Chapter 8
ENVIRONMENTAL OVERLAY DISTRICTSlinklink

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10-8-1: GENERAL PROVISIONS FOR ALL OVERLAY DISTRICTS:
10-8-2: DEFINITIONS:
10-8-3: LEGISLATIVE FINDINGS AND PURPOSE:
10-8-4: OVERLAY DISTRICT ADMINISTRATION:
10-8-5: WETLANDS OVERLAY DISTRICT STANDARDS:
10-8-6: SOIL EROSION OVERLAY DISTRICT STANDARDS:
10-8-7: RESTRICTIVE SOILS OVERLAY DISTRICT STANDARDS:
10-8-8: CONTROLLING EROSION AND SEDIMENT FROM LAND DISTURBING ACTIVITIES:
10-8-9: WOODLAND PROTECTION STANDARDS:
10-8-10: SHORELAND OVERLAY DISTRICT:
10-8-11: STORMWATER MANAGEMENT OVERLAY DISTRICT STANDARDS:
10-8-12: DRINKING WATER PROTECTION OVERLAY DISTRICT:
10-8-13: OTHER GENERAL CONDITIONS:
10-8-14: TIME OF PERMIT; EXTENSIONS; RENEWALS:
10-8-15: RESPONSIBILITY; EFFECT:

10-8-1: GENERAL PROVISIONS FOR ALL OVERLAY DISTRICTS:linklink


(A) Purpose And Intent: Overlay districts established by this chapter are created for the purpose of protecting environmentally sensitive areas within designated areas of the city.


(B) Scope: These districts shall overlay the established zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the established zoning districts. Land within an overlay district shall be subject to the requirements established in this title, as well as restrictions and requirements established by other applicable ordinances and regulations of the city. Within each adopted overlay district all uses shall be permitted in accordance with the regulations for the underlying zoning district(s); provided, however, that such uses must satisfy the additional requirements established in this title before development will be allowed.


(C) Establishment Of Districts: The following overlay districts are hereby established:

1. Wetlands overlay district.

2. Soil erosion overlay district.

3. Restrictive soils overlay district.

4. Woodland overlay district.

5. Shoreland overlay district.

6. Stormwater overlay district.

7. Drinking water protection overlay district.


(D) District Boundaries: This title shall apply to the wetlands, soil erosion, restrictive soils, and shoreland overlay districts which are specifically delineated on the official environment overlay district maps of the city, which are incorporated herein by reference. The drinking water protection overlay district shall apply to the areas of the city, shown on the drinking water protection overlay map adapted from the wellhead protection area in part two of the wellhead protection plan dated June 19, 2013. For purposes of this title the woodland and stormwater management overlay districts shall encompass the entire city. (Ord. 1344, 6-2-2015)

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10-8-2: DEFINITIONS:linklink

For the purposes of this chapter, the following words and phrases are defined as follows:

ACCESSORY STRUCTURE: Any building or improvement subordinate to a principal use.

BLUFF: A topographic feature such as a hill, cliff, or embankment having 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 twenty five feet (25') above the ordinary high water level of the water body;

(C) The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater; and

(D) The slope must drain toward the water body.

BLUFF IMPACT ZONE: A bluff and land located within twenty feet (20') from the top of a bluff.

BUFFER STRIP: An area of nondisturbed ground cover abutting a wetland that may not be mowed, cut, or fertilized, which is left undisturbed to filter sediment, materials, and chemicals.

BUILDING ACTIVITY AREA: The area on the lot where building activity shall take place, including the entire area affected by building and grading activities related to the approved construction.

BUILDING LINE: A line parallel with the front lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

CLEAR CUTTING: The removal of an entire stand of trees.

COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

COMMISSIONER: The commissioner of the department of natural resources.

COMPACTION: Reducing the bulk of soil in a tree's critical root zone (within the drip line) by rolling, tamping and compression.

CROWN COVER: The ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage.

CUTTING: Felling or removal of a tree or any procedure (including root removal) the result of which is to cause the death or substantial destruction of a tree. Cutting does not include normal pruning or trimming.

DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet (3') aboveground.

DESIGN STORM: The 1.5 inch design storm is based on USDA NRCS methods for a storm having a twenty four (24) hour duration, type II distribution and antecedent moisture conditions 2 (AMC-2).

DEVELOPMENT: The construction, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course current or cross section of any water body or watercourse or the division of land into two (2) or more parcels.

DEVELOPMENT PERMIT: Building permit, subdivision approval, rezoning, interim use permit, conditional use permit, and variance.

DIMENSIONAL REQUIREMENT: A minimum/maximum setback, yard requirement, or structure height or size established in the zoning ordinance.

DRIP LINE: An imaginary vertical line, which extends from the outermost branches of a tree's canopy to the ground.

DUPLEX, TRIPLEX AND QUAD: A dwelling structure on a single lot, having two (2), three (3), and four (4) units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

EROSION: The general process by which soils are removed by flowing surface or subsurface wind or water.

EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota statutes, sections 93.44 to 93.51.

GROSS SOIL LOSS: The average annual total amount of soil carried from one acre of land by erosion.

IMPERVIOUS SURFACE: The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil. Impervious surface shall include, but not be limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, swimming pools, tennis and basketball courts, covered decks, porches, retaining walls, solar energy systems and other structures. Open, uncovered decks are not considered impervious for the purposes of this chapter. The use of patio blocks, paver bricks or class 5 gravel material are considered impervious surfaces as a majority of water runs off the surface rather than being absorbed into natural soils underneath.

INDUSTRIAL USE: The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

ORDINARY HIGH WATER LEVEL (OHWL): Boundary of public waters and wetlands 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 flowages, the ordinary high water level is the operating elevation of the normal summer pool.

POORLY DRAINED SOILS: Soils located where the water table is permanently or seasonably three feet (3') or less from the ground surface.

PRACTICAL DIFFICULTIES: The same as that term is defined in Minnesota statutes, chapter 462, and subsection 10-5-4(A) of this title.

PRINCIPAL STRUCTURE: Any building or appurtenance, including decks, which is used to conduct the principal land use of the lot on which it is located except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

PUBLIC WATERS: Any waters as defined in Minnesota statutes, section 103G, subdivisions 14 and 15.

PUBLIC WATERS WETLANDS: All types 3, 4, and 5 wetlands, as defined in United States fish and wildlife service circular no. 39 (1971 edition), not included within the definition of public waters, as defined in Minnesota statutes section 103G.005, subdivision 15, that are two and one-half (21/2) or more acres in size.

REMOVE OR REMOVAL: The actual physical removal, or the effective removal through damaging, poisoning or other direct or indirect action resulting in, or likely to result in, the death of the tree.

RETENTION FACILITY: A facility which provides storage of stormwater runoff and controlled release of the runoff during and after a flood or storm.

SEDIMENT: Suspended matter carried by water, sewage or other liquids.

SEMIPUBLIC USE: The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

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.

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.

SHALLOW SOILS: Soils located over bedrock which lies three feet (3') to five feet (5') below the ground surface.

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 fifty percent (50%) of the required structure setback.

SHORELAND: Land located within the following distances from public waters: one thousand feet (1,000') from the ordinary high water level of a lake, pond, or flowage; and three hundred feet (300') from a river or stream, or the landward extent of a floodplain designated by ordinance 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.

SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the national register of historic places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

SOIL: The upper layer of earth which may be dug or plowed; the loose surface material of the earth in which vegetation normally grows.

SOILS WITH HIGH FROST ACTION POTENTIAL: Soils which are susceptible to changes in volume during period of frost.

SOILS WITH HIGH SHRINK-SWELL POTENTIAL: Soils which are susceptible to changes in physical volume when moistened.

SOILS WITH LOW PERMEABILITY: Soils which have a permeability rate greater than sixty (60) minutes per inch.

SOILS WITH RAPID PERMEABILITY: Soils having a permeability rate between five (5) minutes per inch and one-half (1/2) minute per inch.

SOILS WITH VERY RAPID PERMEABILITY: Soils having a permeability rate greater than one-half (1/2) minute per inch.

STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more, that are not bluffs.

STRUCTURE: Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

SUBDIVISION: Land that is divided for the purpose of sale, rent, or lease.

SUBSURFACE SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual sewage treatment system as described and regulated in subsection 10-8-10(C)8 of this chapter and title 7, chapter 11 of this code.

SURFACE WATER ORIENTED COMMERCIAL USE: The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

TOE OF THE BLUFF: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

TOP OF THE BLUFF: The higher point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

TREE: Any perennial woody plant having a main trunk and a distinct crown. See also definition of Vegetation.

TREE PRESERVATION AREAS: Areas identified on a site plan where no construction or vegetation removal activity can occur, except undesirable trees and vegetation approved by the city forester.

UNDEVELOPED PROPERTY: Any property within the city on which no "development" (as defined in section 10-4-2 of this title) has occurred.

VARIANCE: The same as that term as defined or described in Minnesota statutes, chapter 462, and section 10-4-2 and subsection 10-5-4(A) of this title.

VEGETATION: All plant growth, including, without limitation, trees, shrubs, mosses and grasses. See also definition of Tree.

VEGETATION, NATIVE: The presettlement group of plant species native to the North American continent which were not introduced as a result of European settlement.

VERY SHALLOW SOILS: Soils located over bedrock which lies zero feet (0') to three feet (3') below the ground surface.

WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

WETLANDS: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, excluding public waters wetlands. For purposes of this definition, wetlands must have the following three (3) attributes:

(A) Have a predominance of hydric soils;

(B) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(C) Under normal circumstances support a prevalence of such vegetation.

WOODLAND: Any tree or stand of trees and other associated vegetation to include understory trees, shrubs, grasses, and leaf litter. (Ord. 732, 9-21-1998; amd. Ord. 884, 6-2-2003; Ord. 1265, 5-22-2012; Ord. 1379, 3-8-2016)

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10-8-3: LEGISLATIVE FINDINGS AND PURPOSE:linklink


(A) Wetlands Overlay District: Wetlands and public waters wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this overlay district to establish a policy of sound stewardship through coordination of regulations, which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. This overlay district is adopted in part to implement the wetland conservation act of 1991 (Minnesota laws 1991, chapter 354, as amended), and the accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended). (Ord. 732, 9-21-1998)


(B) Soil Erosion Overlay District: There are areas within the city which, due to certain slopes or unstable soils, create ecological problems including siltation and pollution of water bodies and streams due to excessive erosion and runoff and present threats to the public safety in the form of landslide and mudslide dangers. Therefore, the purpose of this chapter is:

To promote the public safety by minimizing the hazards of certain slopes and unstable soils and promote public health by reducing the siltation and pollution of water bodies and streams, and promote the general welfare by preserving significant features of the natural character of slopes and conditioning development in a manner that minimizes the above enumerated threats to the health, safety and welfare of the citizens of the city. (Ord. 1265, 5-22-2012)


(C) Restrictive Soils Overlay District: Areas within the city are characterized by certain soil types, slopes and water levels which, without proper corrective action, are unsuitable for development. Inappropriate development in those areas increases soil erosion and sedimentation, the introduction of toxic materials into groundwater, encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies thereby acting to the detriment of the health, safety and welfare of the citizens of Burnsville. Therefore, the purpose of this chapter is:

To provide for the regulation of development on restrictive soils in such a way as to minimize the risk of environmental damage and to protect private homeowners and governmental units from incurring high maintenance and capital costs resulting from the necessity to correct deficiencies encountered as a result of development on poorly suited soils.


(D) Woodland Overlay District: The preservation of trees and woodlands within the city is critical to the health, safety and welfare of the citizens of the city, as well as those of the metropolitan area. Existing and potential development within the city and the metropolitan area has the effect of reducing and in some cases eliminating wooded areas, which, if preserved and maintained, serve important ecological, recreational and aesthetic functions to the benefit of present and future residents of the city. Therefore, the purpose of this chapter is:

To preserve woodlands and trees on individual sites, protect the safety of the residents by preventing wind and water erosion, slope instability and rapid runoff, promote the health of the residents by absorption of air pollutants, contaminants and noise; increasing rainfall infiltration to the water table, provide a diversified environment for many kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and recreational requirements of the area and promote energy conservation by shading buildings in the summer and breaking winds in the winter.


(E) Shoreland Overlay District:

1. Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota statutes, chapter 103F, Minnesota regulations, parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota statutes, chapter 462.

2. Policy: The uncontrolled use of shorelands of Burnsville, Minnesota, affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Burnsville, hereinafter referred to as "the city".

3. Jurisdiction: The shoreland overlay district provisions of this chapter shall apply to the shorelands of the public water bodies as classified in subsection 10-8-10(B) of this chapter. Pursuant to Minnesota regulations, parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities needs to 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 city, be exempt from this chapter.

4. Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations. (Ord. 732, 9-21-1998)


(F) Stormwater Overlay District: The management of stormwater runoff from land is critical to the health, safety and welfare of the citizens of the city. Quality and quantity of runoff directly affects the ecological and physical environments including soil erosion, flooding, water pollution and aquatic life. Therefore, the purposes of this chapter are:

To accommodate anticipated development while controlling the quality and quantity of stormwater runoff and properly managing and protecting surface groundwater resources and thereby implement the water resources management plan and set forth stormwater management performance standards which apply to all land disturbance activities.

Specific purposes are to further the maintenance of safe and healthful conditions; prevent and control the adverse effects of stormwater, prevent and control soil erosion, prevent and control water pollution, protect spawning grounds, fish and aquatic life; control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; prevent conditions that endanger downstream property; and control building sites, placement of structures, areas of impervious surface and promote sound economic growth. (Ord. 865, 12-2-2002)


(G) Drinking Water Protection Overlay District: The purpose and intent of this overlay district is to:

1. Acknowledge that certain areas within the city are highly susceptible to drinking water contamination, based on location of wells, surface water supply, and geomorphology;

2. Provide for land uses that are compatible with the protection of the drinking water supply, while providing performance standards for uses that may put the aquifer at risk;

3. Provide performance standards for land uses that have the potential to be detrimental to the drinking water supply. (Ord. 1344, 6-2-2015)

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10-8-4: OVERLAY DISTRICT ADMINISTRATION:linklink


(A) Administration: Except as hereinafter provided, no one may perform any development in a stormwater, woodlands, wetlands, shoreland, soil erosion, drinking water protection or restrictive soils overlay district or obtain a development permit, without first having demonstrated that the proposed activity will meet or exceed the additional performance standards contained in this chapter. Any application for a development permit on land which is covered, in whole or in part, by this chapter shall include a site plan. Other engineering data, such as surveys, soil studies, and other descriptive information, may also be required at the direction of the city. A specific description of the type, amount and location of the development, and a description of the ecological characteristics of the natural features contained on the property, as well as the conservation plan describing actions to be taken to mitigate detrimental effects of development may also be required. When the proposed development includes the construction or alteration of a structure, four (4) sets of plans and one digital plan set shall be submitted with the application.


(B) Exceptions:

1. Emergency Work Necessary To Preserve Life Or Property: A person may commence emergency work necessary to preserve life or property, provided that within ten (10) days following the commencement of that activity, he/she submits a site plan for review along with any other information requested by the city necessary to determine if the performance standards contained in this chapter were met. If upon this review it is determined that all of the performance standards were not met, a plan shall be submitted and implemented (following city approval) to restore the natural resources to meet the intent of the performance standards contained in this title.

2. Repair; Maintenance: Repair or normal maintenance.


(C) Conditional Use: An applicant of a proposed development whose development does not comply to the letter with one or more of the standards in this chapter, but meets the spirit of the standards, may apply to the city council for a conditional use permit, pursuant to section 10-5-5 of this title. The applicant shall demonstrate that the standards of section 10-5-5 of this title have been met, and that the proposed development adheres to the purposes of the overlay district standards. The planning commission and city council may attach conditions they deem necessary to protect the overlay district and ensure that the intent and purpose of the overlay district is accomplished.


