HomeMy WebLinkAbout2008-11-06 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Thursdav, November 6, 2008
5:15 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. October 7, 2008
5. Unfinished Business
6. New Business
a. Environmental Ordinance (Slopes and Mississippi River Corridor Critical Area)
7. Visitor Presentations
8. Commission Presentations
9. Staff Presentations
a. Ramsey/Washington Metro Watershed District LEAP Awards
b. Joy Park Buckthorn Removal Collaborative Project
c. Goal Setting Meeting
d. Nature Center Programs
10. Adjourn
Agenda Item 4.a.
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
MINUTES
TUESDAY, October 7,2008
COUNCIL CHAMBERS - MAPLEWOOD CITY HALL
1830 COUNTY ROAD BEAST
1 CALL TO ORDER - 5:17 p.m.
2. ROLL CALL
Commissioners Present:
Commissioner Judith Johannessen
Commissioner Carole Lynne
Comrnissioner Frederica Musgrave
Commissioner Bill Schreiner
Commissioner Carol Mason Sherrill
Commissioner Dale Trippler
Chair Ginny Yingling
Council Liaison Present: Kathleen Juensl")'"l<inn
Staff Present:
Shann Finwall - Environmental Planner
Ginny Gaynor - Open Space-Naturalist
Ann Hutchinson - Lead NaWr"list
3. APPROV ALQF AGE.NDA
a. Chair Yingling added a commission presentation on Fish Creek.
b. Commissioner Musgrave added a commission presentation on transit.
c. Planner Finwall added two staff presentations (Maplewood Seasons and
City News).
Chair Yingling made a motion to approve agenda, seconded by
Commissioner Mason Sherrill, the motion carried by a vote of 7 to O.
4. APPROVAL OF MINUTES
a. August 19,2008
Commissioner Musgrave recommended a need for protocol for the
minutes. She suggested not using the story-telling format and to just
include the motions and processes.
Proposed changes to the minutes by the commission included:
1. Third point under item 3 on page 6, the word commission should
be changed to city.
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2. Under call to order, change the word to nominated 4th point on
page 6 change wording to - "Commissioner Johannessen pointed
out that the model ordinance was for review and meant as an
overview,lI
3. Page 6, the last bullet - the two sentences should be one
sentence not two.
Commissioner Trippler made a motion to approve the August 19 minutes
as amended, seconded by Commissioner Schreiner. The motion carried
by a vote of 4 to 1 with Commissioner Musgrave voting against and
Commissioner Mason Sherrill and Chair Yingling abstaining.
b. September 1, 2008
Chair Yingling made a motion, seconded by Commissioner Trippler to
approve the September 1 minutes as written. The motion carried by a
vote of 6 to 0 with Commissioner Musgrave abstaining.
5. UNFINISHED BUSINESS:
a. Wetland Ordinance
Planner Finwall reviewed three mail""lchanges made during the
September 2 meeting. Shel1'1.~ntione9t!:1at the revised Wetland
Ordnance with changes is alsejincJuded in the packet. Tonight the
Environmental Commjssion is being asked to review the changes for
accuracy and once the<Commission makes their final recommendation,
the ordinance will befo!M(arq~d to the City Council.
The commjssionersrevi~wed the ordinance and suggested six minor
modifications. Chair Yingling then asked if there were any comments
from the visitOrs.
Sharon Sandeen, 1748 Gulden Place stated that the definition of lawn
does not include all uses referenced in the September 2 packet. She
stated that this is not consistent with what the staff recommendations are
on this point. She feels that language needs to be clarified. Under
nonconforming use Ms. Sandeen stated it would allow homeowners to
rebuild only if best management practices were implemented on the
property. She said this does not seem consistent with the intent, which
was to allow the people to rebuild and keep using their lawn the way they
were using. And last is the item on access to a lake, the added language
only allows removal of vegetation which is under the DNR's jurisdiction,
within the ordinary high water mark. Lake owners need to access the
lake by walking through the vegetation which is in the buffer zone.
Tom Devink, 220 South Sixth Street (attorney for Rolling Hills
Manufactured Home Park) states that he would like to see the non-
conforming language added which states that "after the date of adoption
of this chapter, it shall be permitted nonconforming use to place any
manufactured home on property that is of the date of the adoption of this
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chapter, either occupied by manufactured home or located in a
manufactured home community."
Paul Ruby, 1334 Pearson Drive, president of Rolling Hills Association.
Mr. Ruby stated that even though the city attorney states that state
statute would cover the replacement of nonconforming manufactured
homes in the buffer, he would prefer that the nonconforming language be
added into the city's wetland ordinance as an added precaution.
Elizabeth Sletten, 2747 North Clarence Street, stated that federal laws
have been broken during this process. She said that you cannot create a
wetland and then call it a wetland because you are creating a wetland
ordinance.
Council Member Juenemann suggested that the legal issue of whether to
add the nonconforming language requested by Attorney Devink might be
something for the city council to tackle since the city attorney has already
recommended to the commission that the language not be added.
Commissioner Yingling suggested incorporating the following language
changes:
=> Redefine lawn area under definitions - "Lawn area means an area
of mowed turf grass or other ijreas used for the purpose of
outdoor enjoyment which [11"y include gardening, non-permanent
structures, and patip:;;or plaY9r~as."
=> Page 10 item I, add Jan€lY,,9l? ~"have access as described by
section 2. f. to ,be consistentwith the access approved by the
permit. ...
Chair YinglirJg[11"qeamoti6n to adopt the language for lawns and DNR
permits. s~conded>py Commissioner Schreiner, the motion carried by a
vote of 6 td1 with Commissioner Musgrave voting against the motion.
Commissioner Schreiner made a motion to keep the nonconforming
language regarding manufactured home parks out of the ordinance and to
recommend approval of the ordinance, seconded by Commissioner
Trippler. The motion carried by a vote of 6 to 1 with Commissioner
Musgrave against.
6. NEW BUSINESS
a. Environmental Natural Resource Commission Rules of Procedure
Planner Finwall brought forward two points from the City Council
regarding formulizing the rules:
1) Special meetings should be changed to 72 hours notice rather
than 45 hours to reflect state statute which requires public
notification of open meetings at least three days in advance.
2) The commissioners should review the language on abstaining to
ensure it meets their intent.
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Chair Yingling made a motion to adopt the recommended changes to the
rules of procedure, seconded by Commissioner Musgrave. The motion
carried by a vote of 7 to O.
b. Environmental Ordinance
Planner Finwall brought this to the commission's attention to get their
initial review and reaction with the intent of bringing it back in the future.
In particular she asked the commission to review the following items prior
to the next meeting:
1) The last portion in regards to slopes and critical areas.
