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HomeMy WebLinkAbout2021-05-17 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, May 17, 2021 7:00 p.m. Held Remotely Via Conference Call Dial 1-888-788-0099 Meeting ID: 978 1663 6681 Passcode: 068416 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. April 19, 2021 5. New Business a. New Member Orientation 6. Unfinished Business a. Mississippi River Corridor Critical Area and Slope Ordinances 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations (oral reports only) a. Climate Adaptation Plan Update b. Waterfest – June 19-27, 2021 c. In Person ENR Commission Meetings Resume in July 2021 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION MONDAY,APRIL 19, 2021 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 wascalled to order at 7:00 p.m.by Chairperson Palzer. 2.ROLL CALL Keith Buttleman, CommissionerPresent Kayla Dosser,Vice ChairpersonPresent Mollie Miller, CommissionerPresent Ann Palzer, ChairpersonPresent Ted Redmond, CommissionerPresent Stephen Todey, CommissionerAbsent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA CommissionerMillermoved to approve the agenda. Seconded by CommissionerButtleman.Ayes All The motion passed. 4.APPROVALOF MINUTES CommissionerMillermoved to approve the February 23, 2021,Environmental and Natural Resources Commission meeting minutes assubmitted. Seconded by Commissioner Redmond.Ayes Dosser, Miller, Palzer & Redmond Abstain Buttleman The motion passed. 5.NEWBUSINESS a.Tennis Sanitation Recycling Collection Annual Review Environmental Planner Finwall presentedthe 2020 Recycling Collection Year End Report and 2021 Recycling Collection Work Plan.Angela Hamann, Tennis Sanitation, was presentto answer questions of the commission. 1 Commissioner Miller moved to recommend approval of the 2020 Recycling Collection Year End Report and the 2021 Recycling Collection Work Plan. Seconded by Commissioner Redmond. Ayes All The motion passed. b. Republic Services Trash and Yard Waste Collection Annual Review Environmental Planner Finwall presented the 2020 Trash and Yard Waste Collection Year End Report and 2021 Trash and Yard Waste Collection Work Plan. Beverly Mathiasen from Republic Services was present to answer questions of the commission. Commissioner Buttleman moved to recommend the approval of the 2020 Trash and Yard Waste Collection Year End Report and the 2021 Trash and Yard Waste Collection Work Plan. Seconded by Commissioner Dosser. Ayes All The motion passed. 6. UNFINISHED BUSINESS None. 7.VISITOR PRESENTATIONS None. 8.COMMISSIONER PRESENTATIONS None. 9.STAFF PRESENTATIONS a. Climate Adaptation Plan Environmental Planner Finwall gave an update on the progress of the Climate Adaptation Plan, indicating that the draft plan would be presented to the City Council during the May 10 workshop. b. Maplewood Spring Clean Up Summary April 17 Environmental Planner Finwall spoke to the commission about the spring clean-up that was held for Maplewood residents. There was a record number of vehicles and materials at this years clean up. c. Maplewood Earth Week Clean Up April 18 to April 24 Environmental Planner Finwall let the commissioners know about Earth Week clean-up opportunities happening in Maplewood parks. d. Rice-Larpenteur Clean Up April 24 Environmental Planner Finwall shared information about the upcoming spring clean-up that will take place in the Rice-Larpenteur corridor. e. Waterfest June 19 to June 27 Environmental Planner Finwall spoke about the Waterfest event and will look at ways for the commission to get involved. 2 10. ADJOURNMENT . Commissioner Dosser made a motion to adjourn the meeting. Seconded by Commissioner Redmond. Ayes All The motion passed. The meeting was adjourned by Chairperson Palzer at 8:29 p.m. 3 Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date May 17, 2021 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: New Member Orientation Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The new member orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources Commission for new members. Recommended Action: No action required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. New member orientation ensures that all Environmental and Natural Resources Commissioners have a full understanding of their role within the City of Maplewood. Background The City Council appointed Rebecca Bryan to the Environmental and Natural Resources (ENR) Commission on April 26, 2021. Commissioner Bryan will be filling the vacancy left by Commissioner Okeson, with a term ending September 30, 2022. Attachments 1. Environmental and Natural Resources Commission New Member Orientation Attachment 1 Environmental and Natural Resources New Member Orientation Date Revised: May 13, 2021 INTRODUCTION This orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources (ENR) Commission. It is intended to assist new commissioners and to update existing commissioners. ORIENTATION Origination of the ENR Commission In 2004, the Maplewood City Council created the Environmental Committee, formed as an ad-hoc committee responsible for advising the City Council and other commissions and boards on matters relevant to the environment. This includes such matters as recycling, solid waste, environmental education, water resources, wetlands, and storm water management. On September 11, 2006, the City Council adopted the committee as a full-fledged commission when it adopted the ENR Commission ordinance. ENR Commission Purpose/Objective The ENR Commission was formed to establish environmental priorities and to propose changes necessary to existing environmental ordinances, which ensure that the city’s environmental assets are protected, preserved, and enhanced. Attached is a copy of the ENR Commission ordinance that explains in detail the ENR’s purpose/objective. ENR Commission Staff Liaison The Community Development Department provides staff liaisons and technical support for four of the City’s citizen advisory boards and commissions including