HomeMy WebLinkAboutOrdinance - 16-96 - Amending City Code Sec. 11.02 & 11.50 - Shoreland - 03/19/1996 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE# 16-96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)"
SECTION 11.02 ENTITLED "DEFINITIONS"; SECTION 11.50 ENTITLED
"SHORELAND MANAGEMENT" AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAINS
PENALTY PROVISIONS
THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code, Chapter 11, Section 11.02 is amended as follows:
SECTION 11.02. DEFINITIONS.
1. "Accessory Structure" -A detached structure,building or facility which is located on the
same lot as the main building and the use of which is clearly incidental to the use of the
main building. Such accessory structures shall include but not be limited to pools,tennis
courts, water oriented accessory structures, etc.
Section 2. City Code Chapter 11, Section 11.50 is amended to read as follows in its entirety:
11.50. MORELAND MANAGEMENT
Subd.l. Authorization and Jurisdiction.
A. Statutory Authorization. These Shoreland regulations are adopted pursuant to the
authorization and policies contained in Minn. Stat. Section 103F.201-103F.221 and Minn.
Stat. Section 462.
B. Jurisdiction. The provisions of this Section shall apply to the shorelands of the public
waters as classified in Subd.7 of this Section. Pursuant to Minnesota Regulations, Parts
6120.2500-6120.3900.no lake,pond, or flowage less than 10 acres in size in
municipalities need be regulated in a local government's shoreland regulations. A body of
water created by a private user where there was no previous shoreland may, at the
discretion of the governing body,be exempt from this section.
Subd.2.Declaration of Policy and Procedures. Declaration of Policy. It is hereby found and
Shoreland Code
11.50
declared that shorelands of public waters are, or may be, subject to uncontrolled use resulting in:
Health and safety hazards,pollution of public waters, loss of property, destruction of fish and
wildlife, impairment of natural beauty, and impairment of local tax base all of which adversely
affect the public health, safety, and welfare. It is,therefore,the purpose of this Section to provide
standards and criteria for the subdivision,use and development of the shorelands of public waters
in order to preserve and enhance the quality of public waters, conserve the economic and natural
environmental values of shorelands, and provide for wise utilization of water and related land
resources, and thereby promote and protect the public health, safety, and welfare.
Subd.3. Interpretation and Severability. Interpretation. In interpreting and applying the
provisions of this Section, such provisions shall be held to be minimum requirements for the
promotion of the public health, safety,prosperity and general welfare. It is not the intention of
this Section to interfere with any other provision of the City Code,however,where this Section
imposes a greater restriction upon the use or improvement of any premises than those imposed or
required by other City Code provisions,rules,regulations or permits of the City, State, or
appropriate Watershed District,the provisions of this Section shall govern.
Subd.4 Definitions. The following terms, as used in this Section, shall have the meanings stated:
1. "Bluff' -a topographic feature such as a hill, cliff,or embankment having
all the following characteristics (an area with an average slope of less than
18 percent over a distance for 50 feet or more shall not be considered part
of the bluff):
a. Part or all of the feature is located in a shoreland area;
b. The slope rises at least 25 feet above the ordinary high water level
of the waterbody;
C. The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30 percent or
greater; and
d. The slope must drain toward the waterbody.
2. "Bluff impact zone" - a bluff and land located within 20 feet beyond the top
of a bluff.
3. "Building line"- a line parallel to a lot line or the ordinary high water level
at the required setback beyond which a structure may not extend.
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4. "Clear cutting" -removal of all existing significant natural vegetation on a
lot.
5. "Commissioner" -the Commissioner of the Department of Natural
Resources.
6. "Lot Abutting" -any lot directly abutting the Ordinary High Water Level or
within 150 feet thereof shall be considered an abutting lot.
7. "Ordinary high water level'-the boundary of public waters and wetlands,
and shall be at an elevation delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For watercourses,the
ordinary high water level is the elevation of the top of the bank of the
channel. For reservoirs and flowage,the ordinary high water level is the
operating elevation of the normal summer pool.
8. "Public waters" - any waters as defined in Minnesota Statues, 103.G.005
Sub. 15 and Sub. 18.
9. "Setback" -the minimum horizontal distance between a structure, sewage
treatment system,or other facility and an ordinary high water level,sewage
treatment system,top of a bluff,road,highway,property line,or other
facility.
10. "Sewage treatment system" - a septic tank and soil absorption system or
other individual or cluster type sewage treatment system as described and
regulated in Subdivision 17 of this ordinance.
11. "Sewer system"-pipelines or conduits,pumping stations, and force main,
and all other construction, devices, appliances,or appurtenances used for
conducting sewage or industrial waste or other wastes to a point of
ultimate disposal.
12. "Shore impact zone" -land located between the ordinary high water level
of a public water and a line parallel to it at a setback of 50 percent of the
required structure setback.
13. "Shoreland" -land located within the following distances from public
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waters: 1,000 feet from the ordinary high water level of a lake,pond, or
flowage; and 300 feet from a river or stream, or the landward extent of a
floodplain designated by code on a river or stream,whichever is greater.
The limits of shorelands may be reduced whenever the waters involved are
bounded by topographic divides which extend landward from the waters
for lesser distances and when approved by the commissioner.
