Ord #303 amending code pertaining chapter 78

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lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. SECTION 3. Sec. 78-1285 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 78-1285. Vegetation alterations. (a) No tree within 75 feet of the shoreline of public waters identified in section 78-1217, or within the bluff impact zone,.with a diameter of six inches or more (or 19 inches in circumference or greater)measured three feet above the ground may not be removed without first obtaining a permit from the city staff. Live trees removed within 75 feet of the shoreline;shall be replaced based at a similar setback from the OHWL as the removed tree,based oin the following manner: (1) Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree diameter removed. (2) Trees greater than 36 inches in diameter, '/2 inch of replacement tree per diameter inch of tree removed. (3) Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by the city. Removal of trees that are dead shall not require a permit,but such tTrees must be inspected by city staff prior to their removal. Removal of dDead, diseased, or trees deemed hazardous by a certified arborist and removed may not be removed without a permit from city staff. The removed tree(s) shall be replaced at a ratio of one tree per tree removed, regardless of size. The replacement tree shall be replanted at-the same lake yard ofat a similar setback from the OWHL as the removed tree and, be approved by the city administrator or designee. The city may solicit the review of the tree by an independent arborist, at the property owner's expense. Replacement trees shall be at least 1.5 inches in diameter. All replacement trees , and of a typoshall be a species native to Minnesota as listed on the Minnesota DNR's Native Trees list. All replacement trees must be approved by the city. (b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting,pruning,.and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings,picnic areas, access paths,beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.