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HomeMy WebLinkAbout2020-12-21 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, December 21, 2020 7:00 p.m. Held Remotely Via Conference Call Dial 1-888-788-0099 Meeting ID: 945 5567 4111 Passcode: 381357 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes: a.November 16, 2020 5.New Business a.2020 Annual Reports 1)Environmental and Natural Resources Commission 2)Sustainability 3)Solid Waste 6.Unfinished Business a.Mississippi River Corridor Critical Area Ordinance 7.Visitor Presentations 8.Commissioner Presentations 9.Staff Presentations (oral report only) a.January 2021 Election of Chair and Vice Chair b.Reschedule January and February ENR Commission Meetings Due to Holidays (Suggested Dates Tuesday, January 26, 2021 and Tuesday, February 23, 2021) c.Holiday Light and Extension Cord Recycling 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, NOVEMBER 16, 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 7:03 p.m. by Chairperson Miller. 2.ROLL CALL Keith Buttleman, Commissioner Absent Kayla Dosser, CommissionerPresent Mollie Miller, ChairpersonPresent Candace Okeson, Vice Chair Absent Ann Palzer, CommissionerPresent Ted Redmond, CommissionerPresent Stephen Todey, CommissionerPresent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA Commissioner Palzer moved to approve the agenda as submitted. Seconded by Commissioner Redmond. Ayes – All The motion passed. 4.APPROVAL OF MINUTES Commissioner Redmond moved to approve the October 19, 2020, Environmental and Natural Resources Commission meeting minutes as amended. Seconded by Commissioner Todey. Ayes – All The motion passed. 5.UNFINISHED BUSINESS a.Mississippi River Corridor Critical Area Ordinance Environmental Planner Finwall led a discussion on updating the ordinance. The city is required to update their MRCCA ordinance to reflect changes made in the new rules by October 1, 2021. Questions and comments received by the Commission included: What are the bluffline setbacks for decks, sheds, and detached garages? Can sheds and garages be covered by the legal nonconforming status? November 16, 2020 1 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number1 of 54 Would nonconforming principal structures and detached garages be allowed to rebuild if destroyed by fire or other natural peril? Remove all shore impact zone references. Compare the wireless communications tower regulations to the City’s existing ordinance to ensure there are no inconsistencies. What is the bluffline setback for private patios, driveways, and parking areas? Make sure the stormwater management standards are consistent with existing. Include the diagrams from the model ordinance. The sign standards from the model ordinance were left off the draft ordinance. Ensure we are okay with billboard placement. What is the difference between slopes and bluffs? Environmental Planner Finwall stated that the changes would be made and brought back to the Commission for review in December. 6.NEW BUSINESS None. 7.VISITOR PRESENTATIONS None. 8.COMMISSIONER PRESENTATIONS None. 9.STAFF PRESENTATIONS a.Update on Nature Center Task Force Environmental Planner Finwall reported that the City held its third Nature Center Task Force meeting on November 5. During the meeting they discussed environmental education, service levels, partnerships, financial investors, and the best use of the site and building. The Task Force will draft recommendations for these items in the coming months. 10.ADJOURNMENT Commissioner Palzer made a motion to adjourn. Seconded by Commissioner Dosser.Ayes – All The motion passed. Chairperson Miller adjourned the meeting at 8:10 p.m. November 16, 2020 2 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number2 of 54 Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 21, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER:Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 2020Annual Reports a.Environmental and Natural Resources Commission b.Sustainability c.Solid Waste Action Requested: Motion DiscussionPublic Hearing Form of Action: ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: Annually the Environmental and Natural Resources Commission and Community Development Department submits reports to the City Council and the public. Recommended Action: Motion to recommend approval of the 2020 Annual Reports (Environmental and Natural Resources Commission, Sustainability, and Solid Waste). 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The annual reports serve as an important method of updating the City Council and the Community on the accomplishments and goals. Background Attached to this memo is a draft of the 2020 annual reports for the Environmental and Natural Resources Commission, Sustainability, and Solid Waste.The reports will be included in the Community Report which also includes department projects and updates from other commissions and boards.Each update is allotted two pages of text and pictures ENR Packet Page Number3 of 54 in the overall report.The report will be presented to the City Council in early 2021, and pieces of the report will be used in the 2021 State of the City video scheduled for release in February 2021. Attachments 1.Environmental and Natural Resources Commission 2020Report (Draft) 2.Sustainability 2020Report (Draft) 3.Solid Waste 2020 Report (Draft) Links 1.2019 Community Development Report: https://www.maplewoodmn.gov/DocumentCenter/View/22906/2019-Community- Development-Annual-Report-PDF?bidId= 2 ENR Packet Page Number4 of 54 Attachment 1 Environmental and Natural Resources 2020 Report The Environmental and Natural Resources Commission is charged with establishing environmental priorities for the city in partnership with the City Council. Ordinances Solid Waste Management In 2020 the Commission finalized their review and recommended amendments to the solid waste (SWM) management ordinance and standards. These were originally adopted by the City Council in 2011 after the City organized its residential trash hauling. Amendments were needed based on requirements in the new residential trash and recycling contracts which began January 1, 2020. In particular, the requirement that all multi-family properties be included in the City’s residential recycling program. Previously, multi-family properties could opt out of the program if they supplied recycling through their own licensed hauler. This amendment will ensure all multi-family properties have a reliable recycling system with centralized reporting and consistent education and outreach. This will help the City better manage its solid waste and increase multi-family recycling. Mississippi River Corridor Critical Area On January 4, 2017, the State adopted new Mississippi River Corridor Critical Area (MRCCA) rules. The rules require local governments to update their MRCCA comprehensive plans and ordinances for consistency with the rules. The City updated its MRCCA comprehensive plan chapter during the 2040 Comprehensive Plan updates in 2019. In 2020 the ENR Commission began the review of the MRCCA ordinance. The ordinance will ensure the protection of natural resources within the City’s MRCCA. Maplewood MRCCA encompasses 145 acres on the southwest corner of the City, south of Carver Avenue and west of Interstate 494. Sustainable Practices One of the ENR Commission’s goals is to develop and promote the use of sustainable practices for city policies and procedures. In 2020 the ENR Commission reviewed the City’s Environmental Purchasing Policy which was originally adopted in 2011 and was in need of updates. The policy demonstrates the City’s commitment to buying goods, materials, services, and capital improvements in a manner that reflects Maplewood’s core values of fiscal responsibility, social equity, community, and environmental stewardship. The ENR Commission recommended additions to the policy including social equity purchasing, climate-friendly local foods, and ensuring the City defaults to the purchase of electric or hybrid vehicles unless there is a specific case why that can’t happen. Environmental Education The ENR Commission ordinance outlines that the Commission will help develop and promote educational programs, communications, and co-sponsored activities that foster the mission of the Commission, Maplewood Nature Center, and Neighborhood Preserves. Years past this was accomplished through close partnerships with the Nature Center and its naturalists. In June of this year, the Nature Center was closed due to the Covid-19 pandemic and budget constraints. This resulted in lay-offs of Nature Center staff and a loss of the City’s main environmental education hub. 1 ENR Packet Page Number5 of 54 A Maplewood Nature Center Task Force has been appointed by the City Council to review and make recommendations on programming, services, environmental education, and operating budgets for the Nature Center and the City as a