14. "Shoreline" -The shoreline for public waters is defined as the normal
ordinary high water level.
15. "Toe of the bluff' -the lower point of a 50-foot segment with an average
slope exceeding 18 percent.
16. "Top of the bluff' -the higher point of a 50-foot segment with an average
slope exceeding 18 percent.
17. "Water-oriented accessory structure" -A structure used solely for
watercraft storage including storage of related boating and water-oriented
sporting equipment.
18. "100-Year Frequency Flood Level" -The elevation that a creek,pond, or
lake can be expected to reach once in 100 years.
Subd.5. Administration,Application and Issuance of Certain Permits.
A. Permit Required. A permit issued by the City shall be applied for and obtained prior to
construction,installation of sewer and water facilities, and grading and filling within any
part of shoreland area.
B. Applications for Permit. Application for a permit shall be made by the owner or owners of
the lot on forms provided by the City. A copy of the application shall be filed with the
City Manager, or designee.
Any change in the length,width,height,or location of a structure requiring a permit under
this Section requires the issuance of a new permit. If a permit is denied,or if an activity or
structure does not otherwise conform with the requirement of this Section, a variance may
be sought consistent with the requirements of this Section. In applying for any permit
under this Section,the following information shall be supplied by the applicant:
1. The name, address, and telephone number of the applicant.
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Section 11.50
2. The type,number, and proposed location of structures for which the permit
is sought. Plans drawn to scale showing the nature, location, dimensions&
elevations of the lot,and existing as proposed structures.
3. The period of time for which the permit is sought.
4. A statement as to whether the structure will be reflectorized.
5. If an organization is seeking the permit, a statement as to the nature of the
organization.
6. If the permit is sought for a particular event,the nature of the event.
7. Such other information as determined by the City Manager,or designee
may require to assist him/her,or the Council,in considering the application
for the permit.
8. A statement by the applicant that he assumes responsibility for the presence
and removal of all structures in the public water.
C. Application Fee. When filing the application,the applicant shall submit non-refundable
fees for a permit in amounts which have been determined by the Council and fixed by
resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-
Treasurer and uniformly enforced.
D. The City Manager or designee shall submit a copy of the application to the Parks,
Recreation and Natural Resources Commission for an evaluation of the environmental
impact of the proposed construction, and the Planning Commission and City Planner for
their report and recommendations.
E. The City Manager or designee shall submit a copy of the application to the Minnesota
Department of Natural Resources and appropriate Watershed District postmarked at least
10 days prior to approval of a permit.
F. The application for permit,together with staff reports, and comments and
recommendations from the Parks,Recreation and Natural Resources Commission and
Planning Commission shall be forwarded to the Council for action. The permit application
should be acted upon only after receipt of the comments and recommendations from the
appropriate Watershed District and Department of Natural Resources, except that if
comments and recommendations are not received within 60 days after submission to them
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pursuant to Subparagraph E above,the Council may act upon such application without
those recommendations.
G. Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny
permits,the Council may consider, among other things,the following:
1. Adequacy of lot size and building setbacks.
2. Adequacy of sewer and water facilities.
3. Adequacy of grading, filling and restoration.
4. Whether the structures will be structurally safe for use by the intended
users.
5. Whether the facility will comply with the regulations and shoreland
protection measures contained in this Section.
6. Whether the proposed structure will create a volume of traffic on the public
water in the vicinity of the facility which will tend to be unsafe.
7. Whether the proposed facility will be compatible with adjacent
development.
8. Whether the proposed facility will be compatible with the maintenance of
the natural beauty of the public water.
9. Whether the proposed facility will affect the quality,or ecology of the
public water.
10. Whether the proposed facility,by reason of noise, fumes or other nuisance
characteristics, will tend to be a source of nuisance or annoyance to
persons in the vicinity of the facility.
11. Whether adequate sanitary and parking facilities will be provided in
connection with the proposed facility.
H. Permit Conditions. The Council may impose written conditions on the issuance of
a permit. A violation of the terms and conditions of a permit is a violation of this
Section and grounds for revocation of the permit.
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Subd.6. Variance Standards
A. Procedures for Considering Variance Application.A variance from strict conformity with
the terms of this section may be granted in conformance with the provisions for granting
variances set forth in Section 11.76 of this Chapter.Upon receiving an application for a
variance,the Board of Adjustments and Appeals,prior to rendering a decision thereon,
may require the applicant to furnish the following information, as deemed necessary by the
Board,for determining the suitability of a particular site for the proposed use:
1. Plans showing elevation of the ground water supply, sanitation facilities,
photographs showing existing land uses, vegetation upstream and
downstream and soil types.
2. Specification for building constriction(including lot size and setbacks),
filling, and grading,water supply, and sanitary facilities.
3. Such other information as may bear on the suitability of the proposed
structure or development.
B. Provisions of the variance regulations contained in this section shall apply.
For existing developments,the application for variance must clearly demonstrate whether
a conforming sewage treatment system is present for the intended use of the property.
The variance,if issued,must require reconstruction of a nonconforming sewage treatment
system.
C. Administration of Variance.Refer to Subdivision 5 entitled Administration,Application
and Issuance of Certain Permits.
