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HomeMy WebLinkAboutNo 962 Reconfiguring the City's Environmental Chapters Ordinance 962 An Ordinance Reconfiguring the City’s Environmental Chapters The Maplewood City Council approves changes to the Code of Ordinances pertaining to environmental chapters. This ordinance amends and reconfigures Chapter 38 (Trees), Chapter 12(Buildings and Building Regulations), and Chapter 18 (Environment) as follows: Section 1.This section reflects the new Chapter 18 (Environment) outline. Chapter 18 (ENVIRONMENT) Article I.In General Article II.Nuisances Article III.Erosion and Sedimentation Control Article IV.Air Pollution Control (Article V through VIII are moved to the new Article V \[Environment and Natural Resources\]) Article V.Environment and Natural Resources (Div. 1-8are moved from other areas of the Code including Chapters 12, 18 and 38) Division 1. Generally Division 2.Wetlands and Streams Division 3. Trees Division 4. Stormwater Management Division 5. Renewable Energy Division 6. Flood Plain Overlay District Division 7. Slopes Division 8. Mississippi Critical Area Section 2.This section removes Chapter 38 (Trees) in its entirety. Portionsof Article 2(Shade Tree Disease Control) have been moved to Chapter 18 (Environment) and revised as noted in Section 4below. Section 3.This section removes Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area) in its entirety. Portions of this Article have been moved to Chapter 18 (Environment) as noted in Section 4 below. Section 4.This section revises Chapter 18 (Environment) to include: 1.A new outline and reordering of Articles and Divisions within Chapter 18; 2.Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), Sections 12-247 and 12-248 (Purpose and Applicability)to include moving to Chapter 18, Article V, Division 1 (Generally). 3.Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), Sections 12-310 through 12- 336 (Wetland and Streams)to include moving to Chapter 18, Division 2 (Wetlands and Streams). 4.Revisions to Chapter 18(Environment), Article V (Environmental Preservation and Protection of Trees and Woodlands) to include moving to Chapter 18, Article V, Division 3 (Trees) and revising the language. 5.Revisions to Chapter 18 (Environment), article VII (Stormwater Management) to include moving to Chapter 18, Article V, Division 4 (Stormwater Management). 6.Revisions to Chapter 18 (Environment), Article VIII (Renewable Energy Systems)to include moving to Chapter 18, Article V, Division 5 (Renewable Energy). 7.Revisions to Chapter 18 (Environment), Article VI (Floodplain Ordinance) to include moving to Chapter 18, Article V, Division 6 (Flood Plain Overlay District). 8.Revisions to Chapter12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), portions of Section 12-249 (Definitions), all of Section 12-308 (Slopes), and all of Section 12-309 (Erosion Control and Soils) to include moving to Chapter18, Article V, Division 7 (Slopes and Erosion Control). 9.Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), portions of Section 12-249 (Definitions), all of Section 12-307 (Scope) to include moving to Chapter 13, Article V, Division 8 (Mississippi Critical Area and Slopes). Chapter 18 ENVIRONMENT Article I. In General Sec. 18-1-18-25. Reserved. Article II. Nuisances Division 1. Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Sec. 18-32Nuisances affecting morals and decency. Sec. 18-33Nuisances affecting peace and safety. Sec. 18-34Enforcement of article generally. Sec. 18-35Continuing violations. Sec. 18-36Notice to abate. Sec. 18-37Abatement by council. Sec. 18-38Abatement on premises. Sec. 18-39Violations of article. Sec. 18-40Loitering. Sec. 18-41-18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner andlien holders. Sec. 18-75Reclamation by owner or lien holder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of pound keeper. Sec. 18-78Bond of pound keeper. Sec. 18-79Insurance of pound keeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86-18-110. Reserved. Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114-18-120. Reserved. Division 4.Clandestine Drug Lab or Chemical Dump Site Sec. 18-121Purpose and intent. Sec. 18-122Definitions. Sec. 18-123Declaration of property asapublic health nuisance. Sec. 18-124Law enforcement notice to other authorities. Sec. 18-125Seizure of property. Sec. 18-126Action by city environmental health official. Sec. 18-127Responsibilities of owner. Sec. 18-128Owner’s responsibility for costs. Sec. 18-129City authority to initiate cleanup and recovery costs. Sec. 18-130Authority to modify or removedeclaration of public heath nuisance. Sec. 18-131Penalties. Sec. 18-132-18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-141Purpose. Sec. 18-142Scope. Sec. 18-143Definitions. Sec. 18-144Erosion and sediment control plan. Sec. 18-145Review of plan. Sec. 18-146Modification of plan. Sec. 18-147Escrow requirement. Sec. 18-148Enforcement; penalty. Sec.18-149-18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required starting fire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.EnvironmentandNatural Resources Division 1. Generally. Move Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), Sections 12-247 and 12-248 (Purpose and Applicability) to this Division. Language as follows: Purpose. The purpose of this article is to protect significant natural features which: 1.Preserve the natural character of neighborhoods. 2.Protect the health and safety of residents. 3.Protect water quality. 4.Prevent erosion or flooding. 5.Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. Applicability. 1.This article shall apply to any person or use that would alter a significant natural feature. 2.