2) Standards and guidelines for local governments when adopting
ordinances in critical areas.
c. Wind Towers
Planner Finwall stated that there has been some interest expressed to
city staff from one resident and one busil}ess about the feasibility of
installing a wind tower on their propertY'iMaplewood does not have an
ordinance which regulates wind towels cUrrently. Included in the staff
report are some background material and a Proposed ordinance by
Woodbury for the commission'ST~vie\i\l, Staff will bring this item back to
the commission in the future. '
7. VISITOR PRESENTATIONS
8. COMMISSION PRESENTATIONS
a. Fish Cree,k: ChairYingllng mentioned a concern about damage to Fish
Creek resulting from off road vehicles. She contacted staff who contacted
the police department. She wanted to note that city staff and Ramsey
County have novvblocked off access to that area.
b. Transit: Commissioner Musgrave is wondering if the commission is going
to address mass transit.
Commissioner Yingling stated that a discussion of transit can be added to
the commission's goal setting meeting.
8. STAFF PRESENTATIONS
a. U of M Senior Project (Sustainable Maplewood)
Naturalist Gaynor gave the commission an update on the Capstone
Project and welcomed Professor Gary Johnson along with one of the
students. She mentioned projects students will be working on:
=> Impervious surfaces in the Maplewood Mall area.
=> Public area vegetation
=> Sustainable park issues, park use
=> Green work place model
=> Connectivity with neighboring cities
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=> Education
Gary Johnson, U of M professor, gave the commission an overview of the
Capstone course. He also noted questions and comments from the
commission.
b. Collaborative Buckthorn Project
Naturalist Gaynor mentioned that we have an invitation by North St. Paul
to join their environmental commission along with Oakdale to do a hands
on buckthorn removal project at Joy Park on November 8.
c. Maplewood Nature Center Landscaping
Naturalist Hutchinson mentioned a buckthorn removal event at Vista Hills
Park. She also passed around info on targeted areas for the city's
buckthorn removal program.
Ann Hutchinson also gave an overview on the Maplewood Nature Center
sustainable landscape project. She stated ,the goals and objectives
include addressing storm water management; promote and demonstrate
best management practices for sustainable)andscaping.
She also reviewed upcoming programs at the nature center including Bird
Feeder Watch and Feed the Animals.
Planner Finwall stated due to time sh'e'\i\l9!Jld e~mail items d through g to the
commissioners for their comments.
10. MEETING ADJOURNE.D'0~,;~8 p.m.
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Agenda Item 6.a.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Environmental Protection and Critical Area Ordinance
October 31,2008 for th'e November 6 ENR Meeting
INTRODUCTION
The Environmental and Natural Resources (ENR) Commission was formed by the city council 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. The ENR Commission has been reviewing Maplewood's environmental protection
and critical area ordinance (Article VII) over the last few years for this purpose.
This ordinance includes three areas of environmental protection including trees, wetlands and
development in the Mississippi River Critical Area. The city council adopted the ENR
Commission's recommendations for amendments to the tree preservation section of the
ordinance in 2006. Since that time the ENR Commission has been reviewing the wetland
section of the ordinance and is recommending amendments. The final portion of the ordinance
for review by the ENR Commission is the Mississippi River Critical Area.
DISCUSSION
Attached are several documents which are intended to give the ENR Commission background
information prior to the commission's review of the ordinance including the Environmental
Protection and Critical Area ordinance, DNR website information, Mississippi River Corridor
Critical Area Executive Ordinance, Standards and Guidelines for Preparing Plans and
Regulations for the Mississippi River Corridor Critical Area, Maplewood land use map showing
Mississippi Critical Area.
Mississippi River Critical Area
On November 19,1988, Public Law 100-69 established the Mississippi National River and
Recreation Area (MNRRA) as a unit of the National Park System. The MNRRA was established
by Congress to:
. Protect, preserve and enhance the significant values of the Mississippi River corridor
through the Twin Cities.
. Encourage coordination of federal, state and local programs.
. Provide a management framework to assist the State of Minnesota and local
governments in the development and implementation of integrated resource
management programs and to ensure the orderly public and private development in
the area.
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Since 1976, Minnesota state law has required communities with land in the metropolitan
Mississippi River corridor to manage that land according to the Critical Areas Act of 1973 and
Executive Order 79-19. This includes having a Critical Area Plan to guide development for the
land within the river corridor. Maplewood adopted a critical area plan in 1979 (and updated it in
1981) to meet this requirement. The intention of this plan is to manage development to protect
resources and to protect the scenic qualities of the river corridor, including the bluffs within the
Mississippi River corridor.
The area south of Carver Avenue and west of Interstate 494 in south Maplewood is located
within the Mississippi River Critical Area. This area is 166 acres, of which, about 59 acres (35
percent) are owned by Ramsey County for open space. The open space includes Fish Creek
and some of the land on either side of the creek. Carver Crossing is a development proposed
on 73 acres in the Mississippi Critical Area, which is 43 percent of the area. As proposed,
Carver Crossing will have 165 single family units. CoPar, the developers of the project, propose
to begin construction on the first phase of the project (north of Fish Creek) next spring. They
will hold off on the second phase to allow the city time to review the feasibility of purchasing 16
lots adjacent the bluff line for future open space. The remaining land uses within the Mississippi
Critical area are low density residential.
Maplewood's draft 2008 comprehensive plan proposes the following goals for the Mississippi
River Critical Area:
. The lands and waters shall be used as developed to maintain the present diversity of
commercial, industrial, residential and public uses of the lands, including the existing
transportation uses of the river.
. Protect historical sites and areas, and the natural scenic and environmental
resources.
. Expand public access to and enjoyment of the river.
The following are the draft 2008 comprehensive plan additional policies for the Mississippi River
Critical Area:
. The City shall ensure that the location and siting of new structure will keep bluffs and
scenic overlooks in their natural state.
. Maplewood will work with the Department of Natural Resources on possible
ordinance changes that would affect lands within the Critical Area.
. The City will ensure that future development and construction in the Critical Area will
meet or exceed the development standards set by Maplewood ordinances and
policies.
. Maplewood requires all new development in the Critical Area to minimize the
adverse effects on the environment and to maximize all possible beneficial effects.
The City will review these effects when approving site plans or when approving
building permits, except for permits for single-family homes.
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. Maplewood requires all development in the Critical Area to meet all state regulations
for Individual Sewage Treatment Systems (ISTS).
. Maplewood will notify the Minnesota Department of Natural Resources whenever the
City receives a development or subdivision application for land within the Critical
Area.
. The City shall ensure that new deveiopment and construction in the Critical Area
minimizes direct runoff onto adjoining streets and watercourses.
