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HomeMy WebLinkAbout10-22-2003 - Re: Use of right-of-way on Big Island I. 4, O CITY of ORONO ii 1 ,� } tiff" Municipal Offices Street Address: Mailing Address: `q$EggO % 2750 Kelley Parkway P.0. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 22, 2003 RE: Use of Right-of-Way on Big Island Dear Big Island Property Owner: It has come to the attention of the City that a variety of land alteration activities have been occurring recently on the Island without the proper permits or authority, to wit: - Removal of trees within dedicated right-of-ways without City Council approval; - Grading or otherwise altering land within dedicated right-of-ways without City Council approval; - Grading or otherwise altering land on private property without the proper land alteration permits, and in some instances without the permission of the landowner. Orono Municipal Code, Section 78-567 regulates use of the public dedicated right-of-ways on the Island. Although the City has not formally prohibited the use of motorized vehicles on the Island, no roads on the Island have been formally opened to vehicular travel by the City. The informal pathways that provide for pedestrian accessibility as well as the occasional service vehicle are mostly within dedicated right-of-ways,but in some areas they are on private property. Historically,the level of vehicular use of the Island right-of-ways was minimal and had few negative impacts. In recent years,however,the level of activity on the Island has increased, to the point where use(and in some instances abuse)of the right-of-ways for vehicular access or recreation has begun to cause serious erosion problems as well as concerns about trespass and security. You are advised to review and follow the enclosed City Ordinances,which require permits or Council action for certain uses of the right-of-ways. I would particularly direct your attention to Subsection 5, which allows for limited property-owner maintenance of adjacent right-of-ways without permits. Such maintenance activity is limited to the controlling of weeds and brush, seeding, sodding,mowing, etc.but does not include the ability to remove trees or do grading work to create roadways. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us Big Island Roadways October 22,2003 Page 2 Also enclosed are City Ordinances regarding tree removal and wetland impacts.Be advised that grading or filling within wetlands,or within 26'of wetlands protected by City ordinances and State regulations is prohibited. Removal of any tree 6" or greater in diameter located within 75' of the lake requires a permit from the City, and intensive vegetation clearing within 75' of the shoreline or in bluff areas is prohibited. Continued actions by Island property owners which result in damage to public or private property, are not acceptable and must cease immediately. The recent abuses suggest that greater regulation of the use of right-of-ways may be necessary. City staff will continue monitoring activity on the Island. You are encouraged to make your thoughts on this topic known to the City. Please contact the City at 952-249-4600 if you have any questions or to apply for the necessary approvals if you want to make changes to the right-of-ways, or if you need to remove a protected tree near the shoreline. As of this writing,the City has issued no permits for tree cutting within right-of-ways on the Island. The current,apparently ongoing,activity to open new travel corridors within right-of-ways or on private property has not been authorized by the City and must cease immediately. Sincerely, Ax,/ 14,,pr Michael P. Gaffron Planning Director cc: City Council City Administrator Public Services Director Chief of Police encl.: Municipal Code Sections: 78-567 (Use of Big Island right-of-ways) 78-1285 (Tree and vegetation removal) 78-1286 (Grading& filling) Orono, MN Code of Ordinances Page 1 of 2 Sec. 78-567. - Permit for private improvements within public rights-of-way. It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location.Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location,the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations.The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts,junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow about:blank 3/2/2016 Orono, MN Code of Ordinances Page 2 of 2 or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. (6) Public use limited. Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. (7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. (8) Hold harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. (9) Permit hearing and notice. The planning commission or the council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use.At least ten days before the hearing, the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5)) Sec. 78-577. -Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. (Code 1984, § 10.31(15)) about:blank 3/2/2016 • \--96(/ ��Z1', y � , C •' lq KFSH0,,� { Legend .:,- / d ` Contours 01, I / ` _ Index CI) ` Intermediate Railroad 0 City Limits N 0 Parcels(2-1-2016) ry"Q If, 94 cN / ) A‘f.?...... tip IPI .....""‘'\47"..... '''':21 1 • � 9 ai 1 ii ;WA \ t 96/I 9rj0 111, 1 IllilVIIII7.---- iirI % Jio._41111 \ JO'. \ 960 -441. P \ \ , \\PS0 1 It \\s\\7 viDra,s, 1 \ q1 ail Disclaimer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.This drawing is a compilation of records,information,and data located in various city,county,and state offices,and other 0 93 FeetMCI 0 sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not responsible for any inaccuracies herein contained. ©Bolton&Menk,Inc-Web GIS 3/2/2016 3:56 PM / . i. _ ....