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 350 feet of the site shall be notified at least ten days before the hearing. Division 2. Wetlandsand Streams. Move Chapter 12, Article VII, Sections 12-310 to 12-336 (Wetlands and Streams) to Chapter 18, Division 2 (Wetlands and Streams) to this Division in its entirety. Division 3. Trees Revisions to Chapter 18, Article V (Tree Protection) to include moving to Chapter 18, Article V (Environmental Protection and Natural Resources), Division 3 (Trees) and revising the language as shown below. Also, revisions to Chapter 38 (Trees), Article II (Shade Tree Disease Control) to include moving to Chapter 18, Article V, Division 3 (Trees) and revising the language as shown below. Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures, reduce cooling costs, increase property values, provide scenic beauty, provide sound and visual buffers, and provide screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city thereby promoting and protecting public health,safety,and welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree preservation and protection regulations to assure the continuance of significant and specimen trees and woodlands for present and future generations which: 1.Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2.Ensure the health and wellbeing of Maplewood’s urban forest. 3Protect the health and safety of residents. 4.Protect water quality and minimize storm water runoff. 5.Help prevent erosion or flooding. 6.Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 7.Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from treeremoval. 8.Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9.Promote the planting of trees as outlined in the city’s Living Streets Policy. Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicantmeans developer, builder, contractor, or owner who applies for a woodlot alteration, land use, grading, or building permit. Caliper inchis a measurement used fornursery stock and in this ordinance refers to replacement trees. It is the unit of measurement for defining the diameter of the tree trunk measured six (6) inches above the soil surface for tree trunks four (4) diameter inches or less and measured twelve(12) inches above the soil surface for tree trunks greater than four (4) diameter inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forestermeans a forester who is employed by the city or appropriate agent or independent contractor designated by the city manager. Conifer Tree means a woody plant that is a member of the division Pinophyta and at maturity is at least twelve (12) feet or more in height. Conifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one conifer in our climate that drops its needles in the fall. Controlincludes measures to prevent,slow the spread, suppress, eradicate, or destroy a shade tree disease or pests. Deciduous Treemeans a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter is a measurement used for trees in the landscape. It is the diameter of a tree trunk as measured at a height of four and one-half (4.5) feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one-half (4.5) feet above ground and divide by 3.14. Environmental and Economic Development Department (EEDD) Director means the EEDD Director or an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city manager. Hardwood Deciduous Tree means all deciduous tree species except those listed as softwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and the city forester determines that such failure could cause property damage or personal injury. Invasive Speciesare species that are not native to Minnesota and cause economic or environmental harm or harm to human health. Major Home Additionmeans an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Minor Home Addition means an addition ona single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Native Prairiemeans a landscape or planting that consists predominantly of grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Shade Treemeans a woody perennial that at maturity is at least fifteen (15) feet in height and grown primarily for aesthetic or environmental purposes. ShadeTree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the city council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in diameter for softwood deciduous trees, and specimen tree. Buckthorn or other noxiouswoody plants or trees as determined by the EEDD Director are not considered a significant tree species at any diameter. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten (10) years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Preservation Planis a plan that shows all trees in the area to be developed or within the property. The plan shall include all significant and specimen trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree removal, mitigation, and replacement section of this ordinance and a proposed re-forestation landscape plan. The plan shall be developed by a forestry or horticultural professional whose qualifications are approved by the EEDD Director. Tree Standardsis a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede city ordinances. Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Wetlandas defined in the city’s wetland ordinance. Woodlotmeans a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant and/or specimen tree(s). Sec. 3. Standards. The EEDD Director and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4. Woodlot Alteration. 1.Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the EEDD Director for review prior to removal of any significant or specimen living trees on a woodlot that is not reviewed by another land use, grading, or building permit. The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the EEDD Director. An application fee shall be established yearly by the city council by resolution. Failure to submit a woodlot alteration permit application and gain subsequent approval prior to removal of significant and specimen trees will result in the total tree replacement for the property as outlined in the tree removal, mitigation, and replacement section to assume that all trees removed were significant and specimen trees. 