whole. The ENR Commission will re-evaluate how to achieve their environmental education outreach once those recommendations have been adopted by the City Council in early 2021. Membership The ENR Commission is made up of seven commissioners appointed by the City Council to three-year terms. Member Appointed Term Ends Ted Redmond 11/14/16 9/30/22 Ann Palzer 7/25/11 9/30/22 Keith Buttleman 1/25/16 9/30/21 Mollie Miller, Chair 9/22/14 9/30/23 Candace Okeson, Vice-Chair 9/11/17 12/11/20 Kayla Dosser 10/12/20 9/30/21 Stephen Todey 10/12/20 9/20/23 City Council Liaison Kathleen Juenemann, City Councilperson Staff Liaison Shann Finwall, Environmental Planner 2 ENR Packet Page Number6 of 54 Attachment 2 Sustainability 2020Report Maplewood’s comprehensive plan incorporates a sustainability approach that calls for efforts that simultaneously strengthen the environmental, economic and social dimensions of any issue. An important element of that plan is reporting on sustainability indicators. Following is a sampling of those indicators from 2020. GreenStep Cities As one of the first cities to sign onto the GreenStep Cities program in 2010, Maplewood has remained a leader in sustainability throughout the state. Of 140 Minnesota cities participating in the program, Maplewood is one of 20 cities that has been awarded Step 5 for measuring and making improvements on sustainability metrics years. From 2018 to 2019 the City showed improvement in the following areas: GreenStep Cities Best Practice Improvement kBtu (electricity) of City buildings3.54 kBtu reduction Avg miles per gallon City vehicles .30 mpg reduction Number of electric vehicle charging 4 additional charging stations stations Number of new trees planted in 42 additional trees planted on row and parks public spaces Gallons of residential drinking water 6 gallons less than last year Impaired waters 1 less impaired water (Beaver Lake delisted in 2019) Solid waste composted28% increase in compost being recycled Number of solar panel sites 20 additional solar panel sites throughout the city Generation capacity of solar sites 102 kW hours of additional solar generation for all sites throughout the city Energy used for street lights 150,651 kwh per year reduction of energy use for street lights and traffic signals Number of LED lights in City 4% increase in LED lights in city facilities facilities Greenhouse gas assessment for 18% reduction in GHG City operations Green Team The Maplewood Green Team’s mission statement is to promote environmentally sustainable operating practices by implementing and influencing feasible approaches to reducing emissions and pollution within the city. The Green Team also serves as the steering committee for the GreenStep Cities program and is key to the GreenStep Cities success. In 2020 the Green Team completed updates to the Environmental Purchasing Policy. The policy will shift City purchasing to the procurement of goods and services that have a reduced effect on the natural environment and human health when compared to competing products and services that serve the same purpose. The policy outlines implementation strategies including the creation of a City operations purchasing committee that will conduct education and outreach on the policy, and offer technical assistance for department purchasers. 1 ENR Packet Page Number7 of 54 Environmental Education Nature Center: The Nature Center’s mission is to enhance awareness and understanding of land, water, and wildlife resources; to empower the community to become stewards of the environment. In June of this year, the Nature Center was closed due to the Covid-19 pandemic and budget constraints. This resulted in lay-offs of Nature Center staff and a loss of the City’s main environmental education hub. A Maplewood Nature Center Task Force has been appointed by the City Council to review and make recommendations on programming, services, environmental education, and operating budgets for the Nature Center and the City as a whole. Environmental Newsletter – Seasons: The City publishes a quarterly environmental newsletter called Seasons. The Seasons focuses on timely environmental topics designed to educate, inspire, and promote sustainability City-wide. The 2020 Seasons spotlighted the Environmental Step Stool concept which outlines a balanced approach to environmental stewardship including environmental education, policy, and natural resource management; Pollinators by the Yard with details on the Minnesota Board of Water and Soils Resources grant to increase pollinator populations with native plantings; and Solid Waste Under Quarantine which showed changes to residential solid waste tonnages and habits during the Covid-19 pandemic, and opportunities for reusing, reducing, and recycling. 2 ENR Packet Page Number8 of 54 Attachment 3 Solid Waste 2020 Report The City’s trash and yard waste program creates operational effectiveness by protecting public health and safety and promoting City cleanliness and livability. It is also an important component of the City’s green infrastructure – the purpose of which is to achieve a reduction in waste generated by using best management practices to protect air quality, water quality, and natural resources. New Trash and Recycling Contracts In 2020 the City began new contracts with Republic Services for single-family trash and yard waste collection and Tennis Sanitation for single and multi-family recycling. With the new contracts come changes and improvements to the City’s solid waste program as follows: 1.Pay as You Throw: The goal of PAYT is to increase the percentage of price increments between trash cart sizes to encourage a reduction in trash and an increase in recycling. The intent is to gradually phase in the increases in price increments over the term of the 5-1/2 year contract with Republic Services in order to reach effective PAYT incentives. In 2021 the City will implement its first round of PAYT rates, increasing larger cart size fees over smaller, encouraging a reduction in cart sizes and ultimately a reduction in trash and an increase in recycling. 2.Small Business and Church Recycling: Two 95-gallon recycling carts will be supplied to businesses and churches that opt into the City’s residential recycling collection at the same cost as the residential rates. The new contract with Tennis Sanitation will also allow the collection of recyclables from a recycling dumpster at small businesses and churches. 3.Multi-Family Property Recycling: Multi-family properties had their recyclables collected in 95 gallon recycling carts. The new contract with Tennis Sanitation also allows for the collection of recyclables from dumpsters for properties with 21 units or more. Solid Waste Collection Single-Family Residential Solid Waste 9000 8000 7000 6000 5000 4000 3000 2000 Tons Collected 1000 0 201420152016201720182019 Recycling Tonnages 2477.472949.943011.022978.132979.182961.3 Trash Tonnages 8134.458519.318051.517536.888228.748146.44 Yardwaste Tonnages 538.3562.86665.47635.18533.97785.27 Axis Title Recycling TonnagesTrash TonnagesYardwaste Tonnages ENR Packet Page Number9 of 54 This page intentionally left blank. ENR Packet Page Number10 of 54 Agenda Item 6.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date December 21, 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: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/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 the draft MRCCA ordinance amendments. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Updating the City’s MRCCA ordinance will ensure compliance with state rules and consistency with the City’s comprehensive plan. Background: Maplewood MRCCA Maplewood’s MRCCA is located on the southwest corner of the City, south of Carver Avenue and west of Interstate 494. It consists of 145 acres, of which 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). ENR Packet Page Number11 of 54 Zoning Standards 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 within one year after notification by the Department of Natural Resources (DNR). The City has until October 1, 2021, to update its ordinance. During the MRCCA ordinance amendments, the City should also review the slope ordinance to ensure consistency in regulating developments next to steep slopes throughout Maplewood. MRCCA Ordinance Amendments The DNR has drafted a model MRCCA ordinance based on the new rules. Staff has drafted a new MRCCA ordinance based on that model. The Environmental and Natural Resources Commission (ENR) reviewed the first draft of the ordinance during the November 2020 meeting. Staff has updated the ordinance based on the ENR Commission’s feedback and additional review and research. Following is a summary: 1. What are the bluffline setbacks for decks, sheds, and detached garages? Decks: The rules allow for decks to follow the same setbacks as principal structures – 100 feet to the bluffline, or in line with adjacent home’s setbacks, whichever is less restrictive. Additionally, a deck can encroach up to 15 percent in the required bluffline setback without a variance as long as it meets certain standards and will not be located within the bluff impact zone (20 feet to the bluff). This language was added to the new draft ordinance attached. Sheds: The rules are silent on setbacks to sheds and detached garages. Staff proposes adding language that would allow those structures to follow the same setbacks as principal structures and includes the encroachment allowance of up to 15 percent in the required bluffline setback without a variance for sheds or detached garages that are under 200 square feet in area. The language has been added to the new draft ordinance attached. 