- - 1 q FA 9A ` \ Sk 1::' --::— —---- , ',N.' : ' % ' :1-' . . 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'''"--''""'''- \ ��„JJ This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.This drawing is a compilation of records,information,and data 0 93 Feet located in various city,county,and state offices,and other Miii sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not ©Bolton&Menk,Inc-Web GIS 3/2/2016 3:56 PM 0 responsible any inaccuracies The of contained. §78-566 ORONO CITY CODE in section 78-564(2). Once a permitted or condi- (9) Lake water pumphouses which, may be tional use exists on any lot or parcel,no accessory within 75 feet of the shoreline if limited to structure or use of land shall be permitted except 20 square feet or less in area and five feet for one or more of the following uses: or less in height, and subject to all appli- cable(1) Docks conforming to city and Lake Min- netonka Conservation District regula- (10) Fire rings or barbeque pits. tions,not to exceed one slip per 50 feet of (11) Gardens,gardening or other horticultural shoreline width, or a maximum of four uses including apiaries and decorative slips per property, whichever is less. An landscaping. annual joint-use dock license shall be re- quired for any nonresidential dock and/or (12) Fences, not to exceed 42 inches in height, for any property having more than four and no part of which may be located slips. within 75 feet of the shoreline. (2) Not more than two accessory buildings (13) Retaining wall, not to exceed 42 inches iused for storage,service or other nonhabit- height, and no part of which may be able purpose. No such individual building located within 75 feet of the shoreline. shall exceed 1,000 square feet in floor (14) Home occupations,as defined in this chap- area, and the sum of any two buildings on ter. All home occupations shall comply any record lot shall not exceed 1,500 square with the provisions of section 78-1376, feet in floor area without a conditional use and the licensing provisions of section permit.Accessory buildings used as barns 26-76, when applicable. or stables shall be subject to this area (15) New boathouses within 75 feet of the restriction and to a conditional use permit shoreline are specifically prohibited. pursuant to section 78-565(6),including a (Code 1984, §§ 10.20(4), 10.31(4); Ord_ No. 221 150-foot setback from all property lines. 2nd series, § 3, 9-23-2002) (3) Not more than one accessory private guest cabin not to exceed 600 square feet in Sec. 78-567. Permit for private improve- floor area pursuant to section 78-565(2)f. ments within public rights-of- (4) Open decks, patios, screenhouses or pri- way vate greenhouses. It is unlawful for any person to alter, improve or use for private purposes in any RS district any (5) Private swimming pools, tennis courts, platted public right-of-way, any platted public paddocks or athletic fields or equipment. park, or any other property owned by the city (6) Not more than two toilet buildings or without first obtaining a permit from the council, outhouses, which shall conform in loca- as follows: tion and design to the requirements of (1) Inland property access. Persons desiring section 78-574. access to property located inland and not (7) Tents or other temporary structures to be abutting the shoreline may apply for a in place not more than 180 days in any permit to privately use and/or improve one year. platted public right-of-way for such pur- pose. The permit applicant shall demon- (8) Open wood or gravel-filled steps, stair- strate and the council shall find that ways or walkways on lakeshore hills or there is no reasonable alternative access embankments, limited to not more than available,and that the proposed improve- four feet wide at any point within 75 feet ments and/or type of use would not nnrea- of the shoreline. Concrete or other solid sonably affect other properties abutting materials shall constitute hard cover and the right-of-way. The council may ap- are prohibited. prove, deny or place restrictions on any CD78:96 40- ZONDIG REGULATIONS § 78-567 such permit based upon public health, regulations. The council may establish safety and welfare considerations,includ- reasonable standards or requirements in ing without limitation the configuration approving any such dock permit. of adjoining record lots,the location,width, topography, drainage and vegetation on (4) Encroachments prohibited.No private prop- the right-of-way and the number of exist- erty, buildings, structures, fences, boats, ing or future property owners who may vehicles, dock parts,junk or debris shall require access at the same location. Any be built, stored, parked or kept at any time within any platted public right-of- land alterations or improvements ap- proved shall be the minimum amount way,within any platted public park,or on necessary to provide reasonable inland any other property owned by the city access. except as specifically authorized by a per- mit issued under this section. (2) Land alterations. Grading or physical al- (5) Permit exceptions. No permit shall be re- teration of any platted public right-of-way for any purpose, including inland prop- grated for any person to walk on or over erty access, is prohibited except when any platted public right-of-way or any such work has been specifically autho- platted public park when such use is made without altering the natural state rized as part of a permit issued by the of the land. No permit shall be required council. The permit applicant shall pro- for any person whose property abuts