(A) Intent. It is the intent of this section to implement the environmental review procedures to follow the provisions of M.S. Ch. 116D, as it may be amended from time to time, relating to the Environmental Review Program, and any rules adopted under that chapter by the State Environmental Quality Board. All terms used in this section shall have the same meaning as the terms used in M.S. Ch. 116D, as it may be amended from time to time. The provisions of the rules for the Environmental Review Program are adopted and are on file in the Zoning Administrator’s office.
(B) Cost of preparation and review.
(1) The applicant for a permit for any action for which environmental documents are required either by state law or rules or by the City Council shall supply all unprivileged data or information reasonably requested by the city that the applicant has in his or her possession or to which he or she has reasonable access.
(2) The applicant for a permit for any action for which an environmental assessment worksheet (EAW) is required, either by state law or rules or by the City Council, shall pay all costs of preparation and review of the EAW and, upon the request of and in the manner prescribed by the city, shall provide all necessary data and research to prepare a draft EAW.
(3) The city and the applicant for a permit for any action for which an environmental impact statement (EIS) is required shall comply with the provisions of the rules governing assessment of cost for environmental impact statements, one copy of which is on file in the office of the Zoning Administrator, unless the applicant and the City Council provide otherwise by a written agreement.
(4) No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied, and until the environmental review process has been completed as provided in this chapter and the rules adopted by reference by this chapter, and pursuant to any written agreement entered into by the applicant for the permit or permits and the City Council.
(5) The applicant for a permit for any action for which an EAW or EIS is required and the City Council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS.
(C) Administration.
(1) The Zoning Administrator shall be the person responsible for the administration of the environmental review program, this section, and rules adopted by reference by this section.
(2) The Zoning Administrator shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory. The Zoning Administrator shall also determine those proposed actions for which an optional EAW may be required under the provisions of this chapter and shall notify the Planning Commission and the City Council of these proposed actions.
(3) All EAWs and EISs shall be prepared under the supervision of the Zoning Administrator, reviewed by the Planning Commission, and reviewed and approved by the City Council.
(4) When reviewing an EAW or EIS, the Zoning Administrator and the Planning Commission may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action.
(5) After an EAW is prepared, the Planning Commission shall review the EAW and recommend to the City Council whether or not it should require the preparation of an EIS. The City Council shall require an EIS when it finds under state rules that an action is major and has potential for significant environmental effects.
(D) Discretionary or optional EAW. The Planning Commission may, upon recommendation by the Zoning Administrator, require that an optional EAW be prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required:
(1) Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing?
(2) Is the action likely to have disruptive effects such as generating traffic and noise?
(3) Are there public questions or controversy concerning the environmental effects of the proposed actions?
(4) A four-fifths vote of the controlling authority shall be required to order a discretionary EAW.
(E) Enforcement. No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this chapter are completed. No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this chapter are fully complied with.
(Prior Code, § 13.10)