Canopies or roofs are prohibited on stairways, lifts, or landings; D. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and E. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to Section 7.43 A. – D, and as provided under Section 3.9. 7.45 One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water level, with one additional water-oriented accessory structure allowed for each additional 300 15 08/07/2020 ENR Packet Page Number46 of 57 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must: A. Not exceed 12 feet in height; B. Not exceed 120 square feet in area; and C. Be placed a minimum of 10 feet from the ordinary high water level. 7.5 Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, when consistent with Sections 9.0 and 10.0, provided that: 7.51 The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required structure setback; 7.52 the area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the total area between the required setback and the 15 percent using the formula: \[Required setback depth (feet) x 0.15 x lot width (feet) = maximum total area\] 7.53The deck or patio does not extend into the bluff impact zone. See Figure 7. Figure 7. Deck and Patio Encroachment 7.6 Off-premise and directional signs. 7.61 Off-premise advertising signs must: A. Meet required structure placement and height standards in Sections 6.2 and 6.3. B. Not be readily visible 7.62 Directional signs for patrons arriving at a business by watercraft must comply with the following standards: . A. They must be consistent with Minnesota Statutes, section 86B.115 B. Only convey the location and name of the establishment and the general types of goods and services available, if located in a shore impact zone. C. Be no greater than ten feet in height and 32 square feet in surface area; and D. If illuminated, the lighting must be fully shielded and directed downward to prevent illumination out across the river or to the sky. 7.7 Fences. Fences between principal structures and the river are allowed if fences are: 7.71 Not higher than six feet. 7.72 Not located within the SIZ and BIZ 7.73 Not located in the regulatory floodplain. 16 08/07/2020 ENR Packet Page Number47 of 57 7.8 Lighting. Within the OHWL setback: 7.81 Lighting shall be fully shielded and directed away from the river. 7.82 Uplighting is prohibited. 8.0PERFORMANCE STANDARDS FOR PUBLIC FACILITIES 8.1 Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility. 8.2 General design standards. All public facilities must be designed and constructed to: 8.21 Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility; 8.22 Comply with the structure placement and height standards in Section 6.0, except as provided in Section 12.0; 8.23 Be consistent with the vegetation management standards in Section 9.0 and the land alteration and storm water management standards in Section 10.0, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, where applicable; 8.24 Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and 8.25 Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting. 8.26 Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting. 8.3 Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards: 8.31 Vegetation currently in a natural state must be maintained to the extent feasible; 8.32 Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right- of-way; and 8.33 Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use. 8.4 Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minnesota Statutes, sections 84.415 and 103G.245. 8.5 Public utilities. Public utilities must comply with the following standards: 8.51 High-voltage transmission lines, wind energy conversion systems greater than five megawatts, and pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G respectively; and 8.52 If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river be hidden from view and follow other existing right of ways as much as practicable. 8.53 The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color. 8.54 Wireless communication facilities, according to Section 5.26. 8.6 Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards in Section 6.0. Where such facilities intersect or about two or more MRCCA districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to: 8.61 Providing scenic overlooks for motorists, bicyclists, and pedestrians; 17 08/07/2020 ENR Packet Page Number48 of 57 8.62 Providing safe pedestrian crossings and facilities along the river corridor; 8.63 Providing access to the riverfront in public ownership; and 8.64 Allowing for use of the land between the river and the transportation facility. 8.7 Public recreational facilities. Public recreational facilities must comply with the following standards: 8.71 Buildings and parking associated with pubic recreational facilities must comply with the structure placement and height standards in Section 6.0, except as provided in Section 12.0; 8.72 Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources. 8.73 Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines. A. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent. Natural surface trails are allowed, provided they do not exceed eight feet in width. B. Trails, paths, and viewing areas must be designed and constructed to minimize: (1) Visibility from the river; (2) Visual impacts on public river corridor views; and (3) Disturbance to and fragmentation of primary conservation areas. 