(D) Enforcement: The city manager, or his or her designee, is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional and interim uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to subsection 10-8-10(A)1 of this chapter.


(E) Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.


(F) Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other provisions of this title inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.


(G) Definitions: Unless specifically defined in section 10-4-2 of this title and section 10-8-2 of this chapter, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. (Ord. 1344, 6-2-2015)

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10-8-5: WETLANDS OVERLAY DISTRICT STANDARDS:linklink

No development shall be allowed or development permit issued unless the council finds that the proposed development complies with the following standards:


(A) State Regulations: The wetland conservation act of 1991 (Minnesota laws, 1991, chapter 354, as amended) and that accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended) are incorporated herein by this reference.


(B) Delineation Of Wetlands: Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The standards and requirements set forth in this chapter shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.

A wetland is land that meets the definition of "wetlands" set forth in this chapter. Wetland boundaries and wetland types as established by officially adopted city maps shall be prima facie evidence of the location and type of wetland. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for review supporting the applicant's position. The applicant shall provide appropriate technical information, including, but not limited to, topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary. The city shall make a determination of the delineated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a qualified wetland consultant. The applicant may appeal the city's determination of the wetland boundary and type to the city council. Wetland boundaries shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred feet (300') of wetland boundary.


(C) No Net Loss: To achieve no net loss of wetland areas and public values, except as provided under subsection (O) of this section, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands.


(D) Standards: The following standards apply to all land within and abutting a wetland:

1. Septic and soil absorption system must be set back a minimum of seventy five feet (75') from a wetland.

2. The lowest ground floor elevation shall be a minimum of two feet (2') above the elevation of the wetland boundary.

3. Docks shall be elevated six (6) to eight inches (8") above the water surface.

4. Access across a wetland shall be by means of a boardwalk or dock and only upon approval of a wetland alteration permit.

5. The MPCA urban best management practices shall be followed.

6. The standards of the city's wetland protection and management plan shall be followed.


(E) Wetland Buffer Strips And Setbacks:

1. A buffer strip shall be maintained abutting all wetlands and public waters wetlands in accordance with the following table:

Wetland Classification   Principal And Accessory Structure Setback (Feet)   Permanent Buffer Strip Average Width (Feet)   Minimum Permanent Buffer Zone Width (Feet)   Percent Native Vegetation  
Protection   50   50   30   Entire  
Improvement   35   35   25   Entire  
Management   25   25   20   Majority  
Management II   None   20   20   Majority  

2. Buffer strip vegetation shall be established and maintained in accordance to the following requirements:

a. Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife.

b. The dimensions of the buffer strips may be adjusted by the city based upon the quality of the wetland and public waters wetland, local topographic conditions, and the type and design of development being proposed.

c. The use of a meandering buffer strip to maintain a natural appearance is encouraged.


(F) Wetland Alteration: An applicant for a permit to alter a wetland shall adhere to the following principles in descending order of priority:

1. Filling must be consistent with the city's wetland protection and management plan and the water resources management plan;

2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland activity and its implementation;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and

5. Filling in wetland areas must be mitigated in accordance with the requirements of this chapter and the city's wetland protection and management plan.

A permit shall not be issued unless the proposed development complies within the mitigation provisions of subsection (K) of this section, as well as the standards, intent, and purpose of this section.


(G) Permit Required: Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland and any land within the minimum permanent buffer zone as shown in subsection (E) of this section of a delineated wetland boundary requires a permit. Activity in a wetland requiring a permit includes, but is not limited to:

1. Construction of new streets and utilities.

2. Creation of ponds or dams and alterations of the natural drainageways of watercourses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland.

3. Installation of boardwalks.

4. Discharge of stormwater runoff in a manner that impacts the wetland.


(H) Filling: When a permit is issued allowing filling in a wetland, the following standards shall be followed:

1. Filling must be consistent with the water resources management plan.

2. Filling shall not cause the total natural nutrient stripping capacity of the wetland to be diminished to an extent that is detrimental to any area river, lake, or stream.

3. Only fill free of chemical pollutants and organic wastes may be used.

4. Filling in wetlands will not be permitted during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.

5. Filling in wetland areas must be mitigated in accordance with the requirements of this chapter.


(I) Dredging/Excavating/Grading: When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed:

1. The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland.

2. It shall be located as to minimize the impact on vegetation.

3. It shall not adversely change water flow.

4. The size of the dredged area shall be limited to the minimum required for the proposed action.

5. Disposal of the dredged material is prohibited within the wetland area, except to create islands that have been approved by the city as part of the mitigation plan.

6. Disposal of any dredged material shall include proper erosion control and nutrient retention measures.

7. Dredging in any wetland is prohibited during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.

8. Dredging in wetlands must be mitigated in accordance with the requirements of this title if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the city where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the city's wetland protection and management plan and the water resources management plan.


(J) Stormwater Runoff: When a permit is issued allowing stormwater runoff to discharge directly into a wetland, the following standard shall be followed:

Stormwater runoff from a development may be directed to the wetland if permitted by the city's wetland protection and management plan and the water resources management plan. Sheet flow and other overland drainage of runoff shall be encouraged.


(K) Mitigation:

1. Mitigation Intent: Where wetland alteration is approved and mitigation is required, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve replacement of the wetland function and value.

2. Mitigation Standards: Mitigation of wetlands for function and value should be restored, created, and enhanced to have the following characteristics:

a. Relatively stable water levels subject to natural fluctuations.

b. Pretreatment of inflow waters to improve quality.

c. High level of upland/lowland intermingling.

d. A ratio of open water to aquatic vegetation between one to one (1:1) and one to two (1:2).

e. High degree of intermingling of open water and aquatic vegetation.

f. High level of plant species diversity.

g. Restoration of native plant species in upland and lowland areas.

h. Undisturbed upland/lowland edge (i.e., buffer).

i. Meandered wetland edge.

j. Irregular bottom contours - mix of shallow and deep water.

k. Shallow side and bottom slopes - preferable ten to one (10:1) to thirty to one (30:1) around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability.

3. Mitigation Techniques:

a. Mitigation shall be performed at a ratio required by state law.

b. Mitigation shall result in no net loss to the wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat.

c. Mitigation shall provide a buffer strip as set forth in this chapter. The buffer strip acreage may be included in the total acreage for mitigation purposes to the extent allowed pursuant to Minnesota rules 8420.0540.

d. Mitigation shall maintain or enhance the wetland hydrological balance through the following:

(1) Restoration of drained or partially drained wetlands.

(2) Restoration of degraded wetlands.

(3) Creation of new wetlands.

e. If stormwater is channeled into a wetland, mitigation shall provide for pretreatment of water prior to it entering the wetland to improve water quality.

f. The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity, provide visual variety, and provide nesting and food for wildlife.

g. Wetland mitigation should be undertaken on site. If this is not feasible as demonstrated to the city, mitigation should occur in accordance with the requirements of the wetland conservation act.

4. Construction Management And Long Term Wetland Maintenance:

a. The permit holder shall follow the urban best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat.

b. The permit holder shall conduct a monitoring program in accordance with the requirements of the wetland conservation act. A letter of credit in the amount of the estimated construction costs of the mitigation plan from the permit holder shall be held to ensure compliance. The letter of credit shall be in the form approved by the city and shall be from an FDIC insured local bank. The letter of credit may be reduced to twenty five percent (25%) if the city approves the mitigation construction and the permit holder provides the city with as built plans showing compliance with the approved mitigation plans. At the end of the monitoring period, the city will release the last twenty five percent (25%) of the letter of credit if the permit holder demonstrates compliance with the designed wetland as built plans.

Where feasible, the city shall require the permit holder to satisfy long term management requirements.