. The City shall ensure that new development and construction in the Critical Area
improves the quality of runoff onto adjoining streets and watercourses.
. The City encourages the clustering of structure and the use of designs that will
reduce public facility costs, which will provide more open space and will improve
scenic designs.
When reviewing the existing environmental ordinance, the ENR Commission should ensure that
these goals and policies are met.
Slopes
The environmental protection ordinance addresses slopes within the Mississippi Critical Area as
well as throughout the rest of the city. Steep slopes are defined as a slope greater than 18
percent. There area approximately 27 acres of steep slopes located in Maplewood's
boundaries, which encompass approximately 11,695 acres.
RECOMMENDATION
Review background material and be prepared to discuss the next steps in the ENR
Commission's review of the Mississippi River Critical Area Ordinance.
P:\com-dev\ord\environmental\mississippi\ 10-31-08 CC
Attachments:
1, Environmental Protection and Critical Area Ordinance
2. DNR Website Information
3, Mississippi River Corridor Executive Order
4. Standards and Guidelines for Preparing Plans and Regulations for the Mississippi Critical Area Corridor
5. Maplewood land Use Map
3
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Mississippi River Critical Area
Program
I'urp,ose I Additi(;mal link;; I Staff
Purpose
The Mississippi River Critical Area Program is a joint local and state
program that provides coordinated planning and management for 72 miles
of the Mississippi River, four miies of the Minnesota River, and 54,000
acres of adjacent corridor lands. The designated Mississippi River Critical
Area Corridor stretches from Ramsey and Dayton, Minnesota, to the
southern boundary of Dakota County on the west/south side of the river
and the boundary with the Lower St. Croix National Scenic Riverway on
the east/north side of the river, and runs through the heart of
Minneapolis-St. Paul. To view a map of the corridor location, see CrUical
Arei:lLMN,RRA CQrriQQr Map.
The Mississippi River Critical Area Program works in partnership with the
Mi$Stssipoi National Riveranc:l R,ecreatiQJ:I Area (MNRJ~,A) Program
a unit of the National Park Service.
In 2007, the Minnesota State Leglsiature directed the DNR to prepare a
reporJ i":';!'1 (5.7 Mb) on the status of the Mississippi River Corridor Critical
Area. The DNR also conducted a survey of the thirty communities in the
Mississippi River Critical Area Corridor to gather Information on the
communities' Critical Area plans and ordinances, and their experiences
with the Program. A fuJI discu$$[Q11 of the$urYeY l!c!>LJ (4.7 Mb) was
created as a separate report.
For more detailed information on the Critical Area Program, refer to the
links in the green box at the right, under Mississippi River Critical Area
Program.
Additional links
. Wile! ane! (;;cenic Riyers Program
. Sh_Qreland MarLagement f-'[Qgram
. River~and streams i!lformation
. RiVer manj'lgemgnt
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Staff
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. Rebecca Wooden - Land Use Programs Unit Supervisor; (651) 259-
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. Dale Homuth, Regional Managel-, (651) 772-7922,
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BUILDINGS AND BUILDING REGULATTONS
.~ 12~24-7
(2) A surety bond shall be- provid(-)d in the currently requiTed mount, running to the city,
approved by the city council. The bond shall be condit' cd that the city will be saved
harmless frOll any loss, damage, cost or exponse y reason of any work performed
under this Code or by reason of improper or in dequate performance or compliance
with tho terms of this Code by the holder of e licensc, his agent or employees.
(:3) A certificate of insurance 01' copies of pub' c liability and property damage insurance
policies, as provided for in section 127' shan be provided.
(b) The city council mow revoke any lice Be issued under this section at any time, if the
licensee shall violate any city ordinancE-:,
(c) No licensee shall allow his nam () he used by any other pm'son faT the purpose of doing
any sewer installation work within le cit.y
(Code 1982, * 9-170)
Sec. 12-217. Sign installer
(a) No person shall be ~ngagE-:d in the business of installing, erecting, constructing or
removing signs within th city without first obtaining a license. Such license shall be issued by
the city manager upon, ppIication theroi'm', Such license shall be fell' one calendar year, and the
annual fce for such Ii E-mse shan be established by resolution of the city council, A separate fee
schedule shall be e ablished for temporary signs.
(b) Every pcr n licensed under subsection (n) oi'this. section and regularly engaged in the
business of er I.:ting advertising and business signs in thf-::- city shall, beforc permits are
granted, file 'th the city clerk a continuing bond in tho currently required amount exccuted
by the appr cant and a surety company approved by the city attorney and conditioned for the
faithfulo servance of the Tcquirements of this Code, which shall indemnify and save harmless
the city, Tom any and an dalllages, costs or expenses which the city may incur or suffer by
reaso of granting such permit. A liahillty insurance policy issued by an insnranee eompany
autl )rized to do business in this state, conforming to this: section, shall be. permitted iulieu of
th ' bond. Any person lawfully mainta:ining sign structuTcs regulated by chapter 36t article III,
J, tlte time of its ongmal enactment (,July 14, ]977\ ~hall comply with tillS section.
t ~COdC ]982, S 9-(71)
Sees. 12-218-]2-246. Reserved.
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AR.TICLE VII. ENV1RONMEN'l'AL PROTECTION AND ClUTICAL ARI<;A
DIVISION 1. GENERALLY
Sec, 12w247, Purpose.
The purpose of this article is La protect significant nata-ral feat-trres which:
(1) Preserve the natural character of nFYighborhoods.
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9 12-2-17
MAPLEWOOD CODE
(2) Protect the health and safl1ty of residents.
(:3) Protect water quality.
(4) Prevent erosion or flooding.
4"Manage the Mississippi Hiver Corridor Critical Area in accordance with the Critical
V Areas Act of 197a; the IVIinncsota Policy Act of 1973; and the governor's critical area
designation order, Executive Order 130, dated November 2:3) 1976.
(Code 1982, 9 9-186)
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(Sec. 12-248. Applicability.
(a) This article shall apply
fcaturc_
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to any person or use that \vould. alter a significant natural
(b) Public and semipublic projects, such as streets, utilities and parks, whether built by a
public agency or private developer, shall be subject to this article) except that the city council
may waive these requirements where there would be a greater public need for the project than
to meet the requirements of this article. A public hearing shall be held before declaring such
a waiver. The property owners within 850 feet of the site shall be notified at least ten days
before the hearing.
(Code 1982,99-187)
Sec. 12-249. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
~BlUtlline means a line delineating a top of a slope with direct drainage to a protected water,
. connecting the points at which the slope becomes less than 18 percent. More than one bluffline
lnay be encountered proceeding landward from a protected \vater.