Subd.7. Shoreland Classification System & Profile.
A. The public waters of the City are as set forth below:
1. Natural Environment Waters Protected Water Inventory I.D.#
Grass Lake 27-80P
McCoy Lake 27-77W
Mitchell Lake 27-70P
Neill Lake 27-79P
Rice Marsh Lake 10-1P
Rice Lake 27-132P
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Round Lake 27-71 W
School Pond 27-75W
Smetana Lake 27-73W
Super Valu Pond(unnamed pond) 27-72P
2. Recreational Development Waters Protected Waters Inventory I.D.#
Anderson Lake 27-62P
Birch Island Lake 27-81P
Bryant Lake 27-67P
Duck Lake 27-69P
Idlewild Lake 27-74P
Riley Lake 10-2P
Red Rock Lake 27-76P
Staring Lake 27-78P
3. General Development Waters
General Legal Description
From: Sec/T/R To: Sec/T/R
Minnesota River 31/116/22(City Limit) 36/116/22(City Limit)
Nine Mile Creek 02/116/22(City Limit) 12/116/22(City Limit)
03/116/22(City Limit) 02/116/22(27-67-P)
Purgatory Creek 06/116/22(City Limit) 06/116/22(City Limit)
05/116/22(City Limit) 36/116/22(MN River)
Riley Creek 18/116/22(10-lP) 32/116/22(N4N River)
Subd.8. Zoning Restrictions.No building permit shall be issued for any lots zoned as rural,
residential,commercial,office,industrial,public or any sub-zoning district thereof which are
within the Shoreland unless the use is in conformance with this Chapter and conforms to the
following lot size dimensions and setbacks.
A. Natural Environment Waters.
1. Single Family Housing Detached Dwellings.
a. Lots abutting without public sewer:
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(1) Minimum lot size-5 acres.
(2) Minimum width at building line-300 feet.
(3) Minimum width at Ordinary High Water Level-200 feet.
(4) Minimum setback from Ordinary High Level-200 feet.
b. Lots abutting with public sewer and water:
(1) Minimum lot size-40,000 square feet.
(2) Minimum width at building line- 150 feet.
(3) Minimum width at Ordinary High Water Level- 150 feet.
(4) Minimum setback from Ordinary High Water Level- 150 feet.
2. Multiple Housing Attached Dwellings.
a. Lots must have public sewer and water.
b. Lots abutting:
(1) Minimum lot size-30,000 sq. ft./unit.
(2) Minimum width at building line- 150 feet.
(3) Minimum width at Ordinary High Water Level- 150 feet.
(4) Minimum setback from Ordinary High Water Level- 150 feet.
(5) Structures shall not comprise more than 50%of the length of the
shoreland within the lot.
3. Office and Institutional.
a. Lots must have public sewer and water.
b. Lots abutting:
(1) Minimum lot size- 10 acres.
(2) Minimum width at building line-200 feet.
(3) Minimum width at Ordinary High Water Level-200 feet.
(4) Minimum setback from Ordinary High Water Level-200 feet.
4. Commercial and Industrial(no outside storage allowed).
a. Lots must have public sewer and water.
b. Lots abutting:
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(1) Minimum lot size- 10 acres.
(2) Minimum width at building line-200 feet.
(3) Minimum width at Ordinary High Water Level-200 feet.
(4) Minimum setback from Ordinary High Water Level-200 feet.
B. Recreational Development Waters.
1. Single Family Housing Detached Dwellings.
a. Lots abutting without public sewer:
(1) Minimum lot size-5 acres.
(2) Minimum width at building line-300 feet(Rural-300 feet).
(3) Minimum width at Ordinary High Water Level- 150 feet.
(4) Minimum setback from Ordinary High Water Level- 100 feet.
b. Lots abutting with public sewer and water:
(1) Minimum lot size-20,000 square feet.
(2) Minimum width at building line- 120 feet.
(3) Minimum width at Ordinary High Water Level- 120 feet.
(4) Minimum setback from Ordinary High Water Level- 100 feet.
2. Multiple Housing Attached Dwellings.
a. Lots must have public sewer and water.
b. Lots abutting:
(1) Minimum lot size- 15,000 sq. ft./unit.
(2) Minimum width at building line- 120 feet.
(3) Minimum width at Ordinary High Water Level- 120 feet.
(4) Minimum setback from Ordinary High Water Level- 150 feet.
(5) Structures shall not comprise more than 50%of the length of the
shoreland within the lot.
3. Office and Institutional.
a. Lots must have public sewer and water.
b. Lots abutting:
(1) Minimum lot size-5 acres.
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(2) Minimum width at building line-200 feet.
(3) Minimum setback from Ordinary High Water Level-200 feet.
(4) Minimum width at Ordinary High Water Level-200 feet.
4. Commercial and Industrial(no outside storage allowed).
a. Lots must have public sewer and water.
b. Lots abutting:
(1) Minimum lot size- 10 acres.
(2) Minimum width at building line-200 feet.
(3) Minimum width at Ordinary High Water Level-200 feet.
(4) Minimum setback from Ordinary High Water Level-200 feet.
C. General Development Waters.
1. Single Family Housing Detached Dwellings.
a. Lots abutting without public sewer:
(1) Minimum lot size-5 acres.
