(A) All topographic alterations, grading, filling, excavating and backfilling shall be performed in accordance with the city's adopted Stormwater Management Plan.
(B) Grading, filling and excavations necessary for the construction of structures, public roads, parking areas, sewage treatment systems and driveways under validly issued building 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 shall be incorporated into the issuance of permits for construction of structures, public roads, parking areas and driveways.
(C) Notwithstanding division (A) above, a grading and filling permit shall be required for:
(1) The movement of more than ten cubic yards of material on steep slopes and within shore impact zones; and
(2) The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones.
(D) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(1) Each lot created through subdivision, including planned unit developments, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city 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 or of the city.
(2) Alterations shall be designed and conducted in a manner that ensures that only the smallest amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover shall be established as soon as weather conditions allow.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used.
(5) Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local Soil and Water Conservation Districts and the United States Soil Conservation Service.
(6) Fill or excavated material shall not be placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material on steep slopes shall be reviewed by the city for continued slope stability and shall not create finished slopes of 30% or greater.
(8) Fill or excavated material shall not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters shall first be authorized by the DNR under M.S. § 105.42, as it may be amended from time to time.
(10) Alterations of topography shall be allowed only if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(11) 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.
(12) Excavations and fills shall also be subject to the provisions of the city code.
(E) (1) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, requires a conditional use permit.
(2) Permission for excavations may be given only after the DNR has approved the proposed connection to public waters.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00; Am. Ord. 04-01, passed 8-10-04)