the Environmental and Natural Resources Commission. Shann Finwall, Environmental Planner, is the staff liaison to the Commission. Contact information found below. Contact Information Following is list of staff contacts that serve as technical support to the Commission: Jeff Thompson, Community Development Director (651) 249-2310 jeff.thompson@maplewoodmn.gov Michael Martin, AICP, Assistant Com. Dev. Director (651) 249-2303 michael.martin@maplewoodmn.gov Shann Finwall, AICP, Environmental Planner (651) 249-2304 shann.finwall@maplewoodmn.gov Gina Kuchenmeister, Administrative Assistant (651) 249-2312 gina.kuchenmeister@maplewoodmn.gov 1 Agenda Packets City staff will prepare an ENR Commission agenda packet the week before the scheduled meeting. The packets contain an agenda, minutes from previous meetings, and staff reports for each agenda item. City staff mails the packets to the ENR Commissioner’s homes so they receive them the Friday before the meeting. Staff also sends an e-mail with the agenda attached and a link to the packet once complete, normally on the Thursday prior to the meeting. ENR Commissioner Responsibility Each commissioner should review the staff reports and visit the properties if applicable to form an opinion of the project and become familiar with the proposal or item before the meeting. Meetings Meeting Dates: The third Monday of each month. Starting Time: 7:00 p.m. Meeting Location: Via Zoom or In Person at the Maplewood City Council chambers, Maplewood City Hall, 1830 E. County Road B Quorum: A simple majority of the current membership of the commissioners constitutes a quorum. Cancellations/ Staff will inform the ENR Commission of meeting cancellations. Meetings Rescheduling: are canceled when we cannot get a quorum or if there are no items to review. Officers: A chairperson and vice chairperson shall be elected by the Commission at the first ENR Commission in January of each year, and will serve until their successors have been elected. The current chair is Commissioner Miller and the current vice chairperson is Commissioner Okeson. City Council The chair or his/her representative will attend the City Council meetings Meetings: where ENR Commission items are on the agenda. The chair or his/her representative will present the Commission’s recommendations and answer questions from the City Council regarding the decision. If the chair is unavailable to attend the City Council meeting, the chair will appoint a representative from the Commission. Rules of Procedure On March 8, 2010, the City Council approved the ENR Commission Rules of Procedures. The Rules of Procedures compliment the Environmental and Natural Resources Commission Ordinance and guide the Commission in conducting meetings. 2 ENR Annual Report Each year the ENR Commission submits an annual report to the City Council. The annual report includes actions and activities for the previous year and updates our goals for the new year. Staff drafts the annual report for review by the ENR Commission at the end of the year. The report is then forwarded to the City Council for final approval. City Council/Advisory Commissions and Boards Follow the links below to the City Council and Boards and Commissions. Cablecast of ENR Commission Meetings The City of Maplewood cablecasts ENR Commission meetings. The meetings are aired live and replayed on Maplewood Television, Channel 16; and can be viewed live and on demand on the City’s website at http://vod.maplewoodmn.gov/CablecastPublicSite/?channel=1. City Website . The website is a good The City of Maplewood has a website located at www.maplewoodmn.gov source of information. In addition to current city news and information, the website contains the city code of ordinances, information on upcoming ENR Commission meetings (including packets), and ENR meeting minutes. SUMMARY The City of Maplewood would like to welcome you as a new member of the ENR Commission. We look forward to working with you on ensuring the City’s environmental assets are protected, preserved, and enhanced. Attachments: 1. ENR Commission Ordinance 2. ENR Commission Rules of Procedure Links: 1. City Council- https://maplewoodmn.gov/253/City-Council 2. Boards and Commissions - https://maplewoodmn.gov/1246/Boards-Commissions 3 Orientation Memo Attachment 1 MINUTES MAPLEWOOD CITY COUNCIL 7:38 P.M. Monday, September 11, 2006 Council Chambers, City Hall Meeting No. 06-23 K. UNFINISHED BUSINESS 1. Ordinance to Establish Full Commission Status for the Environmental Committee (Second Reading) a. Environmental Manager Konewko presented the report. Mayor Longrie moved to adopt the following second reading of the ordinance to establish the Environmental and Natural Resources Commission as an advisory board to the city council as provided by the Minnesota Statute: MAPLEWOOD ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365. (Code 1982, § 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference- City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, § 25-19) Sec. 18.183. Chairperson and vice-chairperson. The environmental and natural resources commission shall elect a chairperson and a vice- chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources City Council Meeting 09-11-06 1 commission, the vice-chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 § 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city’s website. (Code 1982, § 25-22) Sec. 18.186. Duties and responsibilities. In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro-actively promote greater use and appreciations of the city’s environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of “sustainable practices” for city policies and procedures. (Code 1982, § 25-23) City Council Meeting 09-11-06 2 Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission’s proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, § 25-26) This ordinance shall be effective on October 1, 2006. Seconded by Councilmember Hjelle Ayes-All City Council Meeting 09-11-06 3 Orientation Memo Attachment 2 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 Adopted by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. P:\\PW\\Works\\Environemental\\Environmental Commission\\ENR Rules of Procedure -3- Agenda Item 6.