(2) Minimum width at building line- 120 feet.
(3) Minimum width at Ordinary High Water Level- 120 feet.
(4) Minimum setback from Ordinary High Water Level- 100 feet.
b. Lots abutting with public sewer and water:
(1) Minimum lot size- 13,500 square feet.
(2) Minimum width at building line- 120 feet.
(3) Minimum width at Ordinary High Water Level- 120 feet.
(4) Minimum setback from Ordinary High Water Level- 100 feet.
2. Multiple Housing Attached Dwellings.
a. Lots must have public sewer and water.
b. Lots abutting:
(1) Minimum lot size- 10,000 square feet/unit
(2) Minimum width at building line- 100 feet.
(3) Minimum width at Ordinary High Water Level- 120 feet.
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(4) Minimum setback from Ordinary High Water Level- 150 feet.
(5) Structures shall not comprise more than 50% of the length of the
shoreland within the lot.
3. Office and Institutional.
a. Lots must have public water and sewer.
b. Lots abutting:
(1) Minimum lot size-2 acres.
(2) Minimum width at building line- 150 feet.
(3) Minimum width at Ordinary High Water Level- 150 feet.
(4) Minimum setback from Ordinary High Water Level- 150 feet.
4. Commercial.
a. Lots must have public water and sewer.
b. Lots abutting:
(1) Minimum lot size-2 acres.
(2) Minimum width at building line- 150 feet.
(3) Minimum width at Ordinary High Water Level- 150 feet.
(4) Minimum setback from Ordinary High Water Level- 150 feet.
5. Industrial.
a. Lots must have public water and sewer.
b. Lots abutting:
(1) Minimum lot size-5 acres.
(2) Minimum width at building line- 150 feet.
(3) Minimum width at Ordinary High Water Level- 150 feet.
(4) Minimum setback from Ordinary High Water Level- 150 feet.
D. Additional Special Provisions.
1. Where development exists on both sides of a proposed building site within the
same lot as the proposed building site, structural setbacks may be altered to take
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Section 11.50
setbacks of existing structures into account if approved by the City Mananger or
designee,provided the proposed building site is not within a shore or bluff impact
zone.
2. Commercial,industrial, or permitted open space uses requiring location on or near
public waters may be allowed as a variance closer to such waters than the setbacks
specified in this Section.
3. Septic tanks and soil absorption systems shall be setback from the ordinary high
water level in accordance with the class of public water:
a. Natural Environment Waters, at least 150 feet.
b. Recreational Development Waters, at least 100 feet.
C. General Development Waters, at least 100 feet.
E. Additional Structure Setbacks. The following additional structure setbacks apply,
regardless of the classification of the waterbody:
Setback From: Setback(in feet);
1. top of bluff; 30 for principle structure
2. unplatted cemetery; 50
3. right-of-way line of 20
public street,
or other roads or streets
not classified;
F. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings,
must not be placed within bluff impact zones.
G. Steep Slopes. The City Manager or designee shall required soil erosion protection and
must evaluate possible soil erosion impacts, soil protection and development visibility from
public waters before issuing a permit for construction of sewage treatment systems,roads,
driveways, structures, or other improvements on steep slopes. When determined
necessary, conditions must be attached to issued permits to prevent erosion and to
preserve existing vegetation screening of structures, vehicles, and other facilities as viewed
from the surface of public waters,assuming summer,leaf-on vegetation.
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H. Uses Without Water-oriented Needs. Commercial, industrial,public and semi-public uses
without water-oriented needs must be located on lots or parcels without public waters
frontage, or,if located on lots or parcels with public waters frontage,must either be set
back double the normal ordinary high water level setback or be substantially screened from
view as determined by the City Manager or designee from the water by vegetation or
topography, assuming summer,leaf-on conditions as determined by the City Manager or
designee.
Subd.9. Design Criteria For Structures.
A. High Water Elevation. Structures shall be placed such that the lowest floor elevation is at
least two feet above the 100-Year Frequency Flood Level.
B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory
structure not meeting the normal structure setback in Subdivision 8 of this section if this
water-oriented accessory structure complies with the following provisions:
1. The structure or facility must not exceed ten feet in height, exclusive of safety rails,
and cannot occupy an area greater than 250 square feet;
2. The setback of the structure or facility from the ordinary high water level must be
at least ten feet;
3. The structure or facility must be treated to reduce visibility as viewed from public
waters and adjacent shorelands by vegetation,topography, increased setbacks or
color, assuming summer,leaf-on conditions;
4. The roof of any water-oriented structure may not be used as a storage area;
5. The structure or facility must not be designed or used for human habitation and
must not contain water supply, or sewage treatment facilities.
C. Stairways,Lifts, and Landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore
areas. Stairways and lifts must meet the following design requirements:
1. Stairways and lifts must not exceed 4 feet in width on residential lots.Wider
stairways may be used for commercial properties,public open-space recreational
properties.
2. Landings for stairways and lifts on residential lots must not exceed 32 square feet
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Section 11.50
in area. Landings greater than 32 square feet but less than 64 square feet may be
used for commercial properties, and public open-space recreational properties.
