Alterations of vegetation and topography in the Shoreland Overlay District will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
(1) Vegetation alterations.
(a) Vegetation alteration necessary for the construction of structures, sewage treatment systems, uses permitted in the underlying zoning district and the construction of roads and parking areas regulated by division (3) below of this chapter are exempt from the vegetation alteration standards that follow.
(b) Removal or alteration of natural vegetation, except for agricultural and forest management uses as regulated in § 1102.10, shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil and to preserve shoreland aesthetic. Removal of natural vegetation in the Shoreland Overlay District is allowed subject to the following standards.
1. Clear cutting of natural vegetation is prohibited.
2. Limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that:
a. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
b. Along rivers, existing shading of water surfaces is preserved; and
c. The above provision is not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
3. Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion.
4. The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation.
(2) Topographic alterations/grading and filling.
(a) Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, driveways and other uses permitted in the underlying zoning district under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
(b) Public roads and parking areas are regulated by division (3) of this chapter.
(c) Notwithstanding divisions (2)(a) and (2)(b) above, a grading and-filling permit, in accordance with the City Zoning Chapter, will be required for:
1. The movement of more than ten cubic yards of material on steep slopes or within the shore impact zone; or
2. The movement of more than 50 cubic yards of material per acre.
(d) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
1. Grading or filling in any wetland must be evaluated to determine the extent of impact to the functions and values of the wetland area in accordance with the city code. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, a local governmental unit, the Minnesota Department of Natural Resources or the United States Army Corps of Engineers. The applicant will be so advised.
2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible;
3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Anoka County Soil and Water Conservation District and the United States Soil Conservation Service;
4. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished sloped of 30% or greater;
5. Any alterations below the ordinary high water level of the waterbodies described in § 1002.05(1) must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time;
6. Alterations of topography must only be allowed if they are necessary to allow a defined permitted accessory or conditional use within the underlying zoning district and do not adversely affect adjacent or nearby properties; and
7. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed three feet.
(e) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(3) Placement and design of roads, driveways and parking areas.
(a) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Lino Lakes local water management plan.
(b) Roads, driveways and parking areas must meet structure setbacks and must not be placed within shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.
(c) 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 division are met. For private facilities, the grading and filling provisions of division (2) of this chapter must be met.
(4) Stormwater management.
(a) Impervious surface coverage of lots must not exceed the impervious surface percentage of lot area outlined in § 1102.07 of this chapter.
(b) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.
(c) Development must 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 must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(d) 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 must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities. Residential, commercial and industrial subdivisions and site plans shall provide for the collection and treatment of storm water in compliance with the city storm water management plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the city engineer and the Rice Creek Watershed District.
(e) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the Lino Lakes local water management plan.
(f) Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(Ord. 04-95, passed 4-10-1995)