2. Can sheds and garages be covered by the legal nonconforming status? The rules allow legally nonconforming principal structures and decks that do not meet the setback requirements to be expanded laterally. It does not allow sheds or garages that same exemption. 3. Would nonconforming principal structures and detached garages be allowed to rebuild if destroyed by fire or other natural peril? Section 44-12 of the City’s zoning code allows nonconforming buildings to be constructed if the following applies: a. The structure was destroyed by fire or other peril to the extent of greater than 50 percent of its market value. b. A building permit has been applied for within 180 days from the date the nonconforming building was damaged. c. Subsequent use of the building is in conformity with the underlying zoning district. d. The city may impose reasonable conditions upon a building permit sought in order to maintain a damaged nonconforming building in order to mitigate any newly created impact upon adjacent property. 2 ENR Packet Page Number12 of 54 No additional language has been added to the draft ordinance, but staff will ensure City attorney review of this question. 4. Remove all shore impact zone references. All shore impact zone and SIZ references have been removed from the draft ordinance. These terms are not needed because there are no public waters located in the Maplewood MRCCA. 5. Compare the wireless communications tower regulations to the City’s existing ordinance to ensure there are no inconsistencies. The City’s ordinance at Article XI (Commercial Use Antennas and Towers) allows wireless communication towers with a conditional use permit and additional setback and height restrictions. The rules regulate towers in the MRCCA further requiring an applicant to 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; towers must not be located in a bluff impact zone; and tower placement must minimize impacts on public river corridor views. 6. What is the bluffline setback for private patios, driveways, and parking areas? Patios: A patio is included in the definition of impervious surface. The model ordinance states that impervious surfaces must not be constructed within the bluff impact zone (20 feet to the bluff). Driveways and parking areas: Must maintain the same setback as the structure. These setback requirements have been better defined in the new draft ordinance. 7. Make sure the stormwater management standards are consistent with existing. It appears the stormwater management standards outlined in the draft ordinance are consistent with Maplewood standards. Staff will also ensure a thorough review of the draft ordinance by the City’s engineering department. 8. Include the diagrams from the model ordinance. In the essence of time staff did not include the model ordinance diagrams to the current draft ordinance. The relevant diagrams will be added to the final draft. 9. The sign standards from the model ordinance were left off the draft ordinance. Ensure we are okay with billboard placement. The City’s sign code would not allow for a billboard to be constructed within the MRCCA due to restrictions on billboard placements to freeways, other signs, and intersections without a variance. But including the regulation that those signs also meet the structure placement and height standards in the MRCCA will ensure additional protections. The off-premise sign regulations were added to the draft ordinance. 10. What is the difference between slopes and bluffs? Generally, slopes are not as tall and steep as bluffs. A slope has a 12 to 18 percent slope over a horizontal distance of 50 feet or greater, or any slope that has a 19 percent or greater slope regardless of horizontal distance. A bluff is a slope that rises at least 25 feet with an average slope of 18 percent or greater over a horizontal distance of 25 feet. These two 3 ENR Packet Page Number13 of 54 definitions are included in the draft ordinance. The draft ordinance allows development on steep slopes within the MRCCA area if it can meet certain standards. No development and setback requirements are outlined for bluffs. The City should ensure the slope standards outlined in the draft MRCCA ordinance are consistent with the City’s overall slope ordinance. That ordinance will be reviewed by the ENR Commission in the coming months. Slope Ordinance Amendments Staff will update the slope ordinance for review by the ENR Commission for review in the near future. Next Steps Review the draft MRCCA ordinance and offer comment and feedback. Staff will finalize the draft ordinance amendments based on these comments. Attachments: 1. Maplewood MRCCA Overlay District Map 2. MRCCA Background Information 3. Maplewood MRCCA Draft Ordinance 4. Comparison of the November 2020 and December 2020 Draft Ordinance 4 ENR Packet Page Number14 of 54 Attachment 1 DIVISION 8. - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA Sec. 18-581. - Definitions. Accessory structure means a structure that is accessory to and separate from the principal structure. Bluff means a natural topographic feature having 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. Bluff impact zone (BIZ) means land located within 20 feet of the top or bottom of the bluff. Bluff, Toe of means 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. Bluff, Top of means 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. Bluffline means a line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. Deck is a horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached to a principal structure. Impervious surface means 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. Mississippi River Corridor Critical Area (MRCCA) means the area within the River Corridor Boundary. Mississippi River Corridor Critical Area (MRCCA) Plan is a chapter in the Maplewood comprehensive plan. Nonconformity has the meaning given under Minnesota Statutes, section 394.22. Off-premise advertising signs means a sign that directs attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. Primary conservation areas (PCAs) means key resources and features, including 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. Principal structure means the house and attached garage. 1 ENR Packet Page Number15 of 54 Private facilities means private roads, driveways, parking areas, decks, accessory structures 200 square feet and under, and signs. Public river corridor views (PRCVs) means 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. Public waters has the meaning given under Minnesota Statutes, section 103G.005. River corridor boundary is 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. 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. Steep slope means 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 slope greater than 18 percent that are not bluffs. Significant water body means a water body shown on the city drainage plan or a water body over one acre in area. Storm water management facilities are for the collection, conveyance, treatment, or disposal of storm water. Structure means 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. Sec. 18-582. - 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. Sec. 18-583. - Generally. (a) Jurisdiction. The provisions of this section apply to land within the river corridor boundary as described in the State Register, volume 43, and pages 508 to 519 and shown on the Maplewood zoning map as the MRCCA overlay district. (b) Enforcement. The City Manager or his or her designee is responsible for the administration and enforcement of this section. 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 can occur regardless of whether or not a permit is required for a regulated activity. 