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date May 17, 2021 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 and Slope Ordinances Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Communities in the Mississippi River Corridor Critical Area (MRCCA) are required to adopt new zoning standards consistent with the 2017 MRCCA Rules and local comprehensive plans. Recommended Action: Review the draft Slope 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 Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Updating the City’s MRCCA and Slope ordinances 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). Refer to the MRCCA Natural Features map attached. Zoning Standards The State adopted new MRCCA Rules on January 4, 2017. The Rules require local governments to update their MRCCA plans and ordinances for consistency 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. Maplewood MRCCA Ordinance Review Timeline To ensure the City meets the October 2021 deadline for amending its ordinances, staff is proposing the following timeline: October 2020 - DNR Notification. The City has one year to update its MRCCA ordinance. October to December 2020 - Draft MRCCA ordinance. The Environmental and Natural Resources (ENR) Commission amended the MRCCA ordinance based on the new Rules. January to May 2021 - Draft Slope ordinance. The ENR Commission will review and amend the Slope ordinance to ensure consistency with the new Rules. June to July 2021 - Education and Outreach. The City will notify the residents living in the MRCCA District and the public of the rule change and requirement to update the MRCCA and Slope ordinances. The City will take in comments and feedback on the amendments. July 2021 – o ENR Commission review of public comment and feedback and finalize draft MRCCA and Slope ordinances. o DNR review of draft MRCCA and Slope ordinances. August 2021 – Planning Commission review of MRCCA and Slope ordinances. September 2021 – o ENR Commission final review and recommendation. o City Council review of amended ordinances. October 2021 – MRCCA and Slope ordinances submitted to DNR for final approval. MRCCA Ordinance Amendments The ENR Commission finalized its review of the draft MRCCA ordinance amendments in December. Refer to the draft MRCCA ordinance attached. Amendments proposed to the ordinance will ensure consistency with the MRCCA Rules. Slope Ordinance Amendments The next step in the process is the review of the Slope ordinance to ensure consistency with the MRCCA ordinance amendments. The City adopted the Slope ordinance in the late 1970s. Refer to the Slope ordinance attached. It regulates land uses and land alterations near steep slopes throughout Maplewood. The ENR Commission reviewed Slope ordinance amendments in January. Jon Jarosch, Assistant City Engineer, was present during the February ENR Commission meeting and reviewed slopes and bluffs and outlined best practices for preserving those natural features. Attached find the second draft of the Slope ordinance amendments. It includes updates consistent with the MRCCA ordinance and feedback received during the January and February meetings. The updated ordinance includes the following sections: 1. Definitions – Important words and phrases used in the ordinance defined for clarity. 2 2. Findings and Purpose – Findings for protecting steep slopes and the purpose for establishing slope preservation and protection regulations. 3. Structure Placement – Placement of principal and accessory structures, decks, and facilities near blufflines and steep slopes. Bluffs are likely only located in the City’s designated MRCCA, but the structure placement is included in the slope ordinance as a precaution. 4. Land Alteration Standards and Stormwater Management – Prohibited and permitted land alterations on steep slopes. 5. Vegetation Management – Prohibited and permitted vegetation management on steep slopes. Vegetation restoration plan requirements. 6. Erosion Control and Soils – Erosion control and soil standards for land alteration on slopes. Attachments: 1. Maplewood MRCCA Natural Features Map 2. Proposed MRCCA Ordinance Amendment 3. February 2021 Slope and Bluff Presentation 4. Existing Slope Ordinance 5. Proposed Slope Ordinance Amendment Links: 1. MN DNR Local Government Administration of the MRCCA 3 Attachment 1 Esri Community Maps Contributors, County of Labels Imagery with 00.10.2mi Legend Natural Drainage RoutesShore Impact ZonesNative Plant CommunitiesSignificant Existing Vegetative StandsBluff Impact ZoneWetlands MRCCA BoundaryCity and Township BoundariesParcelsMRCCA Primary Conservation Areas Mississippi River Corridor Critical Area Attachment 2 Maplewood Draft MRCCA Ordinance Amendment Recommended for Approval by the ENR Commission in December 2020 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. 1 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 and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations 2 of this section can occur regardless of whether or not a permit is required for a regulated activity. (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 3 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; 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 4 (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 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. 5 (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, 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 6 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. 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. 7 (1) Structures and facilities are limited to 35 feet in height or lower unless identified as exempt. (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 8 and bulk bluff ward of the setbacks are consistent with adjoining development. Section 18-588. – Performance Standards for Private Facilities (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. 