(L) Application And Issuance Of Permit:

1. The applicant for a permit shall furnish the information required by the city including, but not limited to, a site plan, topographic data, hydrological data, and an assessment of the functions and value of the impacted wetland (MnRAM assessment) for the review of a wetland alteration permit application. The director of parks and natural resources shall use discretion regarding the level and complexity of information required to review the request. A wetland alteration permit shall not be issued without having been first reviewed by city staff and approved by the city council following requirements and time schedules of Minnesota rules 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purpose, intent, and other provisions of this chapter. The city council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this title. Such conditions may, among other matters, limit the size, kind, or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland function and value; establish required monitoring procedures and maintenance activity; state the work over time; require the alteration of the site design to ensure buffering; and require the provision of a performance security.

2. The director of parks and natural resources or designee shall serve on the technical evaluation panel. Decisions under this section must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland protection and management plan per Minnesota rules 8420.0650. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions.

3. Decisions made under this section concerning implementation of the wetland conservation act may be appealed to the board of water and soil resources under Minnesota rules 8420.0250.

4. The application for a permit under this chapter shall be accompanied by a permit fee to be determined by the city council.


(M) Inspection Of Work: The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work.


(N) Expiration And Renewal Of Permit:

1. Unless other time periods are specified by the city council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one year after the date the city council approves the permit application.

2. The permittee shall provide written notice to the city twenty four (24) hours prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion.

3. If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void. The city council may renew a void permit at its discretion. If the city council does not renew the permit, the holder of the void permit may make original application for a new permit.

4. The permittee may make written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension.


(O) Exemptions: Activities exempted by Minnesota rules 8420.0122 shall be exempted from the provisions of this title. However, certificates of exemption must be obtained from the city prior to starting work. Applications for certificates of exemption will be reviewed and approved by the director of parks and natural resources or designee. Applications that are denied may be appealed by the applicant to the city council. (Ord. 1163, 5-19-2009)

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10-8-6: SOIL EROSION OVERLAY DISTRICT STANDARDS:linklink

No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following standards:


(A) No development shall be permitted on severe slopes of forty percent (40%) or more without an approved conditional use permit pursuant to subsection 10-8-4(C) of this chapter. (Ord. 1265, 5-22-2012)


(B) During construction and until such time as final control measures are fully implemented and established, adequate development practices will be maintained to ensure that gross soil losses (expressed in terms of tons per acre per year) shall not exceed five (5) tons per acre per year during construction or two (2) tons per acre per year during construction when the site is adjacent to a water body or watercourses; and one-half (1/2) ton per acre per year after the construction activities are completed. This shall be determined by using the "U.S. Natural Resources Conservation Service Technical Guide" or another commonly accepted soil erosion methodology approved by the city.


(C) The development shall comply with the requirements in section 10-8-8 of this chapter.


(D) A forty foot (40') building setback shall be maintained along the Minnesota River bluffs. The "bluff line" is defined as the point at which the slope gradient exceeds forty percent (40%). (Ord. 1162, 5-19-2009)

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10-8-7: RESTRICTIVE SOILS OVERLAY DISTRICT STANDARDS:linklink


(A) No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following requirements:

1. No on site sewage disposal system shall be permitted on poorly drained soils, shallow soils, soils with low permeability, or soils with rapid permeability unless the permit applicant proves that a conventional soil system will be successfully modified, installed and maintained, such that the restrictive conditions will be overcome.

2. No residential development shall be permitted on poorly drained soils, somewhat poorly drained soils, very shallow soils, soils with high shrink-swell or high frost action potential, or very steep or steep slopes unless the applicant proves construction techniques capable of overcoming the restrictive condition will be used.

3. Industrial uses requiring the bulk storage of chemicals will not be allowed on wet or very wet soils, very shallow soils, or soils with very rapid or rapid permeability areas.

4. No solid waste or hazardous waste disposal shall be permitted in soils with very rapid or rapid permeability or soils over fractured carbonate bedrock.


(B) The certification of plans and specifications as adequate to overcome the restrictive condition by a professional engineer, registered in the state of Minnesota, and experienced and knowledgeable in soils and soils mechanics, shall be acceptable as evidence with regard to the city's and the applicant's meeting of requirements in subsections (A)1 and (A)2 of this section. (Ord. 244, 11-15-1982)

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10-8-8: CONTROLLING EROSION AND SEDIMENT FROM LAND DISTURBING ACTIVITIES:linklink


(A) Purpose: The purpose of this section is to control or eliminate stormwater pollution along with soil erosion and sedimentation within the city. It establishes standards and specifications for conservation practices and planning activities designed to minimize stormwater pollution, soil erosion and sedimentation.


(B) Compliance: Any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing a land disturbance activity that involves ninety (90) or more cubic yards of earthwork shall comply with the requirements of this section. The city engineer may require that any land disturbing activity that does not meet the above requirements but has the potential for generating stormwater pollution due to erosion and sediment control issues be required to comply with portions of this section.

The following general criteria are minimum city requirements for controlling erosion and sedimentation from "land disturbing activities". These general criteria do not replace the requirement for individually developed erosion and sediment control plans; however, they do establish minimum standards of soil conservation practice which apply to all land disturbing projects.

Nothing in the general criteria shall limit the right of the city to impose additional or more stringent standards for controlling erosion and sedimentation during the plan approval and construction process up to and including final stabilization. The city may waive or modify any of the general criteria which are deemed inappropriate or too restrictive for site conditions. (Ord. 1162, 5-19-2009)


(C) Stormwater Pollution Prevention Plan (SWPPP): An SWPPP shall be submitted to the city for approval. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein:

1. Minimum SWPPP Requirements: The SWPPP shall comply with the most recent regulations of the Minnesota pollution control agency's (MPCA's) NPDES/SDS permit program, where applicable. The SWPPP shall include, at minimum, the following information:

a. An existing conditions site plan that includes the following:

(1) Existing topography and land cover.

(2) Identification of all natural and artificial water features, including, but not limited to, lakes, ponds, streams, wetlands, detention areas and stormwater conveyance systems. The normal water level and 100-year flood elevations shall be shown for all water features.

(3) Watershed drainage areas.

(4) Location of steep, very steep and severe slopes.

(5) Location of utilities and easements. (Ord. 1265, 5-22-2012)

b. A proposed conditions site plan that includes the following:

(1) Proposed grading and land cover, including temporary stockpiles and construction limits.

(2) Location of all proposed stormwater treatment devices, including, but not limited to, ponds, rain gardens, swales, underground systems, pervious pavement and stormwater conveyance systems. The normal water level and 100-year flood elevations shall be shown for all stormwater treatment devices.

(3) Locations of proposed runoff control, erosion prevention, sediment control, and temporary and permanent soil stabilization measures.

(4) Proposed watershed drainage areas.

(5) Location of proposed utilities and easements.

c. Specifications that include the following:

(1) Identification of individuals responsible for implementation of the SWPPP.

(2) Description and details of the proposed erosion, sediment and stormwater pollution control devices.

(3) Schedule indicating the time of the construction activities, implementation, maintenance, and removal of erosion and sediment control measures, and permanent site stabilization measures.

(4) Information on the type of soils at the site.

d. Additional information as requested by the city engineer.

2. SWPPP Performance Standards And Design Criteria: The erosion and sediment control measures shall conform to the practices as contained in the most recent version of the MPCA's best management practices (BMPs) manual "Protecting Water Quality In Urban Areas" and shall comply with the most recent regulations of the MPCA's NPDES/SDS permit program, where applicable, unless otherwise indicated. The following minimum standards and criteria shall apply:

a. Construction Scheduling: Construction activities shall be scheduled to lessen the impact on erosion and sediment creation and minimize the amount of exposed soil at any one time. Sediment control measures must be in place and inspected prior to issuance of permits.

b. Protection Of Adjacent Property: Soil shall be prevented from being deposited onto adjacent properties, rights of way, public storm drainage systems, wetlands and nondisturbed portions of the construction site.

c. Soil Stabilization: Measures must be taken as soon as practicable to stabilize the soil in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than fourteen (14) days after construction activity in that portion of the site has temporarily or permanently ceased.

d. Slopes: Slopes shall not be steeper than three to one (3:1).

e. Off Site Sediment Tracking And Dust Control: Measures must be taken to minimize off site vehicle tracking of sediment onto paved surfaces and the generation of dust. Sediment that is tracked off site must be removed at the end of each day or more frequently as determined by the city. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment controlled disposal area.

f. Soil Stockpiles: Soil stockpiles must be a minimum of twenty five feet (25') from all roads, water features, drainage channels, or stormwater inlets. Stockpiles must also be stabilized and protected with erosion and sediment control measures to prevent soil loss.

g. Storm Sewer Inlet Protection: All storm drainage inlets receiving runoff from the construction site shall be protected with sediment control measures. The inlet protection shall remain in place until final stabilization of the site has been achieved.

h. Storm Sewer Outlet Protection: All required energy dissipation measures must be installed within twenty four (24) hours of connection to a surface water.