8.74 Public water access facilities must comply with the following requirements: A. Watercraft access ramps must comply with Minnesota Rules chapters 6115.0210 and 6280.0250; and B. Facilities must be designed and constructed consistent with the standards in Design Handbook for Recreational Boating and Fishing Facilities. 8.75 Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward. 8.76 Public stairways, lifts, and landings must be designed as provided in Section 7.43. 9.0VEGETATION MANAGEMENT 9.1 Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas. 9.2 Applicability. This section applies to: 9.21 Shore impact zones; 9.22 Areas within 50 feet of a wetland or natural drainage route; 9.23 Bluff impact zones; 9.24 Areas of native plant communities; and 9.25 Significant existing vegetative stands identified in the MRCCA plan. 18 08/07/2020 ENR Packet Page Number49 of 57 9.3 Activities allowed without a vegetation permit. 9.31 Maintenance of existing lawns, landscaping and gardens; 9.32 Removal of vegetation in emergency situations as determined by (insert name of LGU); 9.33Right-of-way maintenance for public facilities meeting the standards Section 8.3; 9.34 Agricultural and forestry activities meeting the standards of Sections 5.21 and 5.23; 9.35 Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including removal of: A. Vegetation that is dead, diseased, dying, or hazardous; B. Vegetation to prevent the spread of diseases or insect pests; C. Individual trees and shrubs; and D. Invasive non-native species. 9.4 Activities allowed with a vegetation permit. 9.41 Only the following intensive vegetation clearing activities are allowed with a vegetation permit: A. Clearing of vegetation that is dead, diseased, dying, or hazardous; B. Clearing to prevent the spread of diseases or insect pests; C. Clearing to remove invasive non-native species. D. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by (insert name of LGU or name of resource agency). E. The minimum necessary for development that is allowed with a building permit or as an exemption under Section 12.0. 9.42 General Performance Standards. The following standards must be met, in addition to a restoration plan under Section 9.6, in order to approve a vegetation permit: A. Development is sited to minimize removal of or disturbance to natural vegetation; B. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer or (insert name of resource agency, if someone other than professional engineer is desired); C. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views; D. Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and E. Any other condition determined necessary to achieve the purpose of this section. 9.5 Prohibited activities. All other intensive vegetation clearing is prohibited. 9.6 Vegetation restoration plan. 9.61 Development of a vegetation restoration plan and reestablishment of natural vegetation is required: A. For any vegetation removed with a permit under Section 9.41; B. Upon failure to comply with any provisions in this section; or C. As part of the planning process for subdivisions as provided in Section 11.0. 9.62 Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in 3.6, and: 19 08/07/2020 ENR Packet Page Number50 of 57 A. Vegetation must be restored in one or more of the following restoration priority areas: (1) Stabilization of erodible soilsAreas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; (2)Restoration or enhancement of shoreline vegetationShoreline areas within 25 feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass; (3) Revegetation of bluffs or steep slopes visible from the riverAreas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or (4) Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist. B. Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines; C.Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density; D. Vegetation removed must be restored with natural native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable. E. For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed; F. Be prepared by a qualified individual; and G. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years. 9. 63 A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied. 10.0 LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT 10.1 Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion. 10.2 Land alteration. 10.21 Within the bluff impact zone, land alteration is prohibited, except for the following, which are allowed by permit. A. Erosion control consistent with a plan approved by the local government or resource agency and consistent with Section 10.6; B. The minimum necessary for development that is allowed as an exception under Section 12; and C. Repair and maintenance of existing buildings and facilities. 10.22 Within the water quality impact zone, land alteration that involves more than ten cubic yards of material or affects an area greater than 1,000 square feet requires a permit. 10.3 Rock riprap, retaining walls, and other erosion control structures. 10.31 Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, chapters 6115.0215, subpart 4, item E, and 6115.0216, subpart 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of Engineers, and any other permits are obtained. See Figure 8. 