3. Canopies or roofs are not allowed on stairways, lifts, or landings.
D. Controlled Access. Lots intended as controlled accesses to public waters or as recreation
areas for use by owners of nonriparian lots within subdivisions are permissible and must
meet or exceed the following standards:
1. The lot must meet the width and size requirements for residential lots as required
by subd. 8 of this section.
2. If docking,mooring, or over-water storage of more than six(6) watercraft is to be
allowed at a controlled access lot,then the width of the lot(keeping the same lot
depth)must be increased by 25 percent of the requirements for riparian residential
lots for each watercraft beyond six.
3. The lot must be jointly owned by all purchasers of lots in the subdivision or by all
purchasers of nonriparian lots in the subdivision who are provided riparian access
rights on the access lot.
4. Covenants must be developed that specify which lot owners have authority to use
the access lot and what activities are allowed. The activities may include
watercraft launching,loading, storage,beaching,mooring, or docking. The
covenants must also include other outdoor recreational activities that do not
significantly conflict with general public use of the public water or the enjoyment
of normal property rights by adjacent property owners. Examples of the
nonsignificant conflict activities include but are not limited to,swimming,
sunbathing, or picnicking. The covenants must limit the total number of vehicles
allowed to be parked and the total number of watercraft allowed to be
continuously moored, docked, or stored over water, and must require
centralization of all common facilities and activities in the most suitable locations
on the lot to minimize topographic and vegetation alterations. The covenants must
also require all parking areas,storage buildings, and other facilities to be screened
by vegetation or topography as much as practical from view from the public water,
assuming summer,leaf-on conditions. The covenants must be filed with the County
Recorder or the Registrar of Titles for Hennepin County.
Subd. 10. Placement and Height of Structures.
A. Placement of Structures on Lots. When more than one setback applies to a site, structures
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and facilities must be located to meet all setbacks. Where structures exist on the adjoining
lots on both sides of a proposed building site, structure setbacks may be altered without a
variance to conform to the adjoining setbacks from the ordinary high water level,provided
the proposed building site is not located in a shore impact zone or in a bluff impact zone.
Structures shall be located as follows:
1. Stairways, lifts, and landings may be either constructed above the ground on posts
or pilings, or placed into the ground,provided they are designed and built in a
manner that ensures control of soil erosion.
2. Stairways,lifts, and landings must be located in the most visually inconspicuous
portions of lots, so as to minimize the view from the surface of the public water
assuming summer, leaf-on conditions,whenever practical.
3. Facilities such as ramps,lifts,or mobility paths for physically handicapped persons
are also allowed for achieving access to shore areas,provided that the dimensional
and performance standards of Subd. 9B and 9C are complied with in addition to
the requirements as contained in Minnesota Rules, Chapter 1340 a copy of which
is hereby adopted by reference and declared to be a part of this ordinance.
B. Height of Structures. All structures in residential districts,must not exceed 35 feet in
height.
Subd.11. Shoreland Alterations. Alterations of vegetation and topography is regulated to
prevent erosion into public waters, fix nutrients,preserve shoreland aesthetics,preserve historic
values,prevent bank slumping, and protect fish and wildlife habitat.
A. Vegetation Alterations.
1. Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads,utilities, and parking areas shall
be regulated by this Section and this Chapter.
2. Removal or alteration of vegetation, except for agricultural uses as regulated in
Subd. 14 is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and
on steep slopes is not allowed.
b. In shore and bluff impact zones and on steep slopes,limited clearing of
trees and shrubs and cutting,pruning, and trimming of trees is allowed to
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Section 11.50
provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings,picnic areas, access
paths, livestock watering areas,beach and watercraft access areas, and
permitted water-oriented accessory structures or facilities,provided that:-
(1) The minimal amount of vegetation is altered;
(2) The screening of structures,vehicles,or other facilities as viewed
from the water, assuming summer,leaf-on conditions, is not
substantially reduced;
(3) Along rivers, existing shading of water surfaces is preserved;
(4) The above provisions are not applicable to the removal of trees,
limbs,or branches that are dead, diseased, or pose safety hazards;
and
(5) All disturbed areas are restored to prevent erosion potential.
B. Topographic Alterations/Grading and Filling.
1. A grading and filling permit will be required for the movement of more than ten
(10) cubic yards of material within steep slopes and shore and bluff impact zones.
2. The issuance of construction permits, grading and filling permits, variances and
subdivision approvals are subject to evaluation based on the following criteria:
a. Grading or filling in any type 2,3,4,5,6,7, or 8 wetland must be evaluated to
determine how extensively the proposed activity would affect the following
functional qualities of the wetland;
(1) sediment and pollutant trapping and retention;
(2) storage of surface runoff to prevent or reduce flood damage;
(3) fish and wildlife habitat;
(4) recreational use;
(5) shoreline or bank stabilization; and
(6) noteworthiness,including special qualities such as historic
significance, critical habitat for endangered plants and animals,or
others.
b. Alterations must be designed and conducted in a manner that ensures only
the smallest amount of bare ground is exposed for the shortest time
possible;
C. Mulches or similar materials must be used,where necessary,for temporary
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bare soil coverage, and a permanent vegetation cover must be established
as soon as possible;
d. Methods to minimize soil erosion and to trap sediments before they reach
any surface water feature must be used;
e. Altered areas must 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;
f. Fill or excavated material must not be placed in a manner that creates an
unstable slope;
g. Plans to place fill or excavated material on steep slopes must be reviewed
by registered Engineer for continued slope stability and must not create
finished slopes of 30 percent or greater;
h. Fill or excavated material must not be placed in bluff impact zones;
i. Any alterations below the ordinary high water level of public waters must
first be authorized by the Commissioner of Department of Natural
Resources under Minnesota Statutes, section 103G.245;
j. Alterations of topography must only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
k. 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.
