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(A) A person engaged in a development activity that will disturb land must submit a sedimentation control plan and time schedule that will prevent excessive soil loss or sediment from damaging adjacent land, bodies of water, watercourses, or wetlands to the city or its agent for approval.
(B) A sedimentation control plan and time schedule must specify how the movement of soil and damage to other lands and regions will be minimized during the construction process. These methods include, but are not limited to, the use of temporary and permanent seedings, fabric, plastic, or straw barriers, mulch, sediment control basins, or other conservation practices adequate to prevent erosion and sediment damage. A sedimentation control plan is not required for the following development activities:
(1) Minor land disturbance activities such as home gardens and individual home landscaping, repairs, and maintenance work;
(2) Construction, installation, or maintenance of electric and telephone utility lines or individual service connection to the utility lines;
(3) Septic tank lines or drainage field unless included in an overall plan for a land development activity relating to construction of a building to be served by the septic tank system;
(4) Preparation for single-family residences separately built, greater than 1,000 feet from Halfbreed Lake (Sylvan Lake), Bone Lake, Goose Lake, and Big Marine Lake, unless in conjunction with multiple construction in subdivision development;
(5) Disturbance of land areas less than 10,000 square feet for commercial or noncommercial uses, except that the governing body of the local unit of government may reduce this exception to a smaller area of disturbed land or quality the conditions under which this exception applies;
(6) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; and
(7) Emergency work and repairs to protect life, limb, or property.
(C) (1) The following must be addressed in developing and implementing a sedimentation control plan:
(a) Stabilization of denuded areas and stockpiles;
(b) Establishment of permanent vegetation;
(c) Protection of adjacent areas;
(d) Timing and stabilization of sediment trapping measures;
(e) Use of sediment basins;
(f) Stabilization of cut and fill slopes;
(g) Stormwater management for controlling off-site erosion;
(h) Stabilization of waterways and outlets;
(i) Storm sewer inlet protection;
(j) Working in or crossing water bodies;
(k) Underground utility construction;
(l) Construction of access roads;
(m) Disposition of all temporary measures; and
(n) Maintenance of all temporary and permanent urban conservation practices.
(2) The time schedule accompanying the sedimentation control plan must establish deadlines for the implementation and completion of each phase or element of the sedimentation control plan.
(D) The state’s Construction Site Erosion and Sediment Control Planning Handbook shall be the minimum planning standard for a sedimentation control plan. Any other procedures must be approved by the local unit of government and the district prior to its use.
(E) Any conservation practice developed for the sedimentation control plan may not be located in violation of any existing ordinance the city is currently enforcing.
(F) (1) The city may appoint the Zoning or Planning Director, Building Inspector, engineer, or district to review the sedimentation control plan and time schedule. The city must forward the sedimentation control plan and time schedule to the appointed reviewer within seven days of receiving the sedimentation control plan and time schedule from the land occupier.
(2) The appointed reviewer must review the sedimentation control plan and time schedule within 21 days of receiving the plan from the city. The city shall notify the land occupier of its decision after receipt of the comments from the reviewer and no more than 28 days after receiving the sedimentation control plan and time schedule form the land occupier.
(G) (1) If the reviewer determines that the sedimentation control plan and time schedule will control sedimentation, the city shall issue a permit that authorizes the development activity contingent upon the implementation and completion of the sedimentation control plan.
(2) If the reviewer determines that the sedimentation control plan and time schedule do not control sedimentation, the city shall not issue a permit for the development activity. The sedimentation control plan and time schedule shall be re-submitted for approval before the development activity begins.
(Ord. 30, passed 1-20-1990) Penalty, see § 150.99
AGRICULTURAL AND WILDLIFE HABITAT LAND
(A) The city recognizes the value of farm land and undeveloped land. Such land conserves and enhances soil and water resources to ensure long-term quality and productivity. It is the policy of the city to encourage the use of such land for long-term food production, economic diversity, recreational opportunities, aesthetic needs and historical significance. Such lands provide open space and add to the quality of life in the city. Such lands and the business of crop production have long been an integral part of the identity and history of the community.
(B) Whenever land urbanization occurs, with accompanying public road, sewer, and water improvements, commercial crop land and undeveloped land is many times prematurely converted to an urban use because of the imposition of special assessments for such utilities. It is not the policy of the city to prohibit or hinder land urbanization. Such urbanization, however, should occur in a timely, methodical, and orderly fashion. The purpose of the policy herein is to protect commercial crop land and undeveloped open spaces from indiscriminate and disruptive takings for public improvements and to allow such lands to continue to be used for crop land and wildlife habitat, even though special assessments may be levied against such land. It is the city’s policy to discourage premature conversion of commercial crop or undeveloped land to an urbanized use. This policy provides a balance between preservation of a valuable economic and natural resource and urbanization.
(Ord. 45, passed - -1993)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATOR. A tenant, renter, lessee, or other entity engaged in production on the subject land of the fruits, vegetables, nursery stock, plants, crops, or forage listed in the definition of preservation heritage land.
OWNER. The fee owner or contract vendee in possession of the subject property. The OWNER must be an individual person or a general partnership of individual persons or a family farm trust or family farm corporation organized, under M.S. § 500.24, as it may be amended from time to time.
PRESERVATION HERITAGE LAND. A tract, or a portion thereof, measuring at least 20 acres in size, which meets the following requirements for agricultural or wildlife habitat land. Agricultural land must meet the following requirements:
(1) Is actively and exclusively used by the owner or operator for commercial production of any of the following or a combination thereof:
(a) Fruits;
(b) Vegetables;
(c) Nursery stock, such as nursery trees and shrubs;
(d) Greenhouse plants;
(e) Agronomic crops including grains;
(f) Forage such as hay and silage, including pasture land or grazing land; and
(g) Livestock
(2) Has been so actively and exclusively used by the owner or operator for such commercial purposes for at least three continuous years immediately prior to obtaining eligibility status under § 150.35 and continuing thereafter;
(3) For at least three continuous years prior to obtaining eligibility status under § 150.35, and continuing thereafter, the owner or operator must have earned at least $500 gross income plus $10 per tillable acre on average per year from the subject preservation heritage land by means of the commercial production listed in division (2) above. This income requirement shall be evidenced by filing with the city a true copy of Schedule F filed by the owner or operator with the Federal Internal Revenue Service; and
(4) The products listed in division (1) above must be offered for sale at wholesale or retail.
SPECIAL ASSESSMENTS. Those special assessments levied by the city for asphalt roads, sewer, and water; including lateral sewer and water benefits, and trunk line area sewer and water benefits.
WILDLIFE HABITAT LAND. Includes woods, wood lots, wetlands, and other open spaces in their natural state. The owner or operator must meet the following requirements.
(1) The land must be managed for good wildlife habitat.
(2) The land must provide the four basic needs of wildlife: food; water; shelter; and space. High species diversity is desirable, including a wide array of trees, shrubs, grasses, and annual and perennial flowering plants. Native plant species are recommended. The land shall not include livestock, vehicle storage, or buildings.
(3) A land management plan must be filed with the city which contains soil, water, and wildlife conservation site management including:
(a) A list of the primary overstory and understory plant species and approximate percentage of each; and
(b) A diagram showing the management design plan for the land, with current and future development projected for the next ten years.
(4) Plans approved by or developed with the assistance of the County Soil and Water Conservation District, the state’s Department of Natural Resources, and/or other conservation organizations are highly desirable but not mandatory.
(Ord. 45, passed - -1993)
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