a vide a detailed land survey of the right- platted public right-of-way or a platted of-way and appropriate engineering draw- public park to control weeds or brush, ings sufficient to identify the full extent of seed, sod, mow or otherwise maintain the all proposed work. Permit approval shall right-of-way or park in a neat and pre- be subject to obtaining a gradi U permit sentable manner. Persons whose record from city staff; and land alterations in- lot established by section 78-568 consists volving filling and grading shall be per- of tax parcels divided by platted, un- formed with only clean fill, and all other opened public right-of-way may incorpo- permits as may be required by other agen- rate and use such right-of-way as part of cies having jurisdiction. Public rights-of- their yard without a permit, provided no way so improved shall be maintained by permanent structures are erected or main- the licensee. tained within the right-of-way. (3) Dockage on right-of-way.Installing,main- (6) Public use limited. Any permit issued taming, keeping or using a private dock under this section shall be deemed to on any platted public right-of-way for any open the platted public right-of-way only to the extent necessary as established in purpose, including inland property ac- the permit, and for the limited use of the cess, is prohibited except when such dock has been specifically authorized as part of permittee and his invitees. a permit issued by the council. Not more (7) Permit limitations. A permit issued under than one seasonal dock will be approved this section shall not grant or vest any for access to any one property. In review property rights to use of the public right- and approval or denial of such permit,the of-way or other public property, or in any council shall consider the width and to- improvements. Permits issued under this pography of the right-of-way, the number section shall be valid for one year,shall be of property owners requesting dockage at subject to change, alteration or revocation that location, the plan of the proposed for cause by the council at any time, and dock,and conformance with city and Lake shall be automatically renewable on the Minnetonka Conservation District dock anniversary of the date of issuance except CD78:97 3 §78-567 • ORONO CITY CODE upon written notice from the city to the person or persons as of November 9, 1981, permittee at least 30 days prior to the or at any time such common ownership anniversary date. may occur thereafter, including one or (8) Hold harmless. As a condition of issuance more separately platted lots or unplatted of any permit,the applicant shall in writ- parcels of land, and/or one or more sepa- ing release, indemnify and hold harmless rately identified tax parcels. Because of the city from any and all claims or causes the unique circumstances and actual use of action arising out of the use or alter- patterns existing on the islands, also in- ation of the platted right-of-way by appli- cluded within the definition of a "record cant or his invitees. lot" is commonly owned land that is con- tiguous except for being separated only by (9) Permit hearing and notice. The planning platted unopened public right-of-way.Each commission or the council shall hold a record lot shall be considered in its en- public hearing or hearings on each appli- tirety to be one lot for zoning purposes. cation for a permit. Notice of the public a. The effective date for determination hearing shall be given not less than ten of common ownership is November days nor more than 30 days prior to the 9, 1981, the date of adoption of Or- date of the hearing by publication in the dinance No.238,establishing a mor- legal newspaper for the city. Such notice atorium on development, including shall contain the description of the land land subdivision, on the Lake Min- and the proposed use. At least ten days netonka Islands. Common owner- before the hearing, the city clerk shall ship as of that date has been and mail an identical notice to the applicant shall be determined by the deeds of and to each of the property owners within record at the county recorder's office. 350 feet of the outside boundaries of the This definition shall not preclude land in question. Failure of the property the city from recognizing or enforc- owners to receive notice shall not invali- ing the common ownership/lot of date the proceedings.At the public hear- record provisions of Ordinance No. ing,the planning commission or the coup- 172, or any other similar prior ordi- cil shall review the application and the statements and drawings submitted with nance. the application and shall receive perti- b. The council has identified and estab- nent evidence concerning the proposed lishes 69 record lots on Big Island, use and the proposed conditions under Mahpiyata Island and Deering Is- which it would be operated or maintained. land as listed by record lot number (Code 1984, § 10.31(5)) in the left-hand column of subsec- tions (4), (5), (6) and (7) of this sec- Sec. 78-568. Lot area requirements. tion. Each such record lot shall in- dude all land identified by all tax Within any RS seasonal recreational district, parcel property identification num- no new lot or parcel shall be created less than 5.0 bers(PIDs)grouped together follow- acres in dry-buildable lot area exclusive of any ing the record lot number. designated wetlands. Within any RS seasonal recreational district,the following provisions shall c. Within 60 days after January 13, govern the buildability, use and/or subdivision of 1983, the owner of each record lot each existing record lot: shall be notified in