3. Alteration of Beds of Public Waters.
a. Any work which will change or diminish the course, current or cross
section of a public water shall be approved by the Commissioner of the
Department of Natural Resources before the work is begun. This includes
construction of channels, ditches, lagooning, dredging of lakes or stream
bottoms or removal of muck, silt,or weeds and filling in the lake or stream
18
Shoreland Code
Section 11.50
bed. Approval shall be construed to mean the issuance,by the
Commissioner,or a permit under the procedures of Minnesota Statute, Sec
103 G.245 and other related statutes.
b. Permission for excavation on shorelands where the intended purpose is
connection to protected water, such as boat slips, canals, lagoons, and
harbors,may be given only after the Commissioner of the Department of
Natural Resources has approved the proposed connection. Approval shall
only be given if the proposed work is consistent with applicable State
regulations for work in beds of public waters.
Subd.12. Placement and Design of Roads,Driveways, and Parking Areas.
A. Public and private roads and parking areas must be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from public waters.
Documentation must be provided by a registered architect,registered landscape architect,
or registered professional that all roads and parking areas are designed and constructed to
minimize and control erosion to public waters consistent with the field office technical
guides of the local soil and water conservation district,or other applicable technical
materials.
B. All roads and parking areas shall meet the setback requirements established for structures
in Subdivision 8 of this Section.
C. Roads, driveways,parking areas and any other impervious surfaces must not be placed
within bluff and shore impact zones.If no alternatives exist,they may be placed within
these areas, but shall not be placed closer than 50 feet of the Ordinary High Water Level,
and must be designed to minimize adverse impacts.Exceptions to this requirement include
recreation trials and boat launch ramps.
D. Public and private watercraft access ramps, approach roads, and access-related parking
areas may be placed within shore impact zones provided the vegetative screening and
erosion control conditions of this subpart are met. Grading and filling provisions of City
Code must be met for these facilities.
E. Natural vegetation shall be used in order to screen parking areas when viewed from a
public water.
Subd.13. Stormwater Management.
A. Existing natural drainageways,wetlands, and vegetated soil surfaces should be used to
19
Shoreland Code
Section 11.50
convey, store, filter, and retain stormwater runoff before discharge to public waters,unless
an improved drainage system meets all necessary regulations.
B. Development must be planned and conducted in a manner that will minimize the extent of
disturbed areas,runoff velocities, erosion potential, and reduce and delay runoff volumes.
Disturbed areas must be stabilized and protected as soon as possible and facilities or
methods used to retain sediment on the site.
C. When development density,topographic features, and soil and vegetation conditions are
not sufficient to adequately handle stormwater runoff using natural features and
vegetation,various types of constructed facilities such as diversions, settling basins,
skimming devices,dikes,waterways,and ponds may be used.
D. The installation of any erosion control measures are subject to the Minnesota Pollution
Control Agency's Urban Best Management Practices,a copy of which is hereby adopted
by reference and declared to be a part of this ordinance.
E. Impervious Surfaces. The total area of all impervious surfaces on a lot shall not exceed
30% of the total lot area.
F. When proposed facilities are used for stormwater management,documentation must be
provided by a registered Engineer that they will be designed and installed consistent with
the field office technical guide of the local soil and water conservation districts of
Hennepin County, and United States Soil Conservation Service.
G. Newly constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and slimming of surface debris before discharge.
Subd.14. Agriculture Use Standards. General cultivation farming,grazing,nurseries,
horticulture,truck farming, sod farming, and wild crop harvesting may be conducted if steep
slopes and shore and bluff impact zones are maintained in accordance with this chapter and such
use otherwise conforms to the requirements of this chapter.
Subd.15. Water and Waste Systems.Nonconforming sewage treatment systems shall be
regulated and upgraded in accordance with Subd.16 of this section.
A. Sanitary Restrictions.
1. A public or private supply of water for domestic purposes shall conform to
Minnesota Rules Chapter 4720 and 4725 and 7048-7100.
20
Shoreland Code
Section 11.50
2. Private wells shall be placed in areas not subject to flooding and upslope from any
source of contamination. Wells already existing in areas subject to flooding shall
be flood proofed in accordance with accepted engineering standards.
B. Water Supply and Sewage Treatment.
1. Water Supply. Any public or private supply of water for domestic purposes must
meet or exceed standards for water quality of the Minnesota Department of Health
and the Minnesota Pollution Control Agency.