3. Inspection And Maintenance: The applicant shall be responsible for the inspection and maintenance of the site. All inspection and maintenance practices shall comply with the most recent regulations of the MPCA's NPDES/SDS permit program.

4. Modification Of Plans: The SWPPP may be amended as necessary upon submittal of a written application to the city and written approval from the city.


(D) Financial Securities: The applicant shall provide securities as required by city policy number 2.050. If the applicant fails to comply with the approved SWPPP, or in the event of an emergency, the city may take such action as it deems appropriate to control erosion and sediment and charge the costs to the applicant. If the applicant does not reimburse the city for any cost incurred for such work to remedy erosion and sediment concerns within ten (10) days, the city may draw down the required security to pay the costs.


(E) Right Of Entry And Inspection: The applicant shall allow the city and its authorized representatives, upon presentation of credentials to:

1. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys.

2. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations.

3. Examine and copy any books, papers, records, or memorandums pertaining to activities or records required to be kept under the terms and conditions of this permitted site.

4. Inspect the stormwater pollution control measures.

5. Sample and monitor any items or activities pertaining to stormwater pollution control measures.

6. Correct deficiencies in erosion and sediment control.


(F) Notification Of Noncompliance: The city shall notify the permit holder of any complaints per city policy number 2.050.


(G) Failure To Comply: Should an applicant fail to comply with any requirement of this section, the city may take the following actions:

1. Withhold the scheduling of inspections and/or the issuance of a certificate of occupancy.

2. Revoke any permit issued by the city to the applicant for the site or project in question.

3. Follow established procedures on issuing warnings or violation summons as deemed appropriate by the city.

4. Correct the deficiency or hire contractors to correct the deficiency and draw down the required security to pay for the costs and to assess the property for any deficiency between the costs of correction and the amount of financial security.


(H) Abrogation And Greater Restrictions: It is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. (Ord. 1162, 5-19-2009)

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10-8-9: WOODLAND PROTECTION STANDARDS:linklink

No development shall be allowed or development permit issued within the city of Burnsville until the council finds that the development will comply with the following:


(A) Woodland Preservation: To the extent possible, woodlands shall be preserved by locating structures in existing clearings and by the use of other innovation design techniques.


(B) Undeveloped Land: No coniferous trees six feet (6') or taller or deciduous trees four inches (4") or greater in diameter as measured at four and one-half feet (41/2') above the ground shall be removed from undeveloped property without a tree removal permit, or as part of a city approved development of the property. A woodland evaluation worksheet is required on all new development projects. Any trees removed prior to development, through a tree removal permit, shall be included in future woodland removal calculations. For purposes of calculating woodland values, trees in existence as of November 15, 1982 (date of original woodland ordinance), shall be included. While development shall retain the maximum amount of woodland possible, it is recognized that a certain amount of woodland removal is an inevitable consequence of the urban development process.

The threshold of clearing for each zoning district, beyond which reforestation shall be required, is as follows: (Ord. 1265, 5-22-2012)

 Zoning District   Woodland Removal Threshold1  
   
CD, P   20 percent  
CRD   30 percent  
R-1, R-1A   40 percent  
R-2, R-3A, R-3B, R-3D   50 percent  
B-1, B-2   50 percent  
B-3, B-4, MIX   60 percent  
I-1, I-2, I-3, GIM, GIH   60 percent  

Note:
 1. Applies only to deciduous trees 4 inches or greater in diameter at 4.5 feet above the ground and coniferous trees 6 feet or taller.

(Ord. 1265, 5-22-2012; amd. Ord. 1277, 9-18-2012)


(C) Developed Land: Property owners may remove trees (unless restricted by a CUP or PUD or other development agreement) under the following circumstances:

1. In all zoning districts, any deciduous trees less than four inches (4") in diameter, at four and one-half feet (41/2') above the ground, and any dying or dead trees. No permit is required.

2. On residential lots under two (2) acres, any tree. No permit is required.

3. On residential lots of two (2) or more acres, and all other zoning districts, up to the tree removal threshold identified in subsection (B) of this section. Removal of trees requires a tree removal permit and reforestation for trees removed beyond the identified thresholds. (Ord. 1247, 9-20-2011)


(D) Preservation Of Trees: Trees, which are committed to preservation through permit or agreement, shall be surveyed by the developer or landowner. A replacement value for each tree will be determined by the city using the city's shade tree evaluation method. Letter of credit for the value of trees which are to be preserved beyond the removal threshold under this chapter shall be at the rate of one and one-half (11/2) times the determined valuation.

The city's standard letter of credit form shall be used. The letter(s) of credit will be released when the following conditions are met:

1. Eighteen (18) months have passed from the end of construction (determined by the issuance of a certificate of occupancy) in the area for which the letter(s) of credit were collected.

2. An inspection by city staff has verified that the trees which were to be preserved are in good condition.

Exceptions to the above will be considered if unique circumstances exist. Exceptions must be reviewed and approved by both the city forester and planning staff.


(E) Additional Tree Removal: The city may permit additional tree removal by requiring reforestation in adjacent areas such as yard setbacks, outlots, or park lands. A tree removal permit to exceed the identified removal threshold will only be issued after review by the city forester and planning staff to ensure that the best available layout has been used to preserve significant trees and woodland areas. Reforestation shall occur in an amount equal to 1.5 times the value of the trees removed beyond the tree removal threshold. The value of the trees removed shall be determined by the shade tree evaluation method. Reforestation plans shall not include the use of any of the tree species which are currently on the city's list of "species which do not meet reforestation requirements". No more than twenty five percent (25%) of the reforestation plan shall consist of any one species, including shrubs provided on any related landscape plan.


(F) Detrimental Activity Prohibited: Grading, contouring, paving, compaction of soils, or any excavation or trenching shall not occur within the drip line of tree preservation areas. Such activity has a detrimental effect on the aeration and permeability of the soils and causes permanent damage to the primary root zone of trees.


(G) Measures: Measures shall be taken to protect and preserve the woodlands as described in the city's "Practical Guide To Preventing Construction Damage To Trees".


(H) Damaged Trees: Notwithstanding the above, the removal of dead or dying trees seriously damaged by storm, other acts of nature, or disease is not prohibited. Trees removed due to acts of nature do not require reforestation.


(I) Construction Sites: No movement and placement of equipment or materials storage shall be permitted outside the building activity area or in the tree preservation area. All buildings and driveways shall be located to avoid tree damage consistent with minimum building setback requirements of the zoning ordinance. The tree preservation area shall be temporarily fenced (with highly visible 4 foot high fencing) by the developer during all construction so that all trees in the tree preservation area shall be preserved. The city manager or designee shall have the authority to stop construction on the site until adequate barriers have been constructed. If a barrier is constructed on the site and is not adequately maintained in a manner which protects the tree preservation area, the city manager or designee shall have the authority to stop construction until the barrier is repaired.


(J) Permits: Permits authorizing removal of trees may be issued by the city manager or designee in circumstances when the issuance of such a permit is found to be consistent with the purpose of this section.

In all cases of permit application, the city manager or designee shall use reasonable interpretations of the circumstances in determining whether or not the permit should be issued. (Ord. 1226, 1-18-2011)


(K) Tree Contractor License Required: Tree contractors shall obtain a license as required by title 3, chapter 29 of this code.