( Critical area means the :rvIississippi River Corridor Area bounded by Carver Avenue, I~494
\.. and the city limits.
Direct drainage-:ffl'eans drainage into a protected water without an intervcming pond or
wet~
Drip line meaJlS""tIte1a'rthest distance around and away from the trunk of a tree that rain
or dc~~direetly to the I:,TTOUnd from the leaves or branches of that tree.
Erosion means the general process by which soils are removed by flo\ving surface or
subsurface water or wind.
Gross soil loss means the average annual total amount of soil material carric~d from one acre
of land by erosion.
LaJ:e:e tree 1 :~lealthY tree that has a trunk diameter, four feet above the ground, of
at Jeas . g t inches, other than a box elder, cottonwood, poplar) or any other undesirable tree,
etennined by the director of community development.
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BUILDINGS AND BUILDING HEGULATlONS
S 12-249
Pipeline means B_n underground line of pipe including associated pumps, valve,s, control
devices and other structures utilized for conveying liquids, gases, sewage or other finely
divided solids from one point to another.
Protected watel~ formerly referred to as "public waters," means any \vater defined in 1\-1inn.
Stats. ~ 105.37, subd. 1.4.
Retaining wall means a structure utilized to hold a slope in a position in which it would not
naturally remain.
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Sedirnent means suspended matter carried by water, sewage or other liquids.
Signifi:cant natu.ral feature llleans a significant water body, a large tree, a woodlot, a
significant slope or a site of historical 01' archeological significance that has been recorded \-"lith
the state.
Significant slope means a natural slope of25 percent or more grade over an area at least 200
feet in length (top to bottom) and 500 feet in width (side to side).
Significant water body means a water body shown on the city drainage plan or a water body
over one acre in area.
Slope means the inclination of the natural sU1'face of the land from the horizontal; commonly
described as a ratio of the length to the height.
Structure means any thing manufactured, constructed or erected which is normally
attached to or positioned on land, including portable structures.
Sub.-dation means any utility structure, other than lines, pipelines, poles or towers.
Terrace means a relatively level area bordered on one or more Rides by a retaining walL
Utility fncans electric, telephone, telegraph, cable television, water, sanitary or storm sewer,
solid waste, gas or similar service operations.
T.kgetationmeans all plant growth, espedal1y trees, shrubs, mosses or grasses.
Water body means any lake, stream, pond, wetland or river.
Vletland means an area of the city inundat.ed or saturated by groundvmteT or surface water
at a frequency and duration sufficient to support and that under normal circumstances does
support a prevalence of vegetation typically adapted for life in saturated soil conditions.
\Vetlands generally include s\"lamps, 111a1'she8, bogs and simJlal' areas (Army Corps of
Engineers Regulation 33 CFR 328.3 1988). \Vhere a person has removed or mostly changed the
vegetation, one shall detennine a wetland by the presence or evidence of hydric or organic soil
and other documentation of the previous existence of wetland vegetation such as aerial
photographs.
lVavdlot means a tTccd area of at least one-half aCTe, of which at least 25 percent of the ,,11'ea
includes large trees.
(Code 1982, * 9-188)
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S 12-250
MAPLEWOOD CODE
See. 12-250. Effect on density.
The city may reduce the maximum allowed density on that part only of the development
thai-\has a signiGcant natural feature, where such reduction would save all or part of a
Sign{r"\ant natural, feature. However, regardless of the requirements in this article, the
maxiIll\lIll allowed density shall not be reduced below 67 percent of the allowed density in thE:
city's lari~ use plan for multiple dwellings. The minimum lot size shall not be increased above
15,000 square feet for single dwellings. ..<\.ny required density r(~duction or increase in lot size
lllllst save \ significant natural feature. The city council may require the clustering of
dwellings in fl:{e form of townhouses, quads, apartments or similar uses, where it is necessary
to preserve Sig\~ficant natural features.
(Code 1982, S 9-189)
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,,,e. ".,"'-".,\ ""'":':"ON' ADMnITSTRATION
See. 12-277. Tree plan\equired.
A tree plan shall he reql~~d with any city application which would result in the loss of] arge
trees or all or paTt of a wood. t. This plan shall show the existing woodlot, ident.ify the sizes
and species of any large tTces. d indicate which tTces arc to be Tcmoved. The applicant shall
show on the tree plan and on th\ site the limits of proposed grading activity near a large tree
or woodlot to be preserved. Thes~rading limits shall not encroach upon the drip lines of the
trees to be preserved in the wood t. Cit)r staff may submit the plan to a tree expert for a
recommendation. Any costs shall be aid by the developer.
(Code 1982, S 9-190)
Sec. 12~278. Woodlot alteration per it.
(a) A woodlot alteration application Sl~\l be submitted to the director of community of
development for any alteration of a woodlot t.tlat is not reviewed in another application. The
applicant sbaH submit a tren plan and any oth~ information needed to determine compliance
with this article. Specific requirements shall be .'tated on an application form in the offiCE-; of
the director of community development. An appll ation fee shall be established by the city
council by resolution from time to time.
(h) The director nfcommunity development may ap ave a \\'oodlot alteration penuit which
complies with this article. The director's decision may be < ppcaled to the city council in \vTrting
by any affected party within ten days of the diTector1s wr ten decision.
(Code ]982, S 9-191)
The city may require conditions of approval to ensure compU' nee with thi.s article.
'-.
(Code 1982, ~ 9-192)
Sec. 12-279. Conditions of approvaL
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BUILDINGS AND BUILDING REGULATIONS
~ 12~;308
Secs. 12-280-12-306. Reserved.
DIVISION 3. APPROVAL STANDARDS
Sec. J2-307. Scope.
(a) Under this article all plans and the conduct of all grading, landscaping, structure
placement, and street routing shall be consistent with the city's comprehensive plan, and for
development in the Mississippi River Conidar Critical A..rea, the 11aple'ivood Critical Area
Plan.
(b) The proposed development shall not lessen existing public access to and along a
protected water.
(c) The proposed development shall he designE::d, constructed and maintained to avoid
causing:
(1) Erosion.
(2) Pollution, contamination or siltation of water bodies or storm sewers.
(3) Flooding.
(4) Groundwater contamination,
(5) Alteration of significant natural features.
(d) Development shall not substantially diminish the scientific, historical, educational,
recl'eationaI or aesthetic value of unique natural areas) plants and animals, which are
registered with the state as suchl and shall not substantially alter their reproductive cycles.