2. Sewage treatment. Any premises used for human occupancy must be provided
with an adequate method of sewage treatment, as follows:
a. Publicly-owned sewer systems must be used where available.
b. All private sewage treatment systems must meet or exceed the Minnesota
Pollution Control Agency's standards for individual sewage treatment
systems contained in the document titled. "Individual Sewage Treatment
Systems Standards, Minnesota Rules Chapter 7080" a copy of which is
hereby adopted by reference and declared to be a part of this ordinance.
C. On-site sewage treatment systems must be set back from the ordinary high
water level in accordance with the setbacks contained in Subd. 8 of this
Section.
d. Public sewage disposal and commercial, agricultural,solid waste, and
industrial waste disposal, shall be subject to the standards of the Minnesota
Rules Chapters 7020 Animal Feedlots, 7035 Solid Waste, 7040 Sewage
Sludge Management, 7048 Waste Disposal-Operators,Inspections, 7060
Underground Waters, 7065 Effluent standards for Disposal Systems, 7077
Wastewater Treatment Assistance, a copy of which is hereby adopted by
reference and declared to be a part of this ordinance.
C. Septic Tank and Soil Absorption System.
1. Location and installation of septic tanks and/or soil absorption systems shall be
such that,with reasonable maintenance,it will function in a sanitary manner and
will not create a nuisance, endanger the domestic water supply,nor pollute or
contaminate any waters in the State. In determining a suitable location for the tank
or system,consideration shall be given to the size and shape of the lot, slope of
natural grade, soil permeability,high ground water elevation,geology,proximity
21
Shoreland Code
Section 11.50
to existing and future water supplies, accessibility for maintenance and possible
expansion of system.
2. Soil absorption systems shall not be allowed in the following areas for disposal of
domestic sewage: low swampy areas or areas subject to recurrent flooding; areas
where the highest known ground water table,bedrock,or impervious soil
conditions are within 4 feet of the bottom of the systems; and area of ground slope
which create a danger of seepage of the effluent onto the surface of the ground.
D. Permits shall stipulate that any identified nonconforming sewage treatment system, as
defined by Minnesota Rules 7080,,Individual Sewage Treatment Systems, shall be
reconstructed or replaced in accordance to the standards found in Minnesota Rules 7080.
E. Inspection. The Building Inspector shall make such inspection or inspections as are
necessary to determine compliance with this Section. No part of any soil absorption
system or septic tank shall be covered until it has been inspected and accepted by the
Building Inspector and a permit has been obtained from the City pursuant to Subdivision 5
of this Section. It shall be the responsibility of the applicant for the permit to notify the
Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the
Inspector to make the indicated inspection within a reasonable time after such notice has
been given. It shall be the duty of the owner or occupant of the property to give the
Inspector free access to the property at reasonable times for the purpose of making such
inspections. If upon inspection the Inspector discovers that any part of the system is not
constructed in accordance with the minimum standards in this Section,he shall give the
applicant written notification describing defects. The applicant shall be responsible for
correction or elimination of all defects, and no system shall be placed or replaced in
service until all defects have been corrected or eliminated. Upon final inspection approval,
the Inspector shall so notify the applicant in writing.
Subd.16. Non-Conforming Structures,Lots,or Sewage Treatment Systems. An existing
structure or use which was lawful before adoption of this Section,but which is not in conformity
with the provisions of this Section,may be continued subject to the following conditions:
A. No structure or use shall be expanded, changed, enlarged,or altered in any way without
complying in all respects with this Section.
B. If any non-conforming structure is destroyed or damaged by any means, to the extent that
the cost of repairing or restoring such destroyed or damaged non-conforming structure
would be 50%or more of the Assessor's Market Value for tax purposes at the time of
damage,then it shall not be reconstructed except in full compliance in all respects with the
provisions of this Section, including,but not limited to,the obtaining of all required
22
Shoreland Code
Section 11.50
permits.
C. Substandard Lots. The City may issue a building permit for a lot of record in the office of
the County Recorder prior to the date of enactment of this Section which does not meet
the lot size requirements of this Subdivision,provided the lot complies with setback
provisions and sanitary restrictions of this Section, and is in separate ownership from
abutting lands, except those lots not in separate ownership.
D. Nonconforming sewage treatment systems.
1. A sewage treatment system not meeting the requirement of Minnesota Rules 7080,
entitled Individual Sewage Treatment Systems,must be upgraded,at a minimum,
at any time a permit or variance of any type is required for any improvement on, or
use of,the property. For the purposes of this provision, a sewage treatment
system shall not be considered nonconforming if the only deficiency is the sewage
treatment system's improper setback from the ordinary high water level.
2. The City will require upgrading or replacement of any nonconforming system
within a reasonable period of time which will not exceed 2-years. Sewage systems
installed according to all applicable local shoreland management standards adopted
under Minnesota Statutes, section 103F.201, in effect at the time of installation
may be considered as conforming unless they are determined to be failing, except
that systems using cesspools, leaching pits, seepage pits,or other deep disposal
methods, or systems with less soil treatment area separation above groundwater
than required by the Minnesota Rules Chapter 7080 for design of on-site sewage
treatment systems, shall be considered nonconforming.
Subd.17. Subdivision Restrictions.