2 ENR Packet Page Number16 of 54 (c) Severability. If any section, clause, provision, or portion of this section is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. (d) Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections or ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only. (e) Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. Sec. 18-584. – Administration. (a) 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, and land alterations. (b) Variances. Variances to the requirements under this section may only be granted in accordance with Minnesota Statutes, Section 462.357 and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the City Council shall: (1) 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; and (2) Make written findings that the variance is consistent with the purpose of this section 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). (c) Conditional use permits. All conditional uses required under this section must comply with Minnesota Statutes, section 462.3595 and must consider the potential impacts on PCAs, PRCVs, and other resources identified in the MRCCA plan. In reviewing the application, the City Council shall: 3 ENR Packet Page Number17 of 54 (1) 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; and (2) Make written findings that the conditional use is consistent with the purpose of this section 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 (3) Conditions of Approval. The City Council 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: (a) Restoration of vegetation identified as “vegetation restoration priorities” identified in the MRCCA Plan. (b) Preservation of existing vegetation; (c) Stormwater runoff management; (d) Reducing impervious surface; (e) Increasing structure setbacks; (f) Wetland and drainage route restoration and/or preservation; (g) Limiting the height of structures (h) Modifying structure design to limit visual impacts on PRCVs; and (i) Other conservation measures. (4) Application materials. Applications for permits and discretionary actions required under this section must submit the following information unless the City Manager or his or her designee determines that the information is not needed. (a) A detailed project description; and (b) Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe: 4 ENR Packet Page Number18 of 54 (1) Primary conservation areas; (2) Public river corridor views; (3) Buildable area; (4) Existing and proposed topography and drainage patterns; (5) Proposed stormwater and erosion and sediment control practices; (6) Existing and proposed vegetation to be removed and established; (7) Ordinary high water level, bluff lines, and all required setbacks; (8) Existing and proposed structures; (9) Existing and proposed impervious surfaces; and (10) Existing and proposed subsurface sewage treatment systems. (d) Nonconformities. (1) All legally-established nonconformities as of the date of this ordinance may continue consistent with Minnesota Statutes, Section 462.357 Subd. 1e. (2) New structures erected in conformance with the setback averaging provisions are conforming structures. (3) 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, stormwater control measures, and other nonstructural site improvements. (4) Legally nonconforming principal structures and decks that do not meet the setback requirements may be expanded laterally provided that: (a) The expansion does not extend into the bluff impact zone or further into the required setback than the building line of the existing principal structure; and (b) The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development. (e) Notifications. 5 ENR Packet Page Number19 of 54 (1) Amendments to this section and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B – I. (2) 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 Minnesota Department of Natural Resources; (b) National Park Service; and (c) Where building heights exceed the height limits 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) Notice of final decisions for actions, 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. (4) Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C. (5) The Minnesota Department of Natural Resources DNR will be notified at time of application submittal of master plans, PUDs, preliminary, and final plats. (f) 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. Sec. 18-585. - MRCCA District (a) 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. (b) District description and management purpose. The MRCCA in the City is classified as Rural and Open Space (ROS). (c) 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. 6 ENR Packet Page Number20 of 54 (d) 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. (e) MRCCA district map. The locations and boundaries of the MRCCA district established by this section is shown on the Maplewood zoning map as the MRCCA overlay district 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. Sec. 18-586. – Special Land Use Provisions. (a) Purpose. To identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. (b) Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for: (1) Wireless communication towers. Wireless communication towers require a conditional use permit per Maplewood City Code, Article XI (Commercial Use Antennas and Towers)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 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 18-589. Sec. 18-587. – Structure Height and Placement. (a) 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. (b) Structure height. (1) Structures and facilities are limited to 35 feet in height or lower unless identified as exempt. 7 ENR Packet Page Number21 of 54 (2) In addition to the variance requirements, criteria for considering whether to grant a variance 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: (d) Placing the long axis of the building perpendicular to the river; (e) Stepping back of portions of the facade; (f) Lowering the roof pitch or use of a flat roof; (g) 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; (h) Narrowing the profile of upper floors of the building; or (i) Increasing the setbacks of the building from the Mississippi River or blufflines; (j) Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and (k) Opportunities for creation or enhancement of public river corridor views. (c) Structure and impervious surface placement. (1) Structures and impervious surfaces must not be placed in the bluff impact zones unless identified as an exemption. (2) Principal and accessory structures, decks, and facilities must maintain a: (a) 100-foot setback to a bluff line unless identified as exempt; (b) An average setback of the adjoining lots. 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 bluff ward of the setbacks are consistent with adjoining development. Section 18-588. – Performance Standards for Private Facilities 8 ENR Packet Page Number22 of 54 (a) 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. (b) General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements in Section 18- 590 and 18-591. (c) Private roads, except as provided in Section 18-593, must be designed as follows: (1) To take advantage of natural vegetation and topography so that they are not readily visible; (2) Comply with structure setback requirements according to Section 18- 587(c); and (3) Not be placed within the bluff impact zone. (d) Private access paths must be no more than four feet wide, if placed within the bluff impact zone. (e) Decks and accessory structures that are 200 square feet in area or under may encroach into the required setbacks from the blufflines without a variance, when consistent with Sections 18-590 and 18-591, provided that: (1) The encroachment into the required setback area does not exceed 15 percent of the required structure setback; (2) The area 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: X (required setback depth \[feet\]) x 0.15 x Y (lot width \[feet\]) = maximum total area. See Figure XX below. Figure XX. Deck and Accessory Structure Under 200 S.F. in Area Encroachment (3) It does not extend into the bluff impact zone. 9 ENR Packet Page Number23 of 54 (4) Off-premise advertising signs must: (a) Meet required structure placement and height standards in Sections 18-587. (b) Not be readily visible Sec. 18-589. – Performance Standards for Public Facilities. (a) 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. (b) General design standards. All public facilities must be designed and constructed to: (1) Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility; (2) Comply with the structure placement and height standards, unless exempt; (3) Be consistent with the vegetation management standards and the land alteration and stormwater management standards including use of practices identified in Best Practices for Meeting Minnesota Department of Natural Resources General Public Waters Work Permit GP 2004-0001, where applicable; (4) 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 (5) Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting. (6) Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting. (c) Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards: (1) Vegetation currently in a natural state must be maintained to the extent feasible; (2) Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and (3) Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in 10 ENR Packet Page Number24 of 54 accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use. (d) Public utilities. Public utilities must comply with the following standards: (1) 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 (2) 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. (3) 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. (4)Wireless communication facilities, according to Section 18-586(b)(1). (e) Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards in Section 18-587. 