2.Woodlot alteration permit appeal process. If the woodlot alteration permit is denied by the EEDD Director, the applicant may appeal the EEDD Director’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city in writing within fifteen (15) days of the EEDD Director’s written decision to deny the permit. The environmental and natural resources commission will review the appeal at its next available commission meeting. If the environmental and economic development commission denies the appeal, the applicant may appeal the environmental and economic development commission’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city within fifteen (15) days of the environmental and natural resources commission’s decision. The city council will review the appeal at its next available city council meeting for final decision of the appeal. Sec. 5. Tree Preservation Plan. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. 1.Tree preservation plan applicability. a.This ordinance shall apply to any applicant that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions. This includes all sites of new or redevelopment that contain significant and specimen trees or woodlots. Platting and adding new roadway and right-of-way are subject to this ordinance. b. The following are exceptions and are exempt from the requirements of the tree preservation plan: 1)Minorhome additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 2)Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. 3)Emergency removalof a tree(s) to protect public health. 4)Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. 5)Commercial tree nursery and landscape operations. 6)Removal of dead or dying trees, unless those trees were planted as part of tree replacement in which case they shall be replaced based on the approved plan. 7)Removal of nonnative trees that the city deems invasive species. 2.Tree preservation and safeguarding tree measures. a.All developments within the city shall be designed to preserve significant and specimen trees and woodlots, where such preservation would not adversely affect the public health, safety, or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant and specimen trees subject to the limitations as defined in this ordinance. This decision shall be based on, but not limited to, the following criteria: 1)Size of trees. 2)Size of lot. 3)Species, health, and attractiveness of the trees, including: a)Sensitivity to disease. b)Life span. c)Nuisance characteristics. d)Sensitivity to site grading. e)Potential for transplanting. f)Need for thinning a woodlot. g)Effects on the functioning of a development. h)Fragmentation of wooded area and effects on wildlife corridors. i)The public health, safety, and welfare. j)Effect on wetlands and/or watershed. k)Native prairie or oak savanna habitat. b. If any significant or specimen tree designated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the EEDD Director or city forester that the damaged tree(s) will not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree replacement outlined in the tree removal, mitigation, and replacement section below. 3.Tree removal, mitigation, and replacement. a.Tree removal calculation: If less than twenty percent (20%) of the total significant or specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant and specimen tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant and specimen tree diameter inches are removed, applicant shall mitigate all significant and specimen diameter inches using the tree mitigation/replacement schedule in accordance with the following formulas: A = Total diameter inches of significant trees lost as a result of the land alteration (includes significant and specimen trees) B = Total diameter inches of significant trees situated on the property (includes significant and specimen trees) C = Tree replacement constant (1.5) * D = Total diameter inches of specimen trees saved E = Replacement trees (number of caliper inches) \[((A/B -0.2) x C) x A\] –\[D/2\] = E * Applicant receives credit for each one (1) diameter inch of specimen tree saved at a rate of ½ (.5) diameter inches. Example A = 94 B = 234 C = 1.5 D = 28 E = 14 caliper inches \[((94 /234 –0.2) x 1.5) x 94\] –\[28/2\] = 14 caliper inches The trees required to be replaced pursuant to this ordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b.Tree mitigation: Once the total caliper inches for replacement trees are determined, theapplicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree replacement requirements as outlined in the Tree Standards and tree preservation plan. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the EEDD Director can approve tree replacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit. c.Tree replacement requirements: The applicant shall follow tree replacement requirements as outlined in the Tree Standards. d.Tree replacement escrow: The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit, as outlined in the Tree Standards. Sec. 6. Diseased and Hazardous Trees. 1.Findings and declaration of purpose. The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees can cause property damage or personal injury. The loss of trees, ill health of trees, or presence of hazardous trees on public and private property depreciates the value of property within the city and impairs the safety and general welfare of the public. In addition to, and in accordance with, Minnesota Statutes, sections 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 2. Declaration of a shade tree pest. The EEDD Director or city forester may declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest as defined by Minnesota Statute, section 89.001. 3.Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4.Inspection. a.The EEDDDirector and city forester shall have the ability and authority to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. b.The EEDD Director and city forester may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5.Abatement of shade tree pest nuisances. a.The EEDD Director or city forester shall notify in writing the owner of record or occupant of the premise that a public nuisance exists. The notice shall specify the measures to be taken to abate the nuisance and shall specify that the nuisance shall be abated within a reasonable amount of time, not less than ten (10) days from the date of mailing. b.If the owner fails to comply with the removal or control measures specified for the hazard tree, infested tree, or wood on his/her property as outlined in this ordinance and the Tree Standards, and within the time specified, the EEDD Director or city forester may order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner. If the bill is not paid within thirty (30) days, the city shall assess the costs to the property. 6.High-cost abatement. If the cost of abating a nuisance from a shade tree pest will exceed five thousand dollars ($5,000) in a given year or in two consecutive years, based on a reasonable, good faith estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearing as outlined in the Tree Standards. This does not apply to hazardous trees. 7.Emergency abatement. Nothing in this ordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Sec. 7. Enforcement. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use, building, and grading permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city reserves the right to inspect the site or property at any reasonable time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. Division 4. Stormwater Management. Move Chapter 18, Article VII (Stormwater Management) to this Division in its entirety. Division 5. Renewable Energy. Move Chapter 18, Article VIII (Renewable Energy) to this Division in its entirety. Division 6. Flood Plain Overlay District Move Chapter 18 (Environment), Article VI (Floodplain Ordinance) to this Division in its entirety. Division 7. Slopes and Erosion Control Move Chapter 12, Article VII, Division VII, portions of Section 12-249 (Definitions), all of Section 12-308 (Slopes), and all of Section 12-309 (Erosion control and soils) to this Division. Language as follows: Definitions. Direct drainagemeans drainage into a protected water without an intervening pond or wetland. Erosionmeans the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Pipelinemeans an underground line ofpipe 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 wallmeans a structure utilized to hold a slope in a positionin which it would not naturally remain. Sedimentmeans suspended matter carried by water, sewage or other liquids. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substationmeans any utility structure, other than lines, pipelines, poles or towers. Terracemeans a relatively level area bordered on one or more sides by a retaining wall. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetationmeans all plant growth, especially trees, shrubs, mosses or grasses. Water bodymeans any lake, stream, pond, wetland or river. Slopes 1.No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. 2.In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 3.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: a.Controls and protections existuphill 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. b.The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c.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. d.The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 4.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: a.The degree of alteration of the slope; and b.The importance of the slope to the character of the area. 5.All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: a.Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. b.The construction of aboveground pumping stations. c.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. d.All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1)Retaining walls or terrace contours in excess of four feetin height shall have a fence. 2)Construction materials shall be subject to community design review board approval. 6.The requirements of this section shall not apply in the following situations: a.Where a slope has been substantially altered by prior excavation or filling. b.Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). c.Where earth-sheltered homes are proposed. Erosion control and soils. 1.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. 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 to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 4.A development shall be located to minimize the removal of vegetation and alteration of the natural topography. 5.Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Division 8. Mississippi Critical Area and Slopes. Move Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), portions of Section 12-249 (Definitions), all of Section 12-307 (Scope) to this Division. Language as follows: Definitions. Blufflinemeans a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical areameans the Mississippi River Corridor Area bounded by Carver Avenue, I- 494 and the city limits. Protected water,formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Significant water bodymeans a water body shown on the city drainage plan or a water body over one acre in area. Structuremeans any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant naturalfeaturemeans a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slopemeans a natural slope of 25 percent or more grade over anarea at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Generally. 1.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 Corridor Critical Area, the Maplewood Critical Area Plan. 2.The proposed development shall not lessen existing public access to and along a protected water. 3.The proposed development shall be designed, constructed and maintained to avoid causing: a.Erosion. b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 4.Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 5.Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. The Maplewood City Council approvedthis ordinance on December 21, 2015.