9 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. – 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 10 (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 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 Trail Planning, Design, and Development practice guidelines in Guidelines. 11 (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 (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 (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 (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 (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 (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 (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 (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 parking areas 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 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 Attachment 4 Slopes Jon Jarosch, P.E. -Assistant City Engineer percentage Photo Courtesy of Great Trails. et Vertical Distance/Horizontal DistanceMultiplied by 100 to get percentage ¤¤ Slope (grade) is defined as rise/run. Slope Basics¤ 0.50% to 6%6% to 10% not as common and typically 0.50% to 10%10% to 12% exist but not common. Most retail/commercial have relatively flat parking lots 1% to 3%.have warning signage. Parking LotsMajor roadways (high speed)Minor or residential streets (low speed) Gradations of Slopes At least 25 feet of elevation changeAverage slope of 18% or greater Measured over minimum 25 foot distanceAverage slope of 12% to 18%Measured over 50 foot HorizontallySlopes over 18% that are not bluffs Steep Slopes Bluffs Slopes Ordinance Definitions MRCCA Fish Creek CorridorBattle Creek CorridorJackson Street at LarpenteurAvenueAdolphus Street at LarpenteurAvenueNorth of Beam Avenue and W of 61 Southern MaplewoodSmaller areas throughout CityPermitting ProcessGIS Analysis Maintain Existing Drainage Patterns Maintain slope stabilityProtect downstream waterbodies from sedimentationPreserve native plant and wildlife communitiesPreserve natural topographyHistorical and scenic significance Why Protect Slopes? Grading plans Maintain vegetation and groundcover to Redundant measuresEstablish Vegetation ASAP Utilize E.C. blankets appropriate for the extent possiblesituation Direct runoff away from slopesErosion Control How can we protect Slopes? Attachment 4 Maplewood Existing Slopes and Erosion Control Ordinance Adopted in the 1970s DIVISION 7. - SLOPES AND EROSION CONTROL Sec. 18-461. - Definitions. \[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:\] Direct drainage means drainage into a protected water without an intervening pond or wetland. Erosion means the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil loss means the average annual total amount of soil material carried from one acre of land by erosion. Pipeline means an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Retaining wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Sediment means suspended matter carried by water, sewage or other liquids. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substation means any utility structure, other than lines, pipelines, poles or towers. Terrace means a relatively level area bordered on one or more sides by a retaining wall. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetation means all plant growth, especially trees, shrubs, mosses or grasses. Water body means any lake, stream, pond, wetland or river. Sec. 18-462. - Slopes. (a) Nodevelopment shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. (b) In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 1 (c) No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: (1) Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. (2) The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. (3) The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. (4) The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. (d) The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: (1) The degree of alteration of the slope; and (2) The importance of the slope to the character of the area. (e) All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: (1) Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. (2) The construction of aboveground pumping stations. (3) Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. (4) All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: a. Retaining walls or terrace contours in excess of four feet in height shall have a fence. b. Construction materials shall be subject to community design review board approval. (f) The requirements of this section shall not apply in the following situations: 2 (1) Where a slope has been substantially altered by prior excavation or filling. (2) Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). (3) Where earth-sheltered homes are proposed. Sec. 18-463. - Erosion control and soils. (a) All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. (b) Construction shall not be allowed where there are soil problems, including, but not limited to, soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. (c) Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. (d) A development shall be located to minimize the removal of vegetation and alteration of the natural topography. (e) Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Secs. 18-46418-580. - Reserved. 3 Attachment 5 DIVISION 7. - SLOPES Sec. 18-461. - Definitions. Biological and ecological functions means functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. 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 means land located within 20 feet of the top or bottom of the bluff. Bluffline means a line delineating the top of the bluff. Erosion means the general process by which soils are removed by flowing surface or subsurface water or wind. Erosion control plan means a document that, when implemented, will decrease soil erosion on a parcel of land being developed, as well as off-site sediment damages. Essential services means public utilities including underground or overhead gas, electrical, communications, water distribution, or stormwater management facilities. Gross soil loss means the average annual total amount of soil material carried from one acre of land by erosion. 