(e) Views of protected waters from buildings or public streets shaH not be impaired by the
placement of advertising signs,
(f) Where feasible, all new stormwater detention ponds shall be designed and constructed
to meet the Nationwide Urban Runoff Program (NURP) design criteria of removing at least 60
percent of the phosphorous. The engineer or desif,TJlcr may use the Walker pondnct model or
the Pitt pond model when designing storrnwatcr ponds, as noted by the rvIinnesota Pollution
Control Agency (MPCA) Protecting Water Qnality in Urban Areas manual. The applicant or
applicant1s engineer shall pTovide the city engineer with the necessary calculations to verifY
the pond design.
(Code 1982, 9 9-193; Od. No. SIl, 9 1,3-26-2001)
Sec. 12-308. Slopes.
fa) No development shall be permitted on existing slopes of 18 percent or greater which are
in diT€ct drainage to a protected water.
,.r",
\"Q:Vln arcus not in direct drainage to a protected water, no development shall be allowed on
existing slopes gTeater than 40 percent,
CD12,33
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~ 12-308
MAPLEWOOD CODE
(c) No development, whether or not in direct drainage to a protected water, shall be
permitted on land having an existing slope in excess uf 12 percent, unless the applicant proves
the follmving 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) lJ'he proposed development presents no danger of falling rock, mud, sediment from
erosion, 1..1prootcd 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 neal'by, compatible with the
view from historic areas, and compatible with surrounding architE)ctural features.
(4) The city engineer may require the developer to pTovide a soils engineer to certify the
stability of potentially unstable slopes.
(d) The basic charadeI' of natural slopes 01'25 percent 01' more in grade shall not be alteTed
without approval from the L"ity counciL The council shall base its decision on the fonowing:
(1) The degree of alteration of the slope; and
(2) The importance of the slope to the character of the area.
,/_.~, new structures and roads shan be placed no closer than,'lOfeet from~ll,b]u~,:,"'.':,
\7\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 construc-
tion or final development will not negativelyim pact slopes with a grade of 18 percent
01' gl'CatcT.
(4) AJl other structures, othcI' than buildings and roadway surf~H':CS, but including
retaining walls, shall meet the fonowing desi6lTI requirements:
a. Retaining wnns aT terrace contours in excess of four feet in ht:ight shall have a
fencc.
b. Construction materials shall be subject to community design review board
approval.
(D The requirement.." of this section shall not apply in the following situations:
(1) Where a slope has been substantially alte1'cd by prioT excavation or fining.
(2) ViThere a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side
to side).
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BUILDINGS AND BUlLIlTNG REGULATIONS
\1 12-310
(3) Where earth-sheltered homes are proposed.
(Code 1982, 9 9-194)
Sec. 12.309. Erosion control and soils.
(a) All 01'OS10n control, stormwater runoff, utility and similar structures shaH be designed
to be maintained and operated without requiring the crossing or operation of heavy mainte-
nance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of
eight percent. This requirement lllay be waived by the eity council where thc-ore is no other
alternative.
(b) Construction shall not be al10wed where there are soil problems, including but not
limited to soil-bearing strength, shrink/swell potential or excessive frost movementl unless
effective soil correction measures or building construction methods are approved by the
huilding ofliciaI.
(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 duTing construction, but only two tons per
acre per year when the site is adjacent to a water body, watercourse 01' storm sewer inlet, and
one-half ton per acre per year after construction activities are completed.
Cd) A development shall be located to minimize the removal ofvegetation and alteration of
the natural topography.
(e) Erosion protection measures shall make maximum use of naturall in-place vegetation,
rather than the placing of new vegetation on the site.
(Code 1982, S 9-195)
Sec. 12-310. Wetlands and streams.
(a) Findings and purposes. The findings and purposes of this section are as follows:
(l)"'\~tlandS serve a variety of beneficial functions. Wetlands maintain water quality,
reduce flooding and erosion, provide food and habitat for wildlife, provide open space
and ~,~ integral part ufthe city's environment. vVetlands arc an important physical,
education~l"ccological, aesthetic, recTcational and economic asset to the city. They are
critical to th~i.:t;ylS health, safety, and general "\ve1fare. Surrounding developmfmt may
degrade, pollute, celerate the aging of or eliminate wetlands. Regulating land use
around wetlands is t'l'cfore in the public interest.
(2) Streams are also significan dements of the city's hydrologic system. Streams flow into
wetlands and lakes, provide fo ct and habitat fot' wildlife, provide open space.. and are
an integral part of the city's envir ment. Like wetlands, streams are an important
physical, educational, ecolob:r:ical, aesth 'cl recreational and economic asset. Surround-
ing development may degrade, pollute or ~nago streams and, in turn, degrade other
surface waters downstream. Requiring buff~l'ecognizes that the surrounding up-
lands relate to the woodland and stream quality and [unction and, therefore, are in the
public interest.
CD12:35
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~~-~,"~.-.~~
EXECUTIVE ORDERS
Executive Order No. 79-19
.""
J1;1
,,>'
Continuing the Designation of the Mississippi River Corridor as a Critical
Area; Repealing Executive Orders No. 130, 130A, and 1308
I, Albert H. Quie, Governor of the State of Minnesota, by virtue of the authority vested in me by the
Critical Area Act of 1973, Minn. Stat. ch. 116G, hereby issue this Executive Order:
Whcrcas, by Executive Order No. 130, dated October 18, 1976, Wendell R. Anderson, Governor of
the State of Minnesota, pursuant to law designated the Mississippi River Conidor within the Twin Cities
Metropolitan Area a critical area for a period no longer than three years; and,
Whereas, in Execntive Order No. 130 it was established that the Mississippi River Corridor within
the Twin Cities Metropolitan Area:
1. Met all the criteria outlined in MEQC 52(b) to be designated a critical area.
2. Satisfied cel1ain characteristics outlined in MEQC 52(a) and Minnesota Statutes, Chapter 1 16G.
3. With unregulated development and uncoordinated planning would threaten the public interest.
4. With coordinated planning would achieve development as a multipurpose resource, resolve the
conflicts of use of land and water, preserve and, enhance its natural, aesthetic, cultural, and historical
value for the public use, and protect its environmentally sensitive areas; and,
I,'
;-,;
f!;'
/-
Whereas, by the enactment of Minn. Stat. !l 4.035, Executive Order No. 130 expires on March 31,
1979; and,
Whereas, GIere is a need to continue the designation of the Mississippi River Corridor within the
Twin Cities Metropolitan Area, a critical area under the terms and conditions of Executive Order No.
130;
Now, therefore, 1 order that:
1. The Mississippi River Corridor located within the Twin Cities Metropolitan Area continue to be
designated a critical area.
2. The boundaries of tbe Mississippi River Con-idol' Critical Area are delineated in the legal
description in the attached Appendices A and B that are incorporated into this Order.