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: (1) Providing scenic overlooks for motorists, bicyclists, and pedestrians; (2) Providing safe pedestrian crossings and facilities along the river corridor; (3) Providing access to the riverfront in public ownership; and (4) Allowing for use of the land between the river and the transportation facility. (f) Public recreational facilities. Public recreational facilities must comply with the following standards: (1) Buildings and parking associated with pubic recreational facilities must comply with the structure placement and height standards in Section 18- 587 unless exempt. (2) Roads and driveways associated with public recreational facilities must not be placed in the bluff impact zone unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to erodible soils and slopes and other sensitive resources. (3) 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 impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines. 11 ENR Packet Page Number25 of 54 (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: (a) Visibility from the river; (b) Visual impacts on public river corridor views; and (c) Disturbance to and fragmentation of primary conservation areas. (g) Public signs and kiosks for interpretive or directional purposes are allowed in the bluff impact zone, 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. Sec. 18-590. – Vegetation Management (a) 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. (b) Applicability. This section applies to: (1) Areas within 50 feet of a wetland (in addition to wetland buffers required in the wetland ordinance) or natural drainage route; (2) Bluff impact zones; (3) Areas of native plant communities; and (4) Significant existing vegetative stands identified in the MRCCA plan. (c) Activities allowed without a vegetation permit. (1) Maintenance of existing lawns, landscaping and gardens; (2) Removal of vegetation in emergency situations as determined by the City; (3) Right-of-way maintenance for public facilities meeting the standards Section 18-589(c); (4) 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. 12 ENR Packet Page Number26 of 54 (d) Activities allowed with a vegetation permit. (1) Only the following intensive vegetation clearing activities are allowed with a vegetation permit: (1) Clearing of vegetation that is dead, diseased, dying, or hazardous; (2) Clearing to prevent the spread of diseases or insect pests; (3) Clearing to remove invasive non-native species. (4) Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City. (5) The minimum necessary for development that is allowed with a building permit or as an exemption. (d) General Performance Standards. The following standards must be met, in addition to a restoration plan under Section 18-590(f), in order to approve a vegetation permit: (1) Development is sited to minimize removal of or disturbance to natural vegetation; (2) 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 a professional engineer is desired); (3) 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; (4) 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 (5) Any other condition determined necessary to achieve the purpose of this section. (e) Prohibited activities. All other intensive vegetation clearing is prohibited. (f) Vegetation restoration plan. (1) Development of a vegetation restoration plan and reestablishment of natural vegetation is required: (a) For any vegetation removed with a permit under Section 18- 159(d); (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 18-592. (g) Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in Section 18-584(b)(3), and: 13 ENR Packet Page Number27 of 54 (1) Vegetation must be restored in one or more of the following restoration priority areas: (a) Stabilization of erodible soils. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; (b) Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist. (c) 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; (d) Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density; (e) 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. (d) 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. (2) A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied. Sec. 18-591. – Land Alteration Standards and Stormwater Management. (a) Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, and other areas prone to erosion. (b) Land alteration. (1) 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; 14 ENR Packet Page Number28 of 54 (b) The minimum necessary for development that is allowed as an exception; and (c) Repair and maintenance of existing buildings and facilities. (d) Stormwater management. (2) In the bluff impact zone, stormwater management facilities are prohibited, except by permit if: (a) There are no alternatives for stormwater 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. (3) In all other areas, stormwater runoff must be directed away from the bluff impact zones or unstable areas. (c) Development on steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if: (1) The development can be accomplished without increasing erosion or stormwater runoff; (2) The soil types and geology are suitable for the proposed development; and (3) Vegetation is managed according to the requirements of Section 18-590. (d) Conditions of land alteration permit approval. (1) Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual; (2) Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation; (3) Construction activity is phased when possible; (4) All erosion and sediment controls are installed before starting any land disturbance activity; (5) Erosion and sediment controls are maintained to ensure effective operation; (6) The proposed work is consistent with the vegetation standards in Section 18-590; and 15 ENR Packet Page Number29 of 54 (7) Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting Minnesota Department of Natural Resources General Public Waters Work Permit GP 2004-0001. (e) Compliance with other plans and programs. All development must: (1) Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under chapter 8410; (2) Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and (3) Meet or exceed the floodplain management standards under Minnesota Rules, chapter 6120. 5000 – 6120.6200 Sec. 18-592. – Subdivision and Land Development Standards. (a) Purpose. (1) To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites. (2) To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and (3) To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans. (b) Applicability. (1) The design standards in this section apply to subdivisions, planned unit developments and master-planned development and redevelopment of land involving 20 or more acres, 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. (2) 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 (f) Activities involving river-dependent commercial and industrial uses. 16 ENR Packet Page Number30 of 54 (3) Application materials. Project information listed in Section 18-592(b)(3) must be submitted for all proposed developments. (4) Design standards. (a) Fifty percent (50%) of the total parcel area must be set aside and designated as a primary conservation area. (b) 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 18-590(g). (d) 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 18-590(g) and the area must be set aside and designated as protected open space. (e) Stormwater treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. (f) Land dedicated as City or County open space for public parks, or other open space or public facilities may be counted toward the protected open space requirement. (g) 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. (5) Permanent protection of designated open space. (a) Designated open space areas must be protected through one or more of the following methods: (1) Public acquisition by a government entity for conservation purposes; (2) A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C; (3) A deed restriction; and (4) Other arrangements that achieve an equivalent degree of protection. (b) 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. 