A. Shoreland Impact Plan:
1. Generally: Landowners or developers desiring to develop land or construct any dwelling or any other structure on land located within any shoreland district within the city shall first submit a conditional use permit application as regulated by chapter 4 of this title and a plan of development, thereinafter referred to as "shoreland impact plan", which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the land, including loss or change of ground cover, destruction of trees, grade courses, marshes, and wetlands. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
2. Exceptions:
a. No conditional use permit or shoreland impact plan shall be required for the development of permitted uses contained within the A-P, RA, RAO, RS-1, RS-2, RS-3, or RS-4 districts provided that such uses are constructed on conforming lots and when abutting a shoreline that all such uses are serviced with public sanitary sewer, or are located on lots which are ten (10) acres or more in size.
b. No conditional use permit or shoreland impact plan shall be required for the development of permitted accessory uses within the A-P, RA, RAO, RS-1, RS-2, RS-3, or RS-4 districts.
B. Bluff Impact Zones: Structures and accessory facilities except stairways, landings, and public utilities shall not be placed within bluff impact zones.
C. Stairways, Lifts, And Landings: Stairways and lifts, solely for the purpose of pedestrian transportation, are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
1. Stairways and lifts shall not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments;
2. Landings for stairways and lifts on residential lots shall not exceed thirty two (32) square feet in area;
3. Canopies or roofs are not allowed on stairways, lifts, or landings;
4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, no higher than thirty inches (30") above grade at any one point, or placed into the ground provided they are designed and built in a manner that ensures control of soil erosions;
5. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsections C1 through C4 of this section are complied with in addition to the requirements of Minnesota rules, chapter 3325.
D. Steep Slopes: The city engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
E. Sewage And Waste Disposal: Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.
1. Public Safety Sewers: Public safety sewer collection and treatment facilities shall be used where available, and where feasible.
2. Private Sewage Systems: All private sewage treatment systems must meet or exceed the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document "Individual Sewage Treatment Systems Standards, Chapter 7080", the rules and regulations of the Minnesota department of health, and Dakota County.
3. Drain Fields: A septic tank-drain field system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible on the particular lot in question and it can be demonstrated that the system being proposed as an alternate will not cause a pollution problem.
4. Individual Systems:
a. Generally: All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsection E4b of this section. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on site field investigations.
b. Evaluation Criteria:
(1) Depth to the highest known or calculated groundwater table or bedrock;
(2) Soil conditions, properties, and permeability;
(3) Slope;
(4) The existence of lowlands, local surface depressions, and rock outcrops; and
(5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsection 11-102-15C of this chapter.
5. Permit Required: No person may install, alter, repair or extend any individual sewage disposal system without first obtaining a permit therefor from the city for the specific installation, alteration, repair or extension.
6. Placement: Placement of septic tank soil absorption systems shall be subject to the following setback requirements where soil conditions are adequate:
a. On natural environment lakes, at least one hundred fifty feet (150') from the normal high water level.
b. On recreational development lakes, at least seventy five feet (75') from the normal high water level.
c. On tributary streams, at least seventy five feet (75') from the normal high water level.
7. Soil Absorption Systems: Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage.
a. Low swampy areas or areas subject to recurrent flooding.
b. Areas where the highest known groundwater table, bedrock or impervious soils conditions are within three feet (3') of the bottom of the system.
c. Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.
d. Areas lying within the 50-year floodplain.
F. Water Supply: Any private supply of water for domestic purposes shall conform to Minnesota pollution control agency, Dakota County, and Minnesota department of health standards for water quality. Private wells shall be placed in areas not subject to flooding and up slope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with state building code standards. No private wells shall be located closer than three feet (3') to the outside basement wall of a dwelling. The outside basement footing shall be continuous across the opening of the well alcove. No well shall be located closer than ten feet (10') to a property line.
G. Stormwater Management: The following general and specific standards shall apply in regard to stormwater management within any shoreland district within the city:
1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
2. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas shall be stabilized and protected as soon as possible, and no later than thirty (30) days after completion of the project. All methods of stormwater management shall comply with the water resources management plan.
3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
4. When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the Dakota County soil and water conservation district.
5. New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
H. Placement And Design Of Streets, Driveways, And Parking Areas: The following standards shall apply in regard to street, driveway and parking area placement and design within any shoreland district within the city.
1. Public streets and private driveways and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by the city engineer that all streets, driveways and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the Dakota County soil and water conservation district.
2. Private driveways and parking areas shall meet structure setbacks from the ordinary high water level and bluff line and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas by conditional use permit, and must be designed to minimize adverse impacts. Natural vegetation or other natural materials shall be required in order to screen parking areas when viewed from the water.
3. Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this section are met. For private facilities, the grading and filling provisions of subsection 11-102-19B of this chapter shall be met. (Ord. 867, sec. 118, 5-17-2010)
I. Fences:
1. Within the required building setback from the ordinary high water level, fences shall not exceed forty eight inches (48") in height and shall be at least seventy five percent (75%) open space for passage of air and light.
2. Fences shall not be located within ten feet (10') of the ordinary high water level. (Ord. 917, 2-18-2014)
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