3. TheStandards and Guidelines to be followed by local units of govemment, regional agencies and
state agencies in the preparation and adoption o(plaiis anClregulaii"ons for the Critical Area are attached
and incorporated hereby into this Order.
4. Tbe Interim Development Regulations to be followed in granting development permits during the
Interim Pcriod arc attached and incorporated hereby into this Order.
5. The Depat1ment of Natural Resources shall prepare the Scenic and Recreational Plan for the t-
Page 1680
STATE REGISTER, MONDAY, MARCH 12, 1979.
(CITE 3 S.R. 1600)
EXECUTIVE ORDERS
.
eight mile stretch of the liver corridor in, the Cities of Dayton and Ramsey. The Cities of Dayton and
Ramsey shall prepare regulations for the implementation of the plan and both the regulations and the plan
shall conform to the critical area standards and guidelines.
The DNR plan and the local regulations shall be submitted to the EQB for approval, and once
approval is granted, the critical area designation order for the eight mile stretch of the river corridor shall
lapse. At that time, the Department of Natural Resources shall assume management responsibilities under
the authority of the State Wild and Scenic River Act.
6. The State Planning Agency shall continue to determine and administer the amount of funds
needed for the preparation and adoption of plans and regulations.
7. The designation order for the remainder of the critical area corridor shall be effective for no
longer than three years from the date of the original order, pending final approval by the Legislature or
the Metropolitan Council.
This Order repeals Executive Orders No. 130, 130A, and 130B.
Pursuant to Minn. Stat. ~ 4.035 (1978), this order shall be effective 15 days after its publication in
the State Register and fi ling with the Secretary of State and shall remain in effect until it is resCinded by
proper authority or it expires in accordance with Minn. Stat. ~ 4.035 (1978), or until October 18,1979,
whichever is earliest.
.
In testimony whereof, I hereunder set my hand this 26th day of February, 1979.
II
Appendix A
Legal Description of the River Corridor
Thence east alone the north side of the NW quarter of the
SW quarter of Section 19 (T32N, R25W), to its intersection
with the center line of U,S. Highway 10;
Ramsey
Thence along said center line in a southeasterly direction
to the intersection with the north side of Section 30 (T32N,
R25W);
Commencing at the point where the west boundary line of
Anoka County intersects with lhe north bounuary line of
Hennepin County;
Thence eastward alone the nOJih side of Section 30 to the
NW comer of Section 29, (T32N, R25W);
.
Thence n01ih along said. Anoka County west boundary
line to the NW corner of the NW quarter of the SW quarter of
Section 19 (T32N, R25W);
Thence south along the west side of Section 29 to the SW
corner of the NW quarter of said Section 29;
(CITE 3 S.R. 1681)
STATE REGISTER, MONDAY, MARCH 12, 1979
Paga 1681
A
"1
h
Standards and Guidelines for Preparing Plans and Regulations
for the
Mississippi River Critical Area Corridor
from Executive Order 79-19
[at 3 State Register 1692-1697]
A. Purpose and responsibility
l. Purposes. The purposes of the eritical area designation and the following standards
and guidelines are:
a. To protect and preserve a unique and valuable state and regional resource for
the benefit of the health, safety and welfare of the citizens for the state,
region, and nation;
b. '1'0 prevent and mitigate irreversible damage to this state, regional, and
national resource;
c. To prcscrvc and enhance its natural, aesthetic, cultural, and historical value
tor the public use;
d. To protect and preserve the river as an essential element in the national, state
and regional transpOltation, sewer and water and recreational systems; and
e. To protect and preserve the biological and ecological llmetions ofthe corridor.
2. Responsibilitv. The standards and guidelines provided herein shall be:
a. Followed by the local units of government when preparing or updating plans,
and/or modi lying regulations;
b. Followed by state agencies, and regional agencies for permit regulation and
in developing plans within their jurisdiction;
c. Followed by the Metropolitan Council lor reviewing plans, regulations, and
development permit applications;
d. Followed by the Council for approving plans, regulations, and development
permit applications.
n. General guidelines for preparing plans and rcgnlations
l. The Mississippi River Corridor shall be managed as a multiple-purpose resource by:
a. Maintaining the river channel for transpOltation and providing and
maintaining barging and fleeting areas in appropriate locations consistent
with the character of the river and riverfront.
b. Conserving the scenic, environmental, recreational, mineral, economic,
cultural, and historic resources and limctions ofthc river corridor.
c. Providing for the continuation and the development of a variety of urban uses,
including industtial and commercial uses, and residential, where appropriate,
within the river corridor.
d. Utilizing certain reaches of the river as a source of water supply and as a
receiving stream for properly treated sewage and industrial waste effluents.
2. In order to manage the river conidor consistent with its natural characteristics and its
existing development, the following guidelines are established for each corridor
district:
a. Rural open space district. The lands and waters within this district shall be
used and developed to preserve their open, scenic and natural characteristics
and ecological and economic functions. Presently undeveloped islands shall
be maintained in their existing natural state. The transportation function of
the river shall be maintained and preserved.
b. Urban diversified district. The lands and waters within this district shall be
used and developed to maintain the present diversity of commercial,
industrial, residential, and public uses of the lands, including the existing
transportation usc ofthc river; to protect historical sites and areas, natural
sccnic and environmental resources; and to expand public access to and
enjoyment of the river. New commercial, industrial, residential, and other
uses may be permitted ifthey are compatible with these goals.
c. Urban developed district. The lands and waters within this district shall be
maintained largely as residcntial areas. The expansion of existing and
development of new industrial, eommercial, and other non-residential or non-
recreational uses shall be limited to preserve and enhance the residential
character ofthis district.
d. Urban open spaee distriet. The lands and waters within this district shall be
managed to conserve and protect the existing and potential recreational,
scenie, natural, and historic resources and uses within this district for the usc
and enjoyment of the surrounding region. Open space shall be provided in
the open river valley lands tor public use and the protection of unique natural
and scenic resources. The existing transportation role of the river in this
district shall be proteeted.
2
3. The Mississippi River Corridor shali be managed in accordance with the Metropolitan
Council,s development guide chapter, Critical Areas Act of 1973, and thc Minnesota
Environmental Policy Aet of 1973, and other applicable state laws, and federal laws.
C. Specific standards and guidelines for preparing plans and regulations
1. Each local unit of government within the river corridor sha11 prepare plans and
regulations to protect environmentally sensitive areas in accordance with the
fo11owing guidelines.
a. Each local unit of govermnent sha11, with the assist'illce ofthe Metropolitan
Council and state agencies:
(1) Identify and prepare an inventory of:
(a) floodplains,
(b) wetlands,
(c) slopes from 12% to 18% and over 18%,
(d) soils not suitable for urban development on-site waste disposal,
(e) significant vegetative stands, and
(f) natural drainage routes.