17 ENR Packet Page Number31 of 54 (6) Alternative design standards. Sec. 18-593 – Exemptions. (a) 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. (b) Applicability. (1) Uses and activities not specifically exempted must comply with this section. Uses and activities exempted under the bluff impact zone must comply with the vegetation management and land alteration standards in Sections 18-590 and 18-591. (2) Uses and activities in Section 18-593(c) 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. (c) Use and activity exemptions classification. (1) General uses and activities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Bridges and bridge E E (E)Section 18-589 approach roadways Wireless communication E E N Section 18-516(b)(1) towers Chimneys, church spires, NEN flag poles, public monuments, and mechanical stacks and equipment Historic properties and E E E Exemptions do not apply to contributing properties in additions or site alterations historic districts 18 ENR Packet Page Number32 of 54 (2) Private facilities. Use or ActivitySet Height BIZApplicable standards with backs Limits which the use or activity must comply Private roads serving 3 or (E) N (E)Section 18-588(e); in BIZ, more lots only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer than 3 lots or to private driveways and parkingareas Access pathsENESection 18-588(e) Decks E N N Section 18-588(e) (3) Public utilities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Electrical power facilitiesE E (E)Section 18-589 Essential services (other E E (E)Section 18-589 than stormwater facilities) Stormwater facilities E N (E)Section 18-591 Public transportation E N (E)Section 18-589 facilities (4) Public recreational facilities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Monuments, flagpoles, light E E (E)Section 18-589; within BIZ, standards, and similar park only on slopes averaging features less than 30%. Exemptions do not apply to principal structures. Picnic shelters and other E N N Section 18-589 open-sided structures Parking lots(E) N (E)Section 18-589; 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)Section 18-589 Natural-surfaced trails, E N E Section 18-589 access paths, and viewing areas 19 ENR Packet Page Number33 of 54 Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Hard-surfaced trails and EN(E)Section 18-589; within BIZ, viewing platforms only on slopes averaging less than 30% Public signs and kiosks for E N (E)Section 18-589 interpretive or directional purposes Secs. 18-594—18-609. - Reserved. 20 ENR Packet Page Number34 of 54 Attachment 2 DIVISION 8. - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA Sec. 18-581. - Definitions. \[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:\] NOTE: Add additional definitions from model ordinance as needed. Accessory structure means a structure that is accessory to and separate from the principal structure. Bluff means a natural topographic feature having 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.. Bluff impact zone (BIZ) means land located within 20 feet of the top or bottom of the bluff. Bluff, Toe of means 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. Bluff, Top of means 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. Bluffline means a line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. Deck is a horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached to a principal structure. Impervious surface means 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. Mississippi River Corridor Critical Area (MRCCA) means the area within the River Corridor Boundary. Mississippi River Corridor Critical Area (MRCCA) Plan is a chapter in the Maplewood comprehensive plan. Nonconformity has the meaning given under Minnesota Statutes, section 394.22. Off-premise advertising signs means a sign that directs attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. Primary conservation areas (PCAs) means key resources and features, including 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, 1 ENR Packet Page Number35 of 54 and significant existing vegetative stands, tree canopies, and other resources identified in local government plans. Principal structure means the house and attached garage. Private facilities means private roads, driveways, parking areas, decks, accessory structures 200 square feet and under, and signs. Public river corridor views (PRCVs) means 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. Public waters has the meaning given under Minnesota Statutes, section 103G.005. River corridor boundary is 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. 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. Steep slope means 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 slope greater than 18 percent that are not bluffs. Significant water body means a water body shown on the city drainage plan or a water body over one acre in area. Storm water management facilities are for the collection, conveyance, treatment, or disposal of storm water. Structure means 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. Sec. 18-582. - 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. Sec. 18-583. - Generally. (a)Jurisdiction. The provisions of this section apply to land within the river corridor boundary as described in the State Register, volume 43, and pages 508 to 519 and shown on the Maplewood zoning map as the MRCCA overlay district. (b)Enforcement. The City Manager or his or her designee is responsible for the administration and enforcement of this section. Any violation of its provisions or failure to comply with any of its requirements including violations of conditions 2 ENR Packet Page Number36 of 54 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 can occur regardless of whether or not a permit is required for a regulated activity listed in Section XX. (c) Severability. If any section, clause, provision, or portion of this section is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. (d) Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections or ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only. (e) Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. (a) 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 XX, and land alterations consistent with Section XX.. (b) Variances. Variances to the requirements under this section may only be granted in accordance with Minnesota Statutes, Section 462.357 and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the City Council shall: (1) 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 XX; and (2) Make written findings that the variance is consistent with the purpose of this section 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 ENR Packet Page Number37 of 54 (c) Conditional use permits. All conditional uses required under this section must comply with Minnesota Statutes, section 462.3595 and must consider the potential impacts on PCAs, PRCVs, and other resources identified in the MRCCA plan. In reviewing the application, the City Council shall: (1) 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 XX3.5; and (2) Make written findings that the conditional use is consistent with the purpose of this section 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 (3) Conditions of Approval. The City Council 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: (b) Preservation of existing vegetation; (c) Stormwater runoff management; (d) Reducing impervious surface; (e) Increasing structure setbacks; (f) Wetland and drainage route restoration and/or preservation; (g) Limiting the height of structures (h) Modifying structure design to limit visual impacts on PRCVs; and (i) Other conservation measures. (4) Application materials. Applications for permits and discretionary actions required under this section must submit the following information unless 4 ENR Packet Page Number38 of 54 the City Manager or his or her designee determines that the information is not needed. (a) A detailed project description; and (b) Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe: (1) Primary conservation areas; (2) Public river corridor views; (3) Buildable area; (4) Existing and proposed topography and drainage patterns; (5) Proposed stormwater and erosion and sediment control practices; (6) Existing and proposed vegetation to be removed and established; (7) Ordinary high water level, bluff lines, and all required setbacks; (8) Existing and proposed structures; (9) Existing and proposed impervious surfaces; and (10) Existing and proposed subsurface sewage treatment systems. (d) Nonconformities. (1) All legally -established nonconformities as of the date of this ordinance may continue consistent with Minnesota Statutes, Section 462.357 Subd. 1e .. (2) New structures erected in conformance with the setback averaging provisions of Section XX6.34 are conforming structures. (3) 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, stormwater control measures, and other nonstructural site improvements. (4) Legally nonconforming principal structures and decks that do not meet the setback requirements of Section XX6.3 may be expanded laterally provided that: 5 ENR