writing at his last . recorded address of the classification (1) Record lot definition. For purposes of the of each record lot, including all tax RS seasonal recreational district,a"record parcels determined to be included in lot"shall mean all the contiguous or abut- such record lot. All existing uses in ting land owned in common by the same the RS district are identified in the CD 78:98 ZONING REGULATIONS §78-1286 (4) Stairways, lifts and landings may be ei- Sec. 78-1284. Height of structures. they constructed above the ground on posts No structure within the shoreland overlay dis- or pilings or placed into the ground, pro- vided they are designed and built in a trict shall exceed the height limitations set forth manner that ensures control of soil ero- in the standards for the underlying zoning dis- sion. tract. (Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24- 1992) (5) Stairways, lifts and landings must be located in the most visually inconspicuous Sec. 78-1285. Vegetation alterations. portions of lots, as viewed from the sur- (a) No live tree within 75 feet of the shoreline face of the public water, assuming sum- or within the bluff impact zone with a diameter of mer, leaf-on conditions, whenever practi- cal. six inches or more (or 19 inches in circumference or greater)measured three feet above the ground may be removed without first obtaining a permit (6) Facilities necessary to provide shore area from the city staff, provided that at least the access to physically handicapped persons equivalent number of replacement trees of a size shall be allowed,provided that the dimen- and nature found acceptable to the staff are sional and performance standards of sub- planted at the same setback from the shoreline as sections (1)—(5) of this section are com- those removed.Appeals of staff determinations as pleted in addition to the requirements of to type,size and quality of the trees to be replaced the Minnesota Regulations,chapter 1340. will be to the council. Removal of trees that are dead shall not require a permit, but such trees (7) A building permit shall be obtained for must be inspected by city staff prior to their construction of stairways, lifts and land- removal. ings regardless of whether such improve- (b) Intensive vegetation clearing within 75 feet ments are constructed above, at or below of the shoreline, on steep slopes or within the grade. bluff impact zone within the shoreland overlay (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24- district is prohibited. Limited clearing of shrubs 1992) 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 Sec. 78-1283. Steep slopes. principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft Any applicant requesting a permit for construe- access areas, and permitted lockboxes, provided tion of sewage treatment systems, roads, drive- that the screening of structures,vehicles or other ways, structures or other improvements on steep facilities as viewed from the water, assumin slopes shall provide adequate information to al- y low the cityto evaluate rummer, leaf on conditions, is not substantially possible soil erosion reduced. impacts and development of visibility from public (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24- waters before such permit may be issued. When 1992; Ord. No. 127 2nd series, § 7, 7-11-1994) determined necessary, conditions shall be at- tached to issued permits to prevent erosion and Sec. 78-1286. Topographic alterations/grad- preserve existing vegetation screening of struc- tures,vehicles and other facilities as viewed from ing and filling. the surface of public waters, assuming summer, (a) Grading and filling and excavations neces- leaf-on vegetation. sary for the construction of structures, sewage (Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24- treatment systems, and driveways under validly 1992) issued construction permits for these facilities do CD78:191 §784286 ORONO CITY CODE not require the issuance of a separate grading and (e) The following considerations and condi- filling permit. However, all grading and filling tions must be adhered to during the issuance of activity approved permits for construction of struc- construction permits,grading and filling permits, tures, sewage treatment systems, and driveways conditional use permits, variances and subdivi- shall adhere to the grading and filling standards sion approvals: of this article. (1) Grading or filling in any type 2, 3, 4, 5, 6, (b) Grading,filling or excavating of more than 7 or 8 wetland must be evaluated to ten cubic yards is prohibited within 75 feet of the determine how extensively the proposed ordinary high water level of the public waters activity would affect the following func- enumerated in section 78-1217. Grading,filling or tional qualities of the wetland: excavating of ten cubic yards or less shall require a. Sediment and pollutant trapping and city staff review and permit and be subject to retention; other pertinent sections of this chapter. b. Storage of surface runoff to prevent (c) Public and private roads, driveways, park- or reduce flood damage; ing areas, and public or private watercraft access c. Fish and wildlife habitat; ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters d. Recreational use; enumerated in section 78-1217. If no alternatives e. Shoreline or bank stabilization; and exist, such improvements shall be subject to the standard zoning variance review procedure, and f. Noteworthiness, including special such review shall take into account the following qualities, such as historic signifi- considerations: cance, critical habitat for endan- gered