(2) Prepare a 1100dplain ordinanee if it does not have a 1100dplain
ordinance in cffect;
(3) Prcpare plans and regulations to protect wetlands;
(4) Prepare plans and regulations to protect blulls greater thau ] 8% and
to provide conditions for the development ofblllffs between 18% and
12% slopes;
(5) Prepare plans and regulations to minimize direct overland runoff and
improve the quality of runoff onto adjoining streets and watercourses;
(6) Prepare plans and regulations to minimize site alteration and for beach
and riverbank erosion control;
(7) Prepare regulations for management of vegetative cutting; and
(8) Prepare criteria for control of noise in open space and recreational
areas with assistance ofthe PCA.
J
2. Each local unit of govcrnment and state agency shall prepare plans and regulations
to protect and preserve the aesthetic qualities ofthe river corridor, which provide tor
the following considerations:
a. Site Plans. Site plans shall be required to meet the tollowing guidelines:
(1) New development and expansion shall be permitted only after the
approval of site plans which adequately assess and minimize adverse
effects and maximize beneficial effects.
(2) Site plans shall be required for all developments for which a
development permit is required, except for the modification of an
existing single-family residential structure or the construction of one
single-family residence.
(3) Site plans shall include, but not be limited to, the submission of an
adequate and detailed description ofthe project, including activities
undertaken to ensure consistency with the objectives of the
Designation Ordcr; maps which specify soil types, topography, and
the expected physical changes in the site as the result of the
development; the measures which address advcrse environmental
effects.
(4) Sitc plans shall include standards to ensure that structure, road,
screening, landscaping, construction placement, maintenance, and
storm water runoff are compatible with the character and use of the
river corridor in that district.
(5) Site plans shall provide opportunitics tor open space establishment and
for public viewing of thc river corridor whenever applicable, and
shall contain specific conditions with regard to buffering,
landscaping, and re-vegetation.
b. Structures. Structure site and location shall bc regulated to ensure that
riverbanks, bluffs and scenic overlooks rcmain in their natural state, and to
minimize interference with views of and from the river, cxcept for specific
uses requiring river access.
c. Clustering. The clustering of structures and the use of designs which will
reduce public facility costs and improve scenic quality shall bc encouraged.
The location of clustered high-rise structures may be proposed where public
serviccs are available and adequate and compatible with adjacent land uses.
d. Access Routes. Commercial and industrial developments adjacent to
roadways shall be required to provide otI-strect parking, service roads and
limited controlled access points to highways. (Except in cases of extreme
hardship, highway acccss tor any developmcnt within 250 teet of a bridge or
4
bridge ramp shall be prohibited.)
e. Existing Development. Local plans and regulations shall include provisions
to:
(I) Retain existing vegetation and landscaping;
(2) Amortize non-conforming uses;
(3) Prohibit the reconstruction of non-conforming uses which are 50%
market value destroyed;
(4) Provide for the screening of existing development which constitutes
visual intrusion, wherever appropriate.
f Signs. Local units of govemment shall adopt ordinances for the amortization
and removal of non-confanning general advertising signs, and to prohibit the
visibility of advertising signs from the river, except in Urban Diversified
Districts.
3. Local units of government shall develop plans and regulations to ensure that
developments shaH not be undertaken prior to the provision of Metropolitan public
facilities in adopted Metropolitan plans, in accordance with the following guidelines:
a. Developments in areas not scheduled for the provision of municipal or
metropolitan sanitary sewers shall comply with adequate on-site sewage
disposal system regulations.
b. The density of development outside the Metropolitan Urban Service Area
shall be limited to ensure that there is 110 need for the premature provision of
local and metropolitan urban services and facilities.
4. Local units of government shail develop plans and provide guidance to ensure that
the surface uses of the river is compatible with the characteristics and use of the
districts in accordance with the following guidelines:
a. The present 9- faot navigation channel shall bc maintained.
b. Provision shall be made for the use of the river for water transportation which
is consistent with adopted state and regional policies and regulations and
applicable federal laws and to minimize any adverse effects associated with
such facilities.
e. Local plans shall identify arcas physically suitable for barge slips and barge
fleeting, based on such considerations as safety, mruleuverability, operational
convenicnee, amount of construction and/or excavation rcc[uircd, and
environmental impacts; and
5
d. Local plans shall specify which ofthosc areas lound physically suitable may
be used for barge slips and barge fleeting areas in the future. Preference
should be given to those areas where new barge slips and associated facilities
can he elustered, where required metropolitan services arc already available,
and where use of the riverfront for barge slips and tleeting areas, and access
to them, is compatible with adjacent land use and public facilities.
e. Local plans shall identify, whenever practicable, locations where river dredge
spoil can be utilized consistent with natural geological appearances or
processes and adjacent land uses.
f. Where there is potential eontliet of surface use, state and local governments
shall enact appropriate water surface use regulation.
g. The Minnesota Energy Agency shall be responsible for recommending to the
EQC a strategy for the development of a coal transportation plan for the
metropolitan area.
5. Loealunits of government shall develop plans and regulations tor industrial and
commercial developments in the River Corridor in accordance with the following
guidelines:
a. Areas for new or expanded industrial and commercial developments, where
urban services are available, and the premature expansion or upgrading of the
Metropolitan systems will not be required, shall be identified.
b. The existing industrial waste discharge points, sanitary, and storm water
disehargc points shall be identitled.
c. Local plans should give consideration to providing for future industrial and
commercial uses that require water access including, but not limitcd to such
uses as, transportation, water supply & waste discharge. This docs not
preelude the locating of non-watcr relatcd uses within thc Corridor.
d. The impact of potential mining and extraction sites or other incompatible uses
shall be minimized.
e. Land reclamation and reforestation ofthe mining site shall be regulated.
6. Local units of government and regional and state agencies shall develop plans and
regulations to maximize the creation and maintenance of open space and recreational
potential of the Corridor in accordance with the following guidelines:
a. Existing and potential sites for the following uses shall be identified and
inventoried.
6
(l) Neighborhood, municipal, county and regional parks;
(2) Scenic overlooks, scenic views, and public observation platforms;
(3) Protected open space areas, including islands, gorges, wildlife
preservation areas, and natural areas;
(4) Beaches and undeveloped river frontage on backwaters, which are
suitable for recreation purposes;
(5) Commercial marinas and boat launching facilities;
(6) Public access points to the river;
(7) Historic sites and districts.
b. 'TIle Metropolitan Council shall prepare a general trailway plan for the entire
length ofthe River Corridor which links regional parks.
c. Local units of govcmment shall identiJY the potential location of trails within
their jurisdictions, including rclated problems and proposed solutions.
d. Plans and programs to acquire sites for public access to the river and to protect
open space areas shall be developed.
e. Programs to acquire and manage undeveloped islands in their natural state and
to encourage the restoration of other islands for recreation open space uses
shall be adopted.
f. In the development of residential, commercial and industrial subdivisions, and
planned development, a developer shall be required to dedicate to the public
reasonable portions of appropriate riverfront access land or other lands in
interest tberein.