(L) Appeals: The property owner may appeal to the planning commission and city council any decision made by the city manager or other city official under the provisions of this section within thirty (30) days of the decision being rendered. (Ord. 1316, 4-8-2014)

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10-8-10: SHORELAND OVERLAY DISTRICT:linklink


(A) Administration:

1. Permits Required:

a. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by subsection (C)3 of this section. Application for a permit shall be made to the city manager, or his or her designee, on the forms provided. The application shall include the necessary information so that the city manager, or his or her designee, can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

b. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by subsection (C)8 of this section, shall be either brought into compliance or eliminated according to the provisions of title 7, chapter 11 of this code.

2. Certificate Of Zoning Compliance: The city manager, or his or her designee, shall issue a certificate of zoning compliance for each activity requiring a permit as specified in subsection (A)1 of this section. This certificate shall specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in subsection 10-8-4(D) of this chapter.

3. Variances:

a. Variances may only be granted in accordance with Minnesota statutes 462 and section 10-5-4 of this title as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the city council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. (Ord. 621, 5-20-1996)

b. In order to preserve water quality, the city will require a natural vegetated buffer strip on riparian lots as a mitigation measure with any variances granted. This includes variances to the OHWL setback, other setbacks and yard requirements, impervious surface, etc. The buffer strip must run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.

c. The city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (A)4b of this section shall also include the city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

d. For existing developments, the application for a 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 that a nonconforming sewage treatment system be either brought into compliance or eliminated according to the provisions of chapter 11 of this title. (Ord. 884, 6-2-2003)

4. Notifications To The Department Of Natural Resources:

a. Copies of all notices of any public hearings and reviews to consider variances, amendments, or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

b. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action.


(B) Shoreland Classification System And Land Use Districts:

1. Shoreland Classification System: The public waters of the city have been classified in this subsection consistent with the criteria found in Minnesota regulations part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota.

a. The shoreland area for the water bodies listed in subsections (B)1b and (B)1c of this section shall be as defined in section 10-8-2 of this chapter and as shown on the official zoning map. The shorelands of the city are hereby designated as shoreland overlay district.

b. Lakes:

MnDNR ID No.   MnDNR Classification   Name  
     
19-0021   Recreational development (RD)   Alimagnet  
19-0024   Natural environment (NE)   Wood Park  
19-0025   Natural environment (NE)   Keller  
19-0027   Recreational development (RD)   Crystal  
19-0028   Natural environment (NE)   Twin  
19-0032   Natural environment (NE)   Horseshoe  
19-0033   Natural environment (NE)   Earley  
19-0083   General development (GD)   Black Dog  

Note: Sunset Lake does not have a DNR designation. It is not required to be regulated by the MnDNR.

c. Rivers:

Name   Classification   Location  
Minnesota River   Transition   35W Bridge to Savage  
Minnesota River   Transition   35W Bridge to Eagan  
Unnamed Black
  Dog Lake  
Tributary   From: Sect. 24,
  Twp. 27, RNG. 24W
To: Basin 83  
One Mile Creek   Tributary   From: Sect. 24,
  Twp. 27, RNG. 24W
To: Sect. 24, Twp. 17,
  RNG. 24W  
Unnamed Tributary   Tributary   From: Sect. 26,
  Twp. 27, RNG. 24W
To: Basin 110  

2. Land Use District Descriptions:

a. Criteria For Designation: The land use districts in section 10-6-1 of this title, and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives:

(1) Preservation of natural areas;

(2) Present ownership and development of shoreland areas;

(3) Shoreland soil types and their engineering capabilities;

(4) Topographic characteristics;

(5) Vegetative cover;

(6) In water physical characteristics, values, and constraints;

(7) Recreational use of the surface water;

(8) Road and service center accessibility;

(9) Socioeconomic development needs and plans as they involve water and related land resources;

(10) The land requirements of industry which, by its nature, requires location in shoreland areas; and

(11) The necessity to preserve and restore certain areas having significant historical or ecological value.

b. Land Use District Descriptions: The land use districts provided in section 10-6-1 of this title, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the official zoning map for the shorelands of the city. These land use districts are in conformance with the criteria specified in Minnesota regulations part 6120.3200, subp. 3. (Ord. 621, 5-20-1996)


(C) Zoning And Water Supply/Sanitary Provisions:

1. Lot Area And Width Standards: The lot area standards (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment hereof for the lake and river/stream classifications are the following:

a. Lake Standards:

Lot Area (Square Feet):   NE   RD   GD  
       
Lots With Shoreline:        
       
Single   40,000   20,000   15,000  
Single (unsewered)   2 acres   2 acres   2 acres  
Duplex   70,000   35,000   26,000  
Triplex   100,000   50,000   38,000  
Quad   130,000   65,000   49,000  
       
All Others:        
       
Single   20,000   15,000   10,000  
Single (unsewered)   2 acres   2 acres   2 acres  
Duplex   35,000   26,000   17,500  
Triplex   52,000   38,000   25,000  
Quad   65,000   49,000   32,500  
       
Lot Width (Feet):        
       
Lots With Shoreline:        
       
Single   125   80   80  
Single (unsewered)   200   200   200  
Duplex   225   135   135  
Triplex   325   195   195  
Quad   425   255   255  
       
All Others:        
       
Single   125   80   80  
Single (unsewered)   200   200   200  
Duplex   220   135   135  
Triplex   315   190   190  
Quad   410   245   245  
       
Principal and accessory
  structure setback from OHWL
  (feet)  
1501   75   50  
       
Total impervious surface area   25%   25%   25%  
       
Total building height (feet)   35   35   35  

Note:
1. Earley Lake and Keller Lake shall remain at 100 feet from OHWL.

(Ord. 884, 6-2-2003)

b. River/Stream Lot Width Standards: There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the river/stream classifications are:

  Transition   Tributary  
     
Single   250   100  
Duplex   375   150  
Triplex   500   200  
Quad   625   250  

c. Special Provisions:

(1) Only land above the ordinary high water level of public waters can be used to meet lot area standards. The lot width is the horizontal distance between the side lot lines, measured on a straight line that is as perpendicular to the side lot lines as possible, and that is parallel with the front lot line, as defined in section 10-4-2 of this title. The width standard must be met at both the ordinary high water level and at the building line. For lots with irregular front lot lines and/or shorelines, the width shall be measured on a straight line that is as perpendicular to the side lot lines as possible, and that is no closer to the front lot line and/or the shoreline than any portion of the building line and/or the ordinary high water level, respectively. The sewer lot area dimensions in subsection (C)1a of this section can only be used if publicly owned sewer system service is available to the property.

(2) Subdivisions of duplexes, triplexes, and quads on natural environment (NE) lakes must also meet the following standards:

(a) Each building must be set back at least two hundred feet (200') from the ordinary high water level;

(b) Each building must have public sanitary sewer and water service;

(c) Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and (Ord. 621, 5-20-1996)

(d) No more than twenty five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments.

(3) Mooring facilities for seven (7) or more watercraft are prohibited on all lakes. Marinas are only permitted along rivers as regulated by the underlying zoning district.

d. Structure And On Site Sewage System Setbacks (In Feet) From Ordinary High Water Level1: Setbacks are measured from the closest point of the OHWL to the closest point of the structure.

  Structure   Sewage
Treatment System  
Unsewered   Sewered  
Lakes        
       
Natural environment (NE)   150   150   150  
       
Recreational development (RD)   100   75   75  
       
General development (GD)   75   50   50  
Rivers        
       
Transition   150   150   100  
       
Tributary and urban   100   50   75  

Note:
 1. 1 water oriented accessory structure designed in accordance with subsection (C)2 of this section may be set back a minimum distance of 20 feet from the ordinary high water level.