Packet Page Number39 of 54 (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; and the original structure and existing surrounding development. (e) Notifications. (1) Amendments to this section and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, (2) 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 Minnesota Department of Natural Resources; (b) National Park Service; and (c) Where building heights exceed the height limits specified in Section XX6.2 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) Notice of final decisions for actions in Section XX3.71, 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. (4) Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C. (5) The Minnesota Department of Natural Resources DNR will be notified at time of application submittal of master plans, PUDs, preliminary, and final plats. (f) Accommodating disabilities. Reasonable accommodations for ramps or other required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must:. (1) Comply with Sections XX6.0 to XX12.0; or (2) If Sections XX6.0 to XX12.0 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided: 6 ENR Packet Page Number40 of 54 (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. Sec. 18-585. - MRCCA District (a) Purpose. The purpose of this section is to establish districts under which building height and structure placement are regulated to protect and enhance the character of each district. (b) District description and management purpose. The MRCCA in the City is classified as Rural and Open Space (ROS). (c) 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. (d) 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. (e) MRCCA district map. The locations and boundaries of the MRCCA district established by this section is shown on the Maplewood zoning map as the MRCCA overlay district 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. Sec. 818 (a) Purpose. To identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. (b) Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for: (1) Wireless communication towers. Wireless communication towers require a conditional use permit per Section XXX and areMaplewood City Code, Article XI (Commercial Use Antennas and Towers) subject to the following design standards: 7 ENR Packet Page Number41 of 54 (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 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 XX8.2.18- 589. (a) 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. (b) Structure height. (1) Structures and facilities are limited to 35 feet in height or lower unless identified as exempt in Section XX12.0. (2) In addition to the variance requirements of Section XX3.4, criteria for considering whether to grant a variance 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: (d) Placing the long axis of the building perpendicular to the river; (e) Stepping back of portions of the facade; (f) Lowering the roof pitch or use of a flat roof; (g) 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; (h) Narrowing the profile of upper floors of the building; or (i) Increasing the setbacks of the building from the Mississippi River or blufflines; 8 ENR Packet Page Number42 of 54 (j) Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and (k) Opportunities for creation or enhancement of public river corridor views. (c) Structure and impervious surface placement. (1) Structures and impervious surfacesurfaces must not be placed in the bluff impact zones unless identified as an exemption in Section XX12.0. (2) StructuresPrincipal and accessory structures, decks, and facilities must maintain a: (a) 100-foot setback to a bluff line unless identified as exempt in Section XX12.0; or; (b) An average setback of the adjoining lots. 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 bluff ward of the setbacks required under Sections XX6.32 and XX6.33 are consistent with adjoining development. Section Sec. (a) 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. (b) General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements in Section 18- 590 and 18-591. (c) Private roads, except as provided in Section 18-593, must be designed as follows: (1) To take advantage of natural vegetation and topography so that they are not readily visible; (2) Comply with structure setback requirements according to Section 18- 587(c); and (3) Not be placed within the bluff impact zone. (d) Private access paths must be no more than four feet wide, if placed within the bluff impact zone. (e) Decks and accessory structures that are 200 square feet in area or under may encroach into the required setbacks from the blufflines without a variance, when consistent with Sections 18-590 and 18-591, provided that: 9 ENR Packet Page Number43 of 54 (1) The encroachment into the required setback area does not exceed 15 percent of the required structure setback; (2) The area 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: X (required setback depth \[feet\]) x 0.15 x Y (lot width \[feet\]) = maximum total area. See Figure XX below. Figure XX. Deck and Accessory Structure Under 200 S.F. in Area Encroachment (3) It does not extend into the bluff impact zone. (4) Off-premise advertising signs must: (a) Meet required structure placement and height standards in Sections 18-587. (b) Not be readily visible Sec. 18-589. (a) 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. (b) General design standards. All public facilities must be designed and constructed to: (1) Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility; (2) Comply with the structure placement and height standards in Section XX6.0, except as provided in Section XX12.0;, unless exempt; (3) Be consistent with the vegetation management standards in Section XX9.0 and the land alteration and stormwater management standards in Section XX10.0, including use of practices identified in Best Practices for 10 ENR Packet Page Number44 of 54 Meeting Minnesota Department of Natural Resources General Public Waters Work Permit GP 2004-0001, where applicable; (4) 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 (5) Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting. (6) Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting. (c) Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards: (1) Vegetation currently in a natural state must be maintained to the extent feasible; (2) Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and (3) 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 (d) Public utilities. Public utilities must comply with the following standards: (1) 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 (2) 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. (3) 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. (4) Wireless communication facilities, according to Section XX5.26.18- 586(b)(1). (e) Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards in Section XX6.018-587. 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: (1) Providing scenic overlooks for motorists, bicyclists, and pedestrians; (2) Providing safe pedestrian crossings and facilities along the river corridor; 11 ENR Packet Page Number45 of 54 (3) Providing access to the riverfront in public ownership; and (4) Allowing for use of the land between the river and the transportation facility. (f) Public recreational facilities. Public recreational facilities must comply with the following standards: (1) Buildings and parking associated with pubic recreational facilities must comply with the structure placement and height standards in Section XX6.0, except as provided in Section XX12.0;18-587 unless exempt. (2) Roads and driveways associated with public recreational facilities must not be placed in the bluff impact zone 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. (3) 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 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: (a) Visibility from the river; (b) Visual impacts on public river corridor views; and (c) Disturbance to and fragmentation of primary conservation areas. (g) Public signs and kiosks for interpretive or directional purposes are allowed in the bluff impact zone, 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. (h) Public stairways, lifts, and landings must be designed as provided in Section XX7.43. Sec. 18-589590 (a) Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography 12 ENR Packet Page Number46 of 54 of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas. (b) Applicability. This section applies to: (1) Areas within 50 feet of a wetland (in addition to wetland buffers required in the wetland ordinance) or natural drainage route; (2) Bluff impact zones; (3) Areas of native plant communities; and (4) Significant existing vegetative stands identified in the MRCCA plan. (c) Activities allowed without a vegetation permit. (1) Maintenance of existing lawns, landscaping and gardens; (2) Removal of vegetation in emergency