A. Land Suitability. No permit shall be granted for land to be subdivided which the City finds
to be unsuitable for the proposed use because of wetlands,near-shore aquatic conditions
unsuitable for water-based recreation,important fish and wildlife habitat,presence of
significant historic sites,flooding, inadequate drainage, soil and rock formation, severe
erosion potential,unfavorable topography,inadequate water supply or sewage disposal
capabilities,or any other feature likely to be harmful to the health, safety or welfare of
future residents.
B. Inconsistent Plats. All plats which are inconsistent with this Section shall be received and
reviewed by the Commissioner 10 days before a hearing is called by the City for
consideration of approval of a preliminary plat.
23
Shoreland Code
Section 11.50
C. Copies of Plats. The Commissioner shall receive all plats within shoreland areas within 10
days of final approval by the City.
Subd.18. Information requirements. Sufficient information must be submitted by the applicant
for the city to make a determination of land development suitability. The information shall include
at least the following:
A. topographic contours at two-foot intervals showing limiting site characteristics;
B. the surface water features required in Minnesota Statutes, section 505.02, subdivision 1,
to be shown on plats, obtained from United States Geological Survey quadrangle
topographic maps or more accurate sources;
C. adequate soils information to determine suitability for building and on-site sewage
treatment capabilities for every lot from the most current existing sources or from field
investigations such as soil boring,percolation tests, or other methods;
D. information regarding adequacy of domestic water supply; extent of anticipated vegetation
and topographic alterations;near-shore aquatic conditions,including depths,types of
bottom sediments,and aquatic vegetation; and proposed methods for controlling
stormwater runoff and erosion,both during and after construction activities;
E. location of shoreland areas, 100-year flood plain areas from existing adopted maps or
data; and
F. a line or contour representing the ordinary high water level,the "toe" and the "top" of
bluffs,and the minimum building setback distances from the top of the bluff and the lake
or stream.
G. When a land or easement dedication is a condition of subdivision approval,the approval
must provide easements over natural drainage or ponding areas for management of
stormwater and significant wetlands.
H. Controlled Access or Recreational Lots. Lots Intended as controlled accesses to public
waters or for recreational use areas for use by nonriparian lots within a subdivision must
meet or exceed the sizing criteria in Subd. 8 of this Section.
Subd.19. Planned Unit Development(PUD). For PUD developments within a shoreland area
as defined,the provisions of Section 11.40 shall apply.
Section 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the
24
Shoreland Code
Section 11.50
Entire City Code. Including Penalty for Violation" and Section 9.99 entitled
"Violation a Misdemeanor"are hereby adopted in their entirety,by reference, as
though repeated verbatim herein.
Section 4. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
,day of , 1996, and finally read and adopted and ordered published in
summary form as attached hereto at a regular meeting of the City Council of said City on
the day of . 1996.
ATTEST:
G�
John D.(/rne/, ity Clerk Jean L. Hams,Mayor
PUBLISHED in the Eden Prairie News on Awi t ✓�l�9b
G:\BARB\SIEVE\1150.COU
25
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-9 6
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING CITY CODE
CHAPTER 11, SECTION 11.02 ENTITLED DEFINITIONS AND SECTION 11.50 ENTITLED
SHORELAND MANAGEMENT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, M NNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 11, Section 11.02 entitled Definitions
and Section 11.50 entitled Shoreland Management to include new statewide standards for management of
shoreland area and reorganization of the shoreland management code.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the . 0F j
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
ORDINANCE NO.16-96 the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
AN ORDINANCE OF THE CITY as follows:
OF EDEN PRAIRIE, MINNESOTA, (A)This newspaper has complied with the requirements constituting qualification as a legal
AMENDING CITY CODE CHAPTER newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
11,SECTION 11.02 ENTITLED DEFI- amended.
NMONS AND SECTION 11.50 EN-
TITLED SHORELAND MANAGE- (B)The printed public notice that is attached to this Affidavit and identified as No.2�
MENT,AND ADOPTING BY REFER- was published on the date or dates and in the newspaper stated in the attached Notice,and said
ENCE CITY CODE CHAPTER 1 AND Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the
SECTION 11.99, WHICH, AMONG newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
OTHER THINGS, CONTAIN PEN- inclusive,and is hereby acknowledged as being the land and size of type used in the composition
ALTY PROVISIONS. and publication of the Notice:
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNE- abcdefghijkimno q tuvwxyz
SOTA,ORDAINS:
Summary: This ordinance amends
City Code Chapter 11, Section 11.02
entitled Definitions and Section 11.50 B
entitled Shoreland Management to in- Stan Rolfsrud,AGeneral Manager
clude new statewide standards for man- or his designated agent
agement of shoreland area and reorgani-
zatio n of the shoreland management code.
Effective Date:This Ordinance shall Subscribed and sworn before me on
take effect upon publication.
ATTEST:
/s/John D.Frane
City Clerk _ this�-day of , 1996 G'.'3Eit1 1a1. RADllENZ
/s/Jean L.Harris N1011A Y rUS11C—"INNESOTA
Mayor MY C0:.'1'IS8I0N EXPIRES 1-31-00
(Published in the Eden Prairie News on
Thursday,April 25,1996;No.7569)
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch
Maximum rate allowed by law for the above matter...................................$16.00 per column inch
Rate actually charged for the above matter.............................................. $ 7.67 per column inch