(Ord. 884, 6-2-2003)

e. Additional Structure Setbacks: The following additional structure setbacks apply, regardless of the classification of the water body:

Setback From     Setback (In Feet)  
Top of bluff     30  
Unplatted cemetery     50  
Right of way line of federal, state, or county highway     50  
Right of way line of town road, public street, or other roads or streets not classified     30  

(Ord. 1196, 4-6-2010)

f. Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

g. Uses Without Water Oriented Needs: Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (Ord. 621, 5-20-1996)

2. Design Criteria For Structures:

a. High Water Elevations: Structures must be placed in accordance with floodplain and the Burnsville water resources management plan (WRMP) regulations applicable to the site. (Ord. 1196, 4-6-2010)

b. Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure and one open play structure such as a swing set or slide, but not a swimming pool or sport court not meeting the normal structure setback in subsection (C)1a of this section if this water oriented accessory structure complies with the following provisions:

(1) The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than one hundred twenty (120) square feet. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;

(2) The setback of the structure or facility from the ordinary high water level must be at least twenty feet (20') and the setback from the side lot line shall be at least ten feet (10');

(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) Detached decks must not exceed eight feet (8') above grade at any point as measured to the floor of the deck; and

(5) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (Ord. 884, 6-2-2003)

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 four feet (4') in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties;

(2) Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) 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;

(4) 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;

(5) Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and

(6) 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 subsection (C)2c(1) - (5) of this Section are complied with in addition to the requirements of Minnesota Regulations chapter 1340.

d. Significant Historic Sites: No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

e. Steep Slopes: The City Manager, or his or her designee, must evaluate possible soil erosion impacts 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 conditions.

f. Height Of Structures: All structures in residential districts, except churches, must not exceed thirty five feet (35') in height.

3. Shoreland Alterations: Alterations of vegetation and topography will be 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 and parking areas regulated by subsection 10-8-10(C)4 of this Section are exempt from the vegetation alteration standards that follow.

(2) Removal or alteration of vegetation 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. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as an interim use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

(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 provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

ii. Along rivers, existing shading of water surfaces is preserved; and

iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

b. Topographic Alterations/Grading And Filling:

(1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction 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 must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

(2) Public roads and parking areas are regulated by subsection 10-8-10(C)4 of this Section.

(3) Notwithstanding subsection (C)3b(1) and (2) of this Section, a grading and filling permit shall be required for:

(a) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and

(b) The movement of more than ninety (90) cubic yards of material outside of steep slopes and shore and bluff impact zones.

(4) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional and interim use permits, variances and subdivision approvals:

(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. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, State, or Federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant shall be so advised:

i. Sediment and pollutant trapping and retention;

ii. Storage of surface runoff to prevent or reduce flood damage;

iii. Fish and wildlife habitat;

iv. Recreational use;

v. Shoreline or bank stabilization; and

vi. 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 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 qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) 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 under Minnesota Statutes section 103G.245;

(j) Alterations of topography must only be allowed if they are accessory to permitted, conditional, or interim 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 (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').

(5) Connections To Public Waters: Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.

4. 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 qualified individual 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 material.

b. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

c. 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 subsection are met. For private facilities, the grading and filling provisions of subsection (C)3b of this section must be met. (Ord. 621, 5-20-1996)

5. Stormwater Management:

a. General Standards: Land development shall comply with the water resources management plan as regulated in section 10-8-11 of this chapter.

b. Impervious Surface: A city of Burnsville impervious surface worksheet must be submitted with all planning development applications or building permits or land activity that increases impervious surface to a level that exceeds twenty five percent (25%) of the lot. The worksheet will be reviewed by the city engineer to ensure compliance with this chapter.

(1) Impervious surface coverage limits shall apply to all riparian lots and nonriparian lots where fifty percent (50%) or more of the lot area lies within the shoreland overlay district. If a lot is subject to the impervious surface coverage limits, the entire lot must comply with the limits.

(2) Maximum impervious surface coverage of all lots is twenty five percent (25%) of the lot area; however, impervious surface may be increased as follows if the proposed development mitigates additional stormwater runoff to a level consistent with twenty five percent (25%) impervious surface coverage under a 1.5 inch rainfall design storm: (Ord. 884, 6-2-2003)

  Zoning District   Permitted
Maximum Impervious
Surface With Mitigation  
Conditional Use
Permit Required:
Maximum Impervious
Surface With Mitigation  
R-1, R-1A and R-2   30 percent   n/a  
R-3A, R-3B and R-3D   30 percent   50 percent  
B-1, B-2, B-3, B-4   30 percent   75 percent  
I-1, I-2, I-3, GIM,
and GIH  
30 percent   75 percent  

(Ord. 884, 6-2-2003; amd. Ord. 1277, 9-18-2012)

6. Special Provisions For Commercial, Industrial, Public/Semipublic, And Extractive Uses And Mining Of Metallic Minerals And Peat:

a. Standards For Commercial, Industrial, Public, And Semipublic Uses:

(1) Surface water oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water oriented needs must meet the following standards:

(a) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

(b) Uses that require short term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and

(c) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;

ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information, and to comply with the requirements of chapter 30 of this title. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet (10') above the ground, and must not exceed thirty two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and

iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. All outside lighting must comply with section 10-7-36 of this title. This does not preclude use of navigational lights.

(2) Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

b. Extractive Use Standards:

(1) Site Development And Restoration Plan: An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

(2) Setbacks For Processing Machinery: Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

c. Mining Of Metallic Minerals And Peat: Mining of metallic minerals and peat, as defined in Minnesota statutes sections 93.44 to 93.51, may be allowed as an interim use provided the provisions of Minnesota statutes sections 93.44 to 93.51, and chapter 9 of this title are satisfied.

7. Conditional And Interim Uses: Conditional and interim uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional and interim uses established in sections 10-5-5 and 10-5-5A of this title. The following additional evaluation criteria and conditions apply within shoreland areas:

a. Evaluation Criteria: A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:

(1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

(2) The visibility of structures and other facilities as viewed from public waters is limited;

(3) The site is served by public water and sanitary sewer service; and

(4) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

b. Conditions Attached To Conditional And Interim Use Permits: The city council, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

(1) Increased setbacks from the ordinary high water level;

(2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;

(3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas; and (Ord. 621, 5-20-1996)

(4) Buffer strips on riparian lots that run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it. (Ord. 884, 6-2-2003)

8. Water Supply And Sewage Treatment:

a. 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.

b. Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

(1) Publicly owned sewer systems must be used where available.

(2) All private sewage treatment systems must meet or exceed the provisions of chapter 11 of this title and the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards", chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this chapter.

(3) On site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in subsection (C)1d of this section.

(4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the following evaluation criteria. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on site field investigations.

Evaluation Criteria:

(a) Depth to the highest known or calculated ground water table or bedrock;

(b) Soil conditions, properties, and permeability;

(c) Slope; and

(d) The existence of lowlands, local surface depressions, and rock outcrops.

(5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsection (D)10 of this section. (Ord. 621, 5-20-1996)


(D) Nonconformities: Within shoreland areas, all legally established nonconformities as of May 20, 1996, may continue, but they shall be managed according to applicable state statutes and section 10-7-2 of this title. The use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas shall also be subject to the following:

1. Destruction Of Nonconforming Structure: When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

2. Nonconforming Lot Allowed As A Building Site Without Variance: A nonconforming single lot of record located within a shoreland district may be allowed as a building site without variance from lot size requirements, provided that:

a. All structure and septic system setback distance requirements can be met;

b. A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to a public sewer;

c. The impervious surface coverage does not exceed the impervious surface coverage identified in subsection (C)5 of this section; and

d. The use is permitted in the underlying zoning district.

3. Shoreland Districts Not Surrounding Recreational Development Lakes: For all shoreland districts except said districts surrounding recreational development lakes, if in a group of two (2) or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

a. The lot must be at least sixty six percent (66%) of the dimensional standards for the lot width and lot size for the shoreland classification consistent with subsection (C) of this section;

b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080 and city controls;

c. The impervious surface coverage must not exceed twenty five percent (25%) of each lot; and

d. Development of the lot must be consistent with the comprehensive plan.

