03-09-2020 Council Packet - Laserfiche WebLink

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Page | 5 March 9, 2020 (e) Permits are issued based on the applicant's ability to meet and adhere to the following standards: 166 (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how 167 extensively the proposed activity would affect the following functional qualities of the wetland: 168 a. Sediment and pollutant trapping and retention; 169 b. Storage of surface runoff to prevent or reduce flood damage; 170 c. Fish and wildlife habitat; 171 d. Recreational use; 172 e. Shoreline or bank stabilization; and 173 f. Noteworthiness, including special qualities, such as historic significance, critical habitat for 174 endangered plants and animals, or others. 175 This evaluation must also include a determination of whether the wetland alteration being 176 proposed requires permits, reviews or approvals by other sections of city ordinances or by other 177 local, state or federal agencies including but not limited to watershed districts, state Department 178 of Natural Resources, or the United States Army Corps of Engineers. 179 (2) Alteration activities shall be in accordance with City Code section 79-9 Minimum SWPPP Best 180 Management Practices (BPMs). 181 (3) Fill or excavated material must not be placed in a manner that creates an unstable slope. 182 (4) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer 183 for continued slope stability and must not create finished slopes of 30 percent or greater. 184 (5) Fill or excavated material must not be placed in bluff impact zones. 185 (6) Any alterations below the ordinary high water level of public waters must first be authorized by 186 the commissioner of the department of natural resources under Minn. Stat. § 103G.245. 187 (7) Alterations of topography must only be allowed if they are accessory to permitted, conditional 188 use or interim use and do not adversely affect adjacent or nearby property. 189 (8) Placement of natural rock riprap, including associated grading of the shoreline and placement of 190 a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot 191 vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and 192 the height of the riprap above the ordinary high water level does not exceed three feet. A riprap 193 permit shall be obtained per the requirements of section 78-969. 194 (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, 195 lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the 196 elevation or the ordinary high water level are subject to approval of the Department of Natural 197 Resources and other agencies with concurrent jurisdiction. 198 Sec. 78-1289. - Standards for commercial, public and semipublic uses. 199 (a) Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have 200 access to and use of public waters may be located on parcels or lots with frontage on public waters, if 201 permitted by the underlying zoning district standards. Those uses with water-oriented needs must meet 202 the following standards: 203 (1) In addition to meeting impervious coverage (hard cover) limits, setbacks, and other zoning 204 standards in this article, the uses must be designed to incorporate topographic and vegetative 205 screening of parking areas and structures. 206