§ 153.077 SHORELAND AREAS.
   (A)   Land suitability. Each lot created through subdivision, including planned unit developments authorized under §§ 154.27 through 154.33 of the zoning ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision of the community.
   (B)   Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Chapter 51 of this code can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of §§ 154.27 through 154.33, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
   (C)   Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following:
      (1)   Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limited site characteristics;
      (2)   The surface water features as may be required by law, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
      (3)   Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
      (4)   Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;
      (5)   Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and
      (6)   A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or streams.
   (D)   Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of storm water and significant wetlands.
   (E)   Platting. All subdivisions that create five or more lots or parcels that are two and one-half acres or less in size shall be processed as a plat in accordance with M.S. Chapter 505, as it may be amended from time to time. No permit for zoning or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a normal subdivision.
   (F)   Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in §§ 154.27 through 154.33 of the zoning ordinance. Prior to approval of any subdivision with such access lots the subdivider shall provide written notice to the Minnesota Department of Natural Resources and shall obtain written approval from that agency for such lots.
(Ord. 19-2, passed 4-11-2005) Penalty, see § 153.999