4. Contiguous Lots Under Same Ownership Within Shoreland Area Of Recreational Development Lakes: Contiguous lots under the same ownership as of January 1, 2004, within the shoreland area of recreational development lakes may be considered as separate parcels of land for the purposes of sale or development if they meet all of the following criteria:

a. The average lot area, as measured above the OHWL, of the contiguous lots meets or exceeds twelve thousand (12,000) square feet.

b. Each lot is at least seventy five feet (75') wide as measured at the OHWL and building setback line.

c. Impervious surface coverage of the lots does not exceed twenty five percent (25%) or thirty percent (30%) with mitigation through the means of a twenty foot (20') buffer of native vegetation along shore.

d. No principal structures are located within the shore impact zone.

5. Combination Of Lots Not Subject To Subsection (D)3 Of This Section: A lot subject to subsection (D)3 of this section not meeting the requirements of subsection (D)3 of this section must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible.

6. Sale Of Contiguous Nonconforming Lots With Habitable Residential Dwellings: Notwithstanding subsection (D)3 of this section, contiguous nonconforming lots of record in shoreland districts under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minnesota statutes section 115.55 and Minnesota rules, chapter 7080 (subsurface sewage treatment systems), or connected to a public sewer.

7. Requirements Of Property Owner: In evaluating all variances, zoning and building permit applications, or conditional use requests, the property owner shall be required to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions.

8. Separation Of Portion Of Conforming Lot: A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district of a new lot and the newly created parcel is combined with an adjacent parcel.

9. Additions/Expansions To Nonconforming Structures:

a. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of subsection (C) of this section. Any deviation from these requirements must be authorized by a variance pursuant to subsection (A)3 of this section and section 10-5-4 of this title.

b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

(1) The structure existed on the date the structure setbacks were established;

(2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

(3) The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and

(4) The deck is constructed primarily of wood, and is not roofed or screened.

10. Nonconforming Sewage Treatment Systems:

a. A sewage treatment system not meeting the requirements of subsection (C)8 of this section shall be considered to be nonconforming and 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.

b. The city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The city of Burnsville will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two (2) years. Sewage systems that do not meet the requirements of subsection (C)8 of this section and the requirements of chapter 11 of this title shall be considered to be nonconforming. 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 pollution control agency's chapter 7080 for design of on site sewage treatment systems, shall also be considered nonconforming. (Ord. 1196, 4-6-2010)


(E) Subdivision/Platting Provisions:

1. Land Suitability: Each lot created through subdivision 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 community.

2. Consistency With Other Controls: Subdivisions must conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with subsections (C)1 and (C)8 of this section can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of subsection (C)1 of this section, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

3. Information Requirements: Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information shall include at least the following:

a. Topographic contours at ten foot (10') intervals or less from United States geological survey maps or more accurate sources, 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 borings, 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 100-year floodplain areas and floodway districts 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.

4. Dedications: 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.

5. Platting: All subdivisions that create five (5) or more lots or parcels that are two and one-half (21/2) acres or less in size shall be processed as a plat in accordance with Minnesota statutes chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after this ordinance was adopted unless the lot was approved as part of a formal subdivision. (Ord. 621, 5-20-1996)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22198#s1045383
10-8-11: STORMWATER MANAGEMENT OVERLAY DISTRICT STANDARDS:linklink

No development shall be allowed or development permit issued within the city of Burnsville until the council finds that the development will comply with the following:


(A) The land development shall comply with the water resources management plan adopted by the city council in 2002 and any future amendments. The city engineer shall determine whether the development meets the goals, policy and design standards of the adopted plan. Prior to development of land, storm sewer assessment fees must be paid in accordance with fee policies adopted by the city council. (Ord. 865, 12-2-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22198#s1045384
10-8-12: DRINKING WATER PROTECTION OVERLAY DISTRICT:linklink

No development shall be allowed or development permit issued unless the council finds that the proposed development complies with the following standards:


(A) Scope: The drinking water protection overlay district shall apply to all lands within the jurisdiction of the city of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the drinking water protection overlay map adapted from the wellhead protection area identified in part two of the wellhead protection plan dated June 19, 2013, and analysis of the capture zone for the Kraemer Quarry.


(B) Official Zoning Map: The official zoning map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include all of the documents and maps referenced in subsection 10-10-2(B) of this title and the drinking water protection overlay map referenced in subsection (A) of this section. The official zoning map shall be kept on file in the community development department.


(C) Land Uses: All land uses shall be permitted, accessory, interim or conditional to the extent that they are allowed in the base zoning district.


(D) Compliance Required: The provisions of this section shall apply for any activity requiring any development application or building permit, at the time there is a change in use or occupancy, and all activities that result in disturbance of one-half (1/2) acre or more or the addition of five thousand (5,000) square feet of impervious surface.


(E) Exceptions: The provisions of this section shall not apply to the application of a building permit for interior work, remodeling, tenant finishes, replacement of siding, windows and openings, heating/ventilation, air conditioning (HVAC) equipment, or roofing or signs.


(F) Performance Standards: No development shall be allowed or development permit issued until the owner and/or tenant demonstrates to the satisfaction of the city engineer, or designee, that the proposed site, use, operation or development meets the following performance standards:

1. All parking areas and outside storage areas shall be paved with asphalt or concrete, with appropriate stormwater management systems, as deemed necessary by the city engineer;

2. All floor drains shall be connected to the sanitary sewer system, with the addition of a flammable waste trap, and where allowed by Minnesota state building code (MSBC) and/or Minnesota state fire code (MSFC);

3. Structures and/or mechanisms for containment or grit traps are used for contaminant spillage;

4. All vehicle and equipment washing or pressure washing/steam washing shall be conducted on a designated wash pad that is connected to the sanitary sewer system;

5. A grading and drainage plan is submitted and approved by city engineer that directs site runoff into the stormwater management system and/or directs stormwater runoff away from natural water bodies, wetlands, floodplains, and reservoirs;

6. Stormwater catchment basins shall be lined;

7. Evidence shall be provided of required state and/or federal permits for regulated substances, if applicable.


(G) Procedures For Review And Approval: All projects requiring review in the drinking water protection overlay district, per subsection (D) of this section will be subject to review by the city engineer to determine compliance with the performance standards of subsection (F) of this section.


(H) Protection Of Drinking Water Supply: Section 7-2-24 of this code shall also apply to all sites, operations and uses in the drinking water protection overlay district. (Ord. 1344, 6-2-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22198#s1045385
10-8-13: OTHER GENERAL CONDITIONS:linklink

Any permit required in this chapter may be issued subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to ensure compliance with the requirements contained in this title. Such conditions may, in addition to other conditions, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation, establish required monitoring procedures and maintenance activity, stage the work over time, require alteration of the site design to ensure buffering, require the provision of a cash security or letter of credit, or require the conveyance to the city or another public entity of certain lands or interest therein. The dimensional requirements of the underlying zoning district(s) may be modified in furtherance of the purposes of this chapter by expressed conditions contained in the permit. (Ord. 1344, 6-2-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22198#s1045386
10-8-14: TIME OF PERMIT; EXTENSIONS; RENEWALS:linklink


(A) Compliance: The city, its agents, employees, and officers may inspect the work authorized under any permit required in this chapter, including periodic and final inspections, to determine compliance with the requirements and conditions of the permit and this chapter.


(B) Notice Of Completion: A permittee shall notify the city manager or designee in writing when they have finished the work. No work shall be deemed to have been completed until approved in writing by the city manager or designee following such written notification.


(C) Inspection: The city manager may cause inspections of the work to be made periodically during the course thereof by himself or a member of the engineering staff and shall cause a final inspection to be made following the completion of the work. The permittee shall assist the director in making inspections. (Ord. 1344, 6-2-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22198#s1045387
10-8-15: RESPONSIBILITY; EFFECT:linklink


(A) Responsibility: Neither the issuance of a permit nor compliance with the conditions thereof, nor compliance with the provisions of this title shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this title shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance.


(B) Intercommunity Review: Where any proposed development or action abuts an adjacent municipality, that municipality shall be notified of the proposed development or action and given the opportunity to review and comment on the proposal. Such notification shall be mailed to the city clerk of the abutting municipality. (Ord. 1344, 6-2-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22198#s1045388