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. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces. Intensive vegetation clearing means the removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. Land alteration means an activity that exposes the soil or changes the topography, drainage, or cross-section of the land, excluding gardening or similar minor soil disturbances. Native plant community means a community identified by the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. Natural vegetation means any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Vegetation means any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Retaining wall means a vertical or nearly vertical structure constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical structures constructed of mortar and rubble 1 masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials. Sediment means suspended matter carried by water, sewage or other liquids. Selective vegetation removal means the removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. Setback means a separation distance measured horizontally. 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 is not a bluff. Stormwater management facilities are facilities for the collection, conveyance, treatment, or disposal of stormwater. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Water body means any lake, stream, pond, wetland or river. Wetland is the meaning given under Minnesota Statutes, section 103G.005. Sec. 18-461. - Findings and purpose. The city desires to protect steep slopes to minimize erosion, protect habitat, and reduce stress on natural water systems by preserving steep slopes in a natural, vegetated state. The purpose of this ordinance is to establish steep slope preservation and protection regulations to assure the city: (a) Maintains slope stability. (b) Protects downstream waterbodies from sedimentation. (c) Preserves native plant and wildlife communities. (d) Preserves natural topography. (e) Maintains existing drainage patterns. (f) Preserves historical and scenic significance. Sec. 18-462. - Structure and impervious surface placement. (a) Structures and impervious surfaces must not be placed in the bluff impact zones unless identified as an exemption. 2 (b) Setbacks: (1) Bluffline: a. Accessory structures, decks, and facilities must maintain a 100- foot setback to a bluff line unless exempt. b. Principal structures must maintain: 1. 100-foot setback to a bluffline; or 2. An average setback of the adjoining lot. Where principal structures exist on the adjoining lots on both sides of a proposed building site on a bluffline, 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. c. Exemptions to the bluffline setback are outlined in the MRCCA ordinance at section 18-593. (2) Steep Slope: a. Principal and accessory structures, decks, and facilities must maintain a 40-foot setback to a steep slope unless exempt. b. Exemptions to the steep slope setback: 1. Public recreation facilities. 2. Scenic overlooks. 3. Public observation platforms. 4. Public trail systems. Sec. 18-463. – Land Alteration Standards and Stormwater Management. (a) Land alteration is prohibited on steep slopes, except for the following, which are allowed by permit. (1) Erosion control consistent with an erosion control plan approved by the local government. (2) Essential services with an erosion control plan approved by the local government. (3) Retaining walls with an erosion control plan approved by the local government. (4) Repair and maintenance of existing buildings and facilities with an erosion control plan approved by the local government. (4) Vegetation management according to the standards in Section 18-464. (b) Stormwater runoff must be directed away from steep slopes. 3 Sec. 18-464. - Vegetation Management (a) Intensive vegetation clearing is prohibited on steep slopes. (b) Selective vegetation clearing is permitted on steep slopes with a permit. (c) Vegetation Restoration Plan: (1) Development of a vegetation restoration plan and reestablishment of natural vegetation is required for: a. Any vegetation removed as part of a permitted land alteration. b. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes. (2) Vegetation restoration plan shall: a. Include restoration with native vegetation to the greatest extent practicable. b. Be restored to an area (square feet) similar to that removed to the greatest extent practicable. c. Be restored with vegetation that provides biological and ecological function equivalent to any native plant community vegetation removed. d. Be prepared by a qualified individual. e. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years. f. Require a certificate of compliance by the City after the vegetation restoration plan requirements have been satisfied. Sec. 18-465. - Erosion control and soils. (a) The following erosion control and soil standards apply to all land alteration: (1) All erosion control, stormwater runoff, and essential service shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on steep slopes. This requirement may be waived by the city council where there is no other alternative. (2) Construction shall not be allowed where there are soil problems, including, but not limited to, soil-bearing strength, shrink/swell potential or excessive frost movement unless effective soil correction measures or building construction methods are approved by the building official. (3) Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent 4 to a water body or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. (4) Erosion protection measures shall make maximum use of existing vegetation, rather than the placing of new vegetation on the site. 5