20 08/07/2020 ENR Packet Page Number51 of 57 Figure 8. Riprap Guidelines 10.32Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with provisions of Section 10.6 provided that: A. If the project includes work at or below the OHWL, the commissioner has already approved or permitted the project. B. The structures are used only to correct an established erosion problem as determined by the (insert name of LGU and/or resource agency). C. The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem: (1) Retaining walls must not exceed five feet in height and must be placed a minimum horizontal distance of ten feet apart; and (2) Riprap must not exceed the height of the regulatory flood protection elevation. 10.33 Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration. 10.4 Stormwater management. 10.41 In the bluff impact zone, storm water management facilities are prohibited, except by permit if: A. There are no alternatives for storm water treatment outside the bluff impact zone on the subject site; B.The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable; C. The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and D. Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. 10.42 In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in Section 12.0, or fully reconstructs existing impervious surface of more than 10,000 square feet requires a storm water permit . Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five feet wide. 10.43 In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas. 10.5 Development on steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if: 10.51 The development can be accomplished without increasing erosion or storm water runoff; 10.52 The soil types and geology are suitable for the proposed development; and 21 08/07/2020 ENR Packet Page Number52 of 57 10.53 Vegetation is managed according to the requirements of Section 9.0. 10.6 Conditions of land alteration permit approval. 10.61 Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual; 10.62 Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation; 10.63 Construction activity is phased when possible; 10.64 All erosion and sediment controls are installed before starting any land disturbance activity; 10.65 Erosion and sediment controls are maintained to ensure effective operation; 10.66 The proposed work is consistent with the vegetation standards in Section 9.0; and 10.67 Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001. 10.7 Compliance with other plans and programs. All development must: 10.71 Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under chapter 8410; 10.72 Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and 10.73 Meet or exceed the floodplain management standards under Minnesota Rules, chapter 6120. 5000 – 6120.6200 11.0 SUBDIVISION AND LAND DEVELOPMENT STANDARDS 11.1 Purpose. 11.11 To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites 11.12 To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and 11.13 To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans. 11.2 Applicability. 11.21 The design standards in this section apply to subdivisions, planned unit developments and master- planned development and redevelopment of land involving ten or more acres for contiguous parcels that abut the Mississippi River and 20 or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times: A. Subdivisions; B. Planned unit developments; and C. Master-planned development and redevelopment of land. 11.22 The following activities are exempt from the requirements of this section: A. Minor subdivisions consisting of three or fewer lots; B. Minor boundary line corrections; C. Resolutions of encroachments; D. Additions to existing lots of record; E. Placement of essential services; and 22 08/07/2020 ENR Packet Page Number53 of 57 F. Activities involving river-dependent commercial and industrial uses. 11.3 Application materials. Project information listed in Section 3.6 must be submitted for all proposed developments. 11.4 Design standards. 11.41Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area: A. CA-ROS District: 50%; B. CA-RN District: 20%; C. CA-RTC, CA-UM, and CA-UC Districts: 10%; and D. CA-SR District: 10% if the parcel includes native plant communities or provides feasible connections to a regional park or trail system, otherwise no requirement. 11.42 If the primary conservation areas exceed the amounts specified in Section 11.41, then protection of native plant communities and natural vegetation in riparian areas shall be prioritized. 11.43 If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to Section 9.62. 11.44 If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to Section 9.62 and the area must be set aside and designated as protected open space. 11.45 Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. 11.46 Land dedicated under (insert LGU ordinance citation) for public river access, parks, or other open space or public facilities may be counted toward the protected open space requirement. 11.47 Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network. 11.5 Permanent protection of designated open space. 