(A) No zoning, building permit, structure, or land use, variance, or ordinance amendment shall be approved prior to review by the Zoning Administrator to determine the necessity for completion of a Minnesota Environmental Assessment Worksheet (EAW) as required by the Minnesota Environmental Quality Board Regulations.
(Prior Code, Ch. 300 § 512.01)
(B) The purpose of an EAW is to assess rapidly, in a worksheet format, whether a proposed action is a major action with the potential for significant environmental effects, or in the case of a private action, whether it is of more than local significance.
(Prior Code, Ch. 300 § 512.02)
(C) Projects which shall be required to file a mandatory Environmental Assessment Worksheet (EAW) shall include:
(1) Construction of a new industrial park or more than 320 acres in size;
(2) Construction of a facility or integral group of facilities with at least 250,000 square feet of commercial or retail floor space or 175,000 square feet of industrial floor space, or a mixture of commercial, industrial and retail floor space totaling 250,000 square feet, unless located in an industrial park for which an EIS has already been prepared;
(3) Any industrial, commercial, or residential development of 40 or more acres, any part of which is within a floodplain, as defined by the Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota;
(4) Construction of a commercial or industrial development, any part of which is within a shoreland area (as defined by M.S. § 105.484, as it may be amended from time to time, covering 20,000 or more square feet of ground space, not including access roads or parking spaces, and located on a parcel of land having 1,500 feet or more of shoreland frontage;
(5) Construction of a facility that generates more than a maximum of 2,500 vehicle trips per hour or a maximum of 12,500 vehicle trips per 8-hour period;
(6) Construction or opening of a facility for mining gravel, other nonmetallic minerals, and fuels involving more than 320 acres;
(7) An action that will eliminate or significantly alter a wetland of Type 3, 4 or 5 (as defined in United States Department of Interior, Fish and Wildlife Service, Circular 39, "Wetlands of the United States, 1956") of 5 or more acres either singly or in a complex of 2 or more wetlands;
(8) Any marina and harbor project of more than 20,000 square feet of surface area;
(9) Construction of a new or additional residential development that includes 100 or more units in an un-sewered area or 500 or more units in a sewered area;
(10) Construction of a residential development consisting of 50 or more residential units, any part of which is within a shoreland area;
(11) Construction of a development consisting of condominium type campgrounds, mobile home parks, or other semi-permanent residential and/or recreational facilities, any part of which is within a shoreland area exceeding a total of 50 units or, if located in areas other than above, exceeding a total of 100 units; and
(12) Conversion of 40 or more contiguous acres of forest cover to a different land use.
(Prior Code, Ch. 300 § 512.03)
(D) An option EAW may be required by the City Zoning Administrator or City Council or by any project applicant on any proposed action to determine if the project has the potential for significant environmental effects or if the project is of more than significance, provided any of the following situations exist:
(1) The proposed project is in or near an area recognized in the City Comprehensive Plan as being environmentally sensitive due to steep slopes, bluffline exposed bedrock, floodplain or wetlands, streams or drainage areas, groundwater, erodible soils, prime agricultural soils, or unique vegetation;
(2) The proposed project is in or near an area of natural aesthetics, scenic views, delineated critical area or unique natural beauty as recognized by the Comprehensive Plan, Planning Commission or City Council;
(3) The proposed project significantly alters existing traffic patterns or increases the noise level on the roads or streets by more than 10%;
(4) The proposed project is adjacent to or near a public recreation land or facility and alters or increases use, noise levels, traffic, or degrades air quality or natural aesthetics as viewed from the facility;
(5) The project proposed is the construction of a new industrial park of over 100 acres in size;
(6) The proposed project is the construction of a facility or integral group of facilities with at least 100,000 square feet of commercial or retail floor space or at least 100,000 square feet of industrial floor space, or a mixture of commercial, industrial, and retail floor space totaling at least 100,000 square feet, unless located in an approved area for which an EIS has already been prepared;
(7) The proposed project is construction or opening of a facility for mining and/or processing of gravel, sand, other nonmetallic minerals and fuels involving more than 50 acres; or
(8) The proposed project involves the construction of new or additional residential subdivisions that include 50 or more lots in an unsewered area.
(Prior Code, Ch. 300 § 512.04)
(E) The City Zoning Administrator or City Council shall cause to be prepared an Environmental Assessment Worksheet which is mandatory or optionally required. The project proposer shall provide to the Zoning Administrator a draft worksheet. Pursuant to Minn. Administrative Rule 4410.100, as it may be amended from time to time, if the Zoning Administrator determines the proposer's submittal is complete, the Zoning Administrator shall notify the proposer of the acceptance of the submittal within 5 days. If the Zoning Administrator determines that the submittal is incomplete, the Zoning Administrator shall promptly return the submittal to the proposer for completion of the missing data. If the Zoning Administrator cannot complete the EAW because of time or interest conflicts, the Zoning Administrator may utilize professional consultants to gather necessary information and to complete the worksheet.