plants and animals, or others. (1) Such improvements shall be designed to This evaluation must also include a deter- take advantage of natural vegetation and topography to achieve maximum screen- urination of whether the wetland alter- ing from view from public waters. ation being proposed requires permits, reviews or approvals by other local state (2) All roads and parking areas shall be de- or federal agencies including but not lim- signed and constructed to minimize and ited to watershed districts, state depart- control erosion to public waters consistent ment of natural resources, or the United with the requirements of all agencies with States Army Corps of Engineers. jurisdiction. (2) Alterations must be designed and con- (d) Except for those projects requiring permits ducted in a manner that ensures only the for construction of structures, sewage treatment smallest amount of bare ground is ex- systems and driveways, a land alteration permit posed for the shortest time possible. will be required as follows: (3) Mulches or similar materials must be (1) For movement of one through 500 cubic used,where necessary,for temporary bare yards of material anywhere within the soil coverage,and a permanent vegetation shoreland overlay district, a staff-issued cover must be established as soon as pos- land alteration permit shall be required. Bible. (2) For movement of more than 500 cubic (4) Methods to minimize soil erosion and to yards of material within the shoreland trap sediments before they reach any sur- overlay district, conditional use permit face water feature must be used. approval by the city council is required in (5) Altered areas must be stabilized to accept- addition to the required land alteration able erosion control standards consistent permit. with the field office technical guides of the CD78:192 6.43 ZONING REGULATIONS §78-1288 local soil and water conservation districts Sec. 78-1287. Stormwater management. and the United States Soil Conservation The followin Service. g general and specific standards shall apply in addition to those standards found (6) Fill or excavated material must not be in article VIII of this chapter and section 82-222: placed in a manner that creates an unsta- (1) When possible, existing natural ble slope. drainageways,wetlands and vegetated soil (7) Plans to place fill or excavated material surfaces must be used to convey, store, filter and retain stormwater runoff on steep slopes must be reviewed by the before city engineer for continued slope stability discharge to public waters. and must not create finished slopes of 30 (2) A development must be planned and con- percent or greater. ducted in a manner that will minimize the extent of disturbed areas,runoff velocities (8) Fill or excavated material must not be and erosion potential, and reduce and placed in bluff impact zones. delay runoff volumes. Disturbed areas (9) Any alterations below the ordinary high must be stabilized and protected as soon water level of public waters must first be as possible and facilities or methods used authorized by the commissioner of the to retain sediment on the site. department of natural resources under (3) When development density, topographic Minn. Stat. § 103G.245. features, and soil and vegetation condi- tions are not sufficient to adequately han- (10) Alterations of topography must only be dle stormwater runoff using natural fea- allowed if they are accessory to permitted tures and vegetation, various types of or conditional uses and do not adversely constructed facilities, such as diversions, affect adjacent or nearby property settling basins, skimming devices, dikes, (11) Placement of natural rock riprap, includ- waterways and ponds may be used. Fref- ing associated grading of the shoreline erence must be given to designs using and placement of a filter blanket, is per- surface drainage,vegetation,and infiltra- mitted if the finished slope does not ex- tion rather than buried pipes and manmade ceed three feet horizontal to one foot ver- materials and facilities. tical, the landward extent of the riprap is (4) When constructed facilities are used to within ten feet of the ordinary high water perform water management, documenta- level, and the height of the riprap above tion must be provided by a registered the ordinary high water level does not professional civil engineer that they are exceed three feet.Ariprap permit shall be designed and installed consistent with obtained per the requirements of section the field office technical guide of the local 78-969. soil and water conservation district. (5) New constructed stormwater outfalls to (fl Excavations where the intended purpose is public waters must provide for filtering or connection to a public water, such as boat slips, settling of suspended solids and skim- canals,lagoons and harbors,are prohibited above ming of surface debris before discharge. the ordinary high water level. Such excavations (Ord. No. 101 2nd series, § 1(10.56(16)(K)), 2-24- below the elevation or the ordinary high water 1992) level are subject to approval of the department of natural resources and other agencies with concur- Sec. 78-1288. Hard cover limitations. rent jurisdiction. (a) No hard cover or impervious surface shall (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24- be placed, located or constructed within 75 feet of 1992;Ord.No. 127 2nd series,§8,7-11-1994;Ord. the ordinary high water level of any lake or No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 tributary, except for stairways,lifts, landings and 2nd series, § 2, 4-4-1998) lockboxes as regulated elsewhere in this Code. CD78:193