In the event of practical difficulties or physical impossibility, the developer
shall be required to contribute an equivalent amount of cash to be used only
tor the acquisition ofland for parks, open space, storm water drainage areas
or other public services within the River Corridor.
7. Local units of govel11ment and state agencies shall develop plans and regulations tor
transportation and public utilities developments in accordance with the following
guidelines:
a. Existing and potential utility and transportation facility crossings shall be
identified and river crossings shall be minimized and concentrated at existing
crossings where possible.
7
b. The Corridor shall not be used merely as a convenient right-of-way and new
or modified transportation and utility facilities shall complement the planned
land and water uses and shall not stimulate incompatible development.
c. In planning and designing the construction or reconstruction of all public
transportation facilities which occur within the river corridor, consideration
shall be given to the provision of scenic overlooks for motorists, safe
pedestrian crossings and facilities along the River Corridor, access to the
riverfront in public ownership and reasonable use of the land between thc
river and the transpOltation facility.
8. Local units of government and regional and state agencies shall develop capital
improvement programs which are consistent with the following guidelines:
a. A five year capital improvcment program or public facilities program shall
be developed which covers all public projects to be sited in the corridor.
b. The capital improvement program or public facilities progrmn shall spccify
thc scquence of actions to be undertaken by each public agcncy and shall be
consistent with the standards and guidelines in Section Band C.
9. Local units of government shall reassess all lands in the River Corridor in accordance
with the following guidelines:
a. Local units of government shall send copies of adopted plans and regulations
and amendments of plans and regulations to appropriate municipal and
county assessors within 30 days aiter adoption.
b. Municipal and county tax assessors shall reassess all lands in the Mississippi
River Corridor for consistency with adopted plans and regulations within one
year of receipt of adopted plans ti'om local units of government.
10. Local units of government and regional mld state agencies shall prcpare plans and
regulations in accordance with the natural characteristics and the character of existing
development in the River Corridor in accordance with the following guidelines:
a. Local units of government and regional and statc agencies shall prepare plans
and regulations llsing the district boundarics as described in the Intcrim
Development Regulations as guidelines, in accordance with the purpose of
eaeh district as dcscribed in the general guidelines Section B.
b. The City of St. Paul shall prepare plans and regulations to balancc open space
usc and industrial and commercial developments for the Pigos Eye Lake area.
c. Local units of governmcnt may prepare modifications of thc usc districts
boundaries as described in the interim development regulations if local units
of government demonstrate to the EQC in plans and supporting documents
8
the consistency ofthe proposed modification with the general guidelines.
11. Local units of goverm11ent, regional agencies and statc agencies shall provide
adequate oppOliunities for public participation in the preparation of plans and
regulations.
D. Reviewing plans and regulations
1. The Metropolitan Council shall be the lead agency to coordi!lllte the preparation,
submission, review and modification ofland use plans, zoning ordinances, zoning
amendments, capital improvement programs and other regulations, specified in
section C, which are prepared by local units of government, regional and state
agencies.
2. Local units of government and regional agencies shall submit existing, modified or
prepared plans and regulations that comply with the designation order to the
Metropolitan Council within six months of notice ofthc order of designation. The
EQC shall review the state plans and regulations and torward the appropriate sections
to the Metropolitan Council.
3. The Metropolitan Council shall review the plans, regulations, and capital
improvement programs prepared by local units of governments, regional and state
agencies for consistency with regional objectives and with the order of designation.
Within 45 days of receiving the plans and regnlations, the Metropolitan Council shall
submit its written evaluation to the EQC. Upon a request from the Metropolitan
Council, the EQC may grant 30 days time extensions when the EQC determines that
the Metropolitan Council has satisfactorily demonstrated that it requires more time
tor review.
4. The EQC shall review all plans and regulations prepared tor the Mississippi River
Con'idor, within 45 days of receiving the plans and regulations from the Metropolitan
Council. The EQC shall determine whether they are consistent with the provisions
ofthe order of designation. When the EQC has completed the review, it shall either:
a. Approve the plans and regulations by a written decision and notify the local
nnits of government and regional and state agencies, and the Metropolitan
Council; or
h. Return them to the local units of governments, regional and state agencies,
and the Metropolitan Council for modification with a written explanation of
the nced for modification.
5. Within 45 days of EQC,s approval of the plans and regulations, local units of
government, regional and state agencies shall adopt the approved plans and
regulations, and shall notify the EQC.
9
E. Updating and re-evalnation of plans and regutatiolls
1. Local units of government or regional and state agencies may amend their plans and
regulations that have been approved by the EQC by resubmitting the plans and
regulations with any recommended ehangcs thereto, to the EQC for consideration.
2. Two years aftcr EQC,s initial approval ofthe plans and regulations, local units of
government and regional and state agencies shall resubmit their plans and regulations
with any recommendcd changes thereto, for review and approval by the EQC.
3. Amendments to plans and regulations shall become etTective only upon the approval
thereof by the EQC in the same manner as for approval of the original plans and
regulations as stated in section D.
F. Development permits
I. If no plans and regulations have been adoptcd under the provisions of Section D,local
units of government and rcgional and state agencies shall grant a developmcnt penn it
only if:
a. The development is specifically permitted by the Interim Development
Regulations;
b. The development is essential to protect the public health, safety, or welfare
because of an cxisting emergency; or
e. The registration, rccordation, permit, or authorization ofthe development was
issued prior to thc date oflegal notice of the EQC public hearing provided in
Minn. Reg. MEQC 53(3).
2. When plans and regulations have been adopted under the provisions of section D,
local units of government, regional and state agencies shall pelmit development only
in accordance with those plans and regulations.
G. Notification of the development permits to the EQC
1. Local units of govcrnment, and regional and state agencIes shall prepare
administrative procedures for permit notification as a part of their plans and
regulations. The local units of govcrnment, regional and state agencies shall notify
the EQC of all the developments requiring discretionary actions under their rulcs and
regulations at least 30 days before taking action on the application, unless the EQC
informs the local unit of government and regional and statc agencies in writing that
the EQC need not be notified of certain types of applications.
2. Local units of government and regional and state agencies shall prepare procedures
to notify the EQC of thcir final action on the development permits which requirc
discretionary action.
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