(Prior Code, Ch. 300 § 512.05)
(F) Upon completion of the worksheet, the Zoning Administrator shall write a recommended finding from the worksheet on whether or not there are significant environmental effects or effects of more than local significance which shall require a Minnesota Environmental Impact Statement.
(Prior Code, Ch. 300 § 512.06)
(G) The Zoning Administrator shall submit the Environmental Assessment Worksheet and the Administrator's recommendation finding to the Planning Commission at its next regular meeting or special meeting before the next regularly scheduled City Council meeting. After reviewing the Zoning Administrator's written findings, the Planning Commission shall recommend to the City Council whether or not there are significant environmental effects from the project to require the writing of an impact statement. The Planning Commission may hear appeals of the Zoning Administrator's recommendation at this meeting.
(Prior Code, Ch. 300 § 512.07)
(H) Within 30 days from notification of the proposer's acceptance, the City Council shall have reviewed any appeals, the Zoning Administrator's written finding, and the Planning Commission recommendation and shall have forwarded its final decision on the necessity for preparing an Environmental Impact Statement to the Minnesota Environmental Quality Board to be officially published in the Environmental Quality Board Monitor. The City Council shall not be responsible for the completeness and accuracy of all information.
(Prior Code, Ch. 300 § 512.08)
(I) (1) Copies of the Zoning Administrator's written findings on the worksheet and the City Council's final decision shall be distributed, within 5 days of the approval, to:
(a) Each member of the EQB board;
(b) The proposer of the project;
(c) The U.S. Corps of Engineers,
(d) The U.S. Environmental Protection Agency,
(e) The U.S. Fish and Wildlife Service;
(f) The State Historical Society;
(g) The Environmental Conservation Library;
(h) The Legislative Reference Library;
(i) The Regional Development Commission and regional development library for the region of the project site;
(j) The local governmental unit within which the project will take place;
(k) The representative of any petitioners pursuant to Minn. Administrative Code 4410.1100, as it may be amended from time to time; and
(l) Any other person upon written request.
(2) The Zoning Administrator shall also submit an affidavit certifying the date and places copies of the worksheet were submitted.
(Prior Code, Ch. 300 § 512.09)
(J) Within 5 days of the date of submission of the EAW to the EQB staff, the City Council shall provide a press release, containing notice of the availability of the EAW for public review, to at least 1 newspaper of general circulation within the area where the project is proposed. The press release shall include the name and location of the project, a brief description of the project, the location at which copies of the EAW are available for review, the date the comment period expires, and the procedures for commenting. The City Council shall also publish legal notice or advertisement, which includes that which must be included in the press release, of the availability of the EAW additionally if the proposer requests and agrees to pay for the notice or advertisement.
(Prior Code, Ch. 300 § 512.10)
(K) Thirty days after the date of the publication of the City Council's decision in the Environmental Quality Board Monitor, if no objections are filed with the EQB, the decision stands.
(Prior Code, Ch. 300 § 512.11)
(L) If preparation of an EIS is required, the proponent shall follow the procedure outlined in the State of Minnesota Quality Board Regulations concerning Environmental Impact Statements. A draft impact statement, as prepared by or under the direction of the Zoning Administrator, shall be prepared and filed with the EQB within 120 days of the decision to require an Environmental Impact Statement.
(Prior Code, Ch. 300 § 512.12)
(M) Any proposed project or use on which an EIS is required shall be considered a conditional use as defined in the current zoning ordinance and shall comply with the procedure for approval of a conditional use permit. Mitigating recommendations of the EIS shall be incorporated as conditions of issuance on the conditional use permit.
(Prior Code, Ch. 300 § 512.13)
(N) Time delays in the normal permit process caused by the filing and review of the EAW and/or EIS shall not be considered part of the permit approval time requirements within this chapter. Such delays shall be considered as additional required time for each required permit. The permit process for the proposed project may be continued from the point it was interrupted by the worksheet/EIS process.
(Prior Code, Ch. 300 § 512.14)
(O) Construction begun on projects requiring an EAW shall be halted at such time as an EIS is officially required by the Environmental Quality Board or City Council regulations.
(Prior Code, Ch. 300 § 512.15)
(P) Any applicant shall agree in writing as part of that applicant's application to reimburse the City Council prior to the issuance of any permits, for all reasonable costs, including legal and consultant fees incurred by the City Council in review of the applicant's project and its impact on the city.
(Prior Code, Ch. 300 § 512.16)
(Q) (1) The applicant shall deposit with the city from time to time an amount determined by the Zoning Administrator necessary to cover the costs prior to commencement of the review or stage of the review.
(2) The applicant shall reimburse the Security Fund for any deficits caused if the amount actually expended or billed to the city by the consultants exceeds the Security Fund balance.
(a) The city shall refund any money deposited in the Security Fund and not expended within 30 days after final action on the application.
(b) The city shall not pay interest on these security deposits.
(Prior Code, Ch. 300 § 512.17)