situations as determined by the City; (3) Right-of-way maintenance for public facilities meeting the standards Section XX8.3;18-589(c); (4) Agricultural and forestry activities meeting the standards of Sections XX5.21 and XX5.23; (5(4) 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. (6(d) Activities allowed with a vegetation permit. (a1) Only the following intensive vegetation clearing activities are allowed with a vegetation permit: (1) Clearing of vegetation that is dead, diseased, dying, or hazardous; (3) (2) Clearing to prevent the spread of diseases or insect pests; (4)(3) Clearing to remove invasive non-native species. (5)(4) Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City. (6)(5) The minimum necessary for development that is allowed with a building permit or as an exemption under Section XX12.0. (d) General Performance Standards. The following standards must be met, in addition to a restoration plan under Section XX9.6,18-590(f), in order to approve a vegetation permit: 13 ENR Packet Page Number47 of 54 (1) Development is sited to minimize removal of or disturbance to natural vegetation; (2) 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 a professional engineer is desired); (3) 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; (4) 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 (5) Any other condition determined necessary to achieve the purpose of this section. (e) Prohibited activities. All other intensive vegetation clearing is prohibited. (f) Vegetation restoration plan. (1) Development of a vegetation restoration plan and reestablishment of natural vegetation is required: (a) For any vegetation removed with a permit under Section XX9.41;18- 159(d); (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 XX11.018-592. (g) Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in Section XX3.6,18-584(b)(3), and: (1) Vegetation must be restored in one or more of the following restoration priority areas: (a) Stabilization of erodible soils. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; (b) Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist. (c) 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; (d) Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density; 14 ENR Packet Page Number48 of 54 (e) 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. (d) 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. (2) A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied. Sec. 18-590591 (a) 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. (b) Land alteration. (1) 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 XX10.6; (b) The minimum necessary for development that is allowed as an exception under Section XX12; and (c) Repair and maintenance of existing buildings and facilities. (d) Stormwater management. (2) In the bluff impact zone, stormwater management facilities are prohibited, except by permit if: (a) There are no alternatives for stormwater 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 15 ENR Packet Page Number49 of 54 (d) Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. (3) In all other areas, stormwater runoff must be directed away from the bluff impact zones or unstable areas. (c) Development on steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if: (1) The development can be accomplished without increasing erosion or stormwater runoff; (2) The soil types and geology are suitable for the proposed development; and (3) Vegetation is managed according to the requirements of Section XX9.018-590. (d) Conditions of land alteration permit approval. (1) Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual; (2) Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation; (3) Construction activity is phased when possible; (4) All erosion and sediment controls are installed before starting any land disturbance activity; (5) Erosion and sediment controls are maintained to ensure effective operation; (6) The proposed work is consistent with the vegetation standards in Section XX9.018-590; and (7) Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting Minnesota Department of Natural Resources General Public Waters Work Permit GP 2004-0001. (e) Compliance with other plans and programs. All development must: (1) Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under chapter 8410; (2) Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and (3) Meet or exceed the floodplain management standards under Minnesota 16 ENR Packet Page Number50 of 54 Sec. 18-591592 (a) Purpose. (1) To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites. (2) To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and (3) To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans. (b) Applicability. (1) The design standards in this section apply to subdivisions, planned unit developments and master-planned development and redevelopment of land involving 20 or more acres, 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. (2) 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 (f) Activities involving river-dependent commercial and industrial uses. (3) Application materials. Project information listed in Section XX3.618- 592(b)(3) must be submitted for all proposed developments. (4) Design standards. (a) Fifty percent (50%) of the total parcel area must be set aside and designated as a primary conservation area. (b) 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 XX9.62.18- 590(g). 17 ENR Packet Page Number51 of 54 (d) 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 XX9.6218-590(g) and the area must be set aside and designated as protected open space. (e) Stormwater treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. (f) Land dedicated as City or County open space for public parks, or other open space or public facilities may be counted toward the protected open space requirement. (g) 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. (5) Permanent protection of designated open space. (a) Designated open space areas must be protected through one or more of the following methods: (1) Public acquisition by a government entity for conservation purposes; (2) A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C; (3) A deed restriction; and (4) Other arrangements that achieve an equivalent degree of protection. (b) 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. (6) Alternative design standards. Sec. 18-592593 (a) 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. (b) Applicability. (1) Uses and activities not specifically exempted must comply with this section. Uses and activities exempted under the bluff impact zone must comply with the vegetation management and land alteration standards in Sections XX918-590 and XX1018-591. 18 ENR Packet Page Number52 of 54 (2) Uses and activities in Section XX12.318-593(c) are categorized as: (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. (c) Use and activity exemptions classification. (1) General uses and activities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Bridges and bridge E E (E) Section XX818-589 approach roadways Wireless communication E E N Section XX5.2618- towers 516(b)(1) Chimneys, church spires, N E N flag poles, public monuments, and mechanical stacks and equipment Historic properties and E E E Exemptions do not apply to contributing properties in additions or site alterations historic districts (2) Private facilities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Private roads serving 3 or (E) N (E) Section 18-588(e); in BIZ, more lots only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer than 3 lots or to private driveways and parking areas Access paths E N E Section 18-588(e) Decks E N N Section 18-588(e) 19 ENR Packet Page Number53 of 54 (3) Public utilities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Electrical power facilities E E (E) Section XX818-589 Essential services (other E E (E) Section XX818-589 than stormwater facilities) Stormwater facilities E N (E) Section XX1018-591 Public transportation E N (E) Section XX818-589 facilities (3(4) Public recreational facilities. Use or Activity Set Height BIZ Applicable standards with backs Limits which the use or activity must comply Accessory structures, such E E (E) Section XX818-589; within as monumentsMonuments, BIZ, only on slopes flagpoles, light standards, averaging less than 30%. and similar park features Exemptions do not apply to principal structures. Picnic shelters and other E N N Section XX818-589 open-sided structures Parking lots (E) N (E) Section XX818-589; 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) Section XX818-589 Natural-surfaced trails, E N E Section XX818-589 access paths, and viewing areas Hard-surfaced trails and E N (E) Section XX818-589; within viewing platforms BIZ, only on slopes averaging less than 30% Public signs and kiosks for E N (E) Section XX818-589 interpretive or directional purposes Secs. 18-593 594 20 ENR Packet Page Number54 of 54