11.51 Designated open space areas must be protected through one or more of the following methods: A. Public acquisition by a government entity for conservation purposes; B. A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C; C. A deed restriction; and D. Other arrangements that achieve an equivalent degree of protection. 11.52 Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river. 11.6 Alternative design standards. 12.0 EXEMPTIONS 12.1 Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minnesota Statutes 116G.15 Subd. 4. 12.2 Applicability. 23 08/07/2020 ENR Packet Page Number54 of 57 12.21 Uses and activities not specifically exempted must comply with this (section, chapter, or article). Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in Sections 9 and 10. 12.22 Uses and activities in Section 12.3 are categorized as: A. Exempt – E. This means that the use or activity is allowed; B. Exempt if no alternative - (E).This means that the use or activity is allowed only if no alternatives exist; and C. Not exempt - N. This means that a use or activity is not exempt and must meet the standards of this ordinance. 12.3 Use and activity exemptions classification. 12.31 General uses and activities. Use or Activity Set Height SIZ BIZ Applicable standards with which backs Limits the use or activity must comply Industrial and utility structures requiring greater N E N NStructure design and placement height for operational reasons (such as elevators, must minimize interference with refineries and railroad signaling towers) public river corridor views. Barns, silos, and farm structuresN E N N Bridges and bridge approach roadwaysE E E (E) Section 8 Wireless communication towers E E N NSection 5.26 Chimneys, church spires, flag poles, public N E N N monuments, and mechanical stacks and equipment Historic properties and contributing properties in E E E EExemptions do not apply to historic districtsadditions or site alterations Buildings and structures on the face of or abutting E n/an/aEHeight in CA-UC district is the bluff in the CA-UC district of St. Paul, between governed by underlying zoning Chestnut Street and Highway 52. 12.32 Public utilities. Use or Activity Set Height SIZ BIZ Applicable standards with which backs Limits the use or activity must comply Electrical power facilities E E E (E) Section 8 Essential services (other than storm water E E E (E) Section 8 facilities) Storm water facilities E N E (E) Section 10 Wastewater treatment E N E NSection 8 Public transportation facilities E N (E)(E) Section 8 12.33 Public recreational facilities. Use or Activity Set Height SIZ BIZ Applicable standards with which backs Limits the use or activity must comply Accessory structures, such as monuments, E E (E)(E) Section 8; within BIZ, only on flagpoles, light standards, and similar park features slopes averaging less than 30%. Exemptions do not apply to principal structures. Picnic shelters and other open-sided structures E N (E)NSection 8 24 08/07/2020 ENR Packet Page Number55 of 57 Use or Activity Set Height SIZ BIZ Applicable standards with which backs Limits the use or activity must comply Parking lots (E)N (E)(E) Section 8; within BIZ, only within 20 feet of toe of bluff; not on face of bluff; and must not affect stability of bluff Roads and driveways (E)N (E)(E) Section 8 Natural-surfaced trails, access paths, and viewing ENEESection 8 areas Hard-surfaced trails and viewing platforms E N E (E) Section 8; within BIZ, only on slopes averaging less than 30% Water access rampsENE(E)Section 8 Public signs and kiosks for interpretive or E N E (E) Section 8 directional purposes 12.34 River-dependent uses. Use or Activity Set Height SIZ BIZ Applicable standards with which backs Limitsthe useor activity must comply 1 Shoreline facilities E N E (E) Section 5.25. Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facility 1 Private roads and conveyance structures serving E N E (E) Section 5.25 river-dependent uses 12.35 Private residential and commercial water access and use facilities. Use or Activity Set Height SIZ BIZ Applicable standards with which backs Limits the use or activity must comply Private roads serving 3 or more lots(E)N N (E) Section 7; in BIZ, only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer 3 lots or to private driveways and parking areas Access paths E N E ESection 7 Water access rampsE N E NSection 7 Stairways, lifts, and landingsE N E ESection 7 Water-oriented accessory structures E N E NSection 7 Patios and decks E N N NSection 7.5 Directional signs for watercraft (private) E N E NSection 7.6; exemption does not apply to off-premise advertising signs Temporary storage of docks, boats, and other E N E N equipment during the winter months Erosion control structures, such as rock riprap and E N E (E) Sections 10.3, 10.5 and 10.6 retaining walls Flood control structures E N E (E) Section 10 1 River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for operational reasons. 25 08/07/2020 ENR Packet Page Number56 of 57 Attachment 6 Esri Community Maps Contributors, County of Labels Imagery with 00.10.2mi Legend Natural Drainage RoutesShore Impact ZonesNative Plant CommunitiesSignificant Existing Vegetative StandsBluff Impact ZoneWetlands MRCCA BoundaryCity and Township BoundariesParcelsMRCCA Primary Conservation Areas Mississippi River Corridor Critical Area ENR Packet Page Number57 of 57