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7/21/2017 Chapter 13 - Zoning Code http://library.amlegal.com/alpscripts/get-content.aspx 5/6 6. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. B. Grading and Filling. All land disturbance activity in the Shoreland Management District shall be subject to the provisions of Chapter 15 of the City Code, Erosion and Sediment Control. C. Shoreline Alterations. Any work which shall change or diminish the course, current or cross section of a protected water or wetland, or shall alter the shoreline below the ordinary high water level, shall be subject to approval by the Commissioner of Natural Resources, and the approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a permit under the procedures of Minnesota Statutes. D. Permeable Surface Credit. At the discretion of the Zoning Administrator, up to five percent of a lot's required landscaped area, but not exceeding 700 square feet, may be covered with pervious hard surfaces subject to the approval of a Shoreland Mitigation Plan. E. Shoreland Mitigation. A shoreland mitigation plan must be submitted for residential development that requires land use approval including, but not limited to, variances; conditional use permits; subdivisions; rezonings; or a permeable surface credit. The plan shall be designed to mitigate the adverse effects land development has on water quality and the lake environment. The mitigation plan shall be signed by the property owner, approved by the Zoning Administrator, and a Mitigation Affidavit recorded with the Register of Deeds prior to the commencement of development activity. Furthermore, mitigation plans shall be completed within one year of the plan's approval unless otherwise approved by the City. An escrow fee that shall be held for a minimum of two years shall also be submitted. The mitigation plan shall include at a minimum two of the following practices: 1. Vegetation Restoration. Vegetation restoration areas may be established which at a minimum shall include land within the shore and the bluff impact zones or steep slopes. Land area shall be restored from lawn, beach or other disturbances using native or natural landscaping. a) Steep Slope/Bluff Restoration. Steep slopes and bluffs that are vegetated with turf may be restored with deciduous and ornamental trees, evergreens and shrubs that are native to the area. b) Shoreline Buffer Restoration. A buffer zone of at least 25 feet from and parallel to the ordinary high water mark shall be planted or restored and maintained with vegetation native to the area to fullest practicable extent possible with effective erosion and sediment control. Existing natural beaches or beaches which have been permitted by the DNR shall be allowed to continue and be maintained. A minimum of 30 percent of the lot's shoreline area shall be restored. This restoration area shall be contiguous unless otherwise approved as part of the mitigation plan. 2. Architectural Mass. The use of natural color(s) and/or materials on the exterior of the structure shall be used to reduce the visual impact. Natural colors are shades of brown, gray, and green. Natural materials include wood or stone that complement the setting of the structure. 3. Removal of Nonconforming Structures. The mitigation plan may include the removal of structures that do not comply with the required structure setbacks from the ordinary high water line or are located within a shore impact zone or bluff impact zone. 4. Reduction of Impervious Surface Coverage. The mitigation plan may include a minimum five percent reduction of the existing impervious surface coverage. The preferable location of this reduction is within that portion of the lot that drains to the lake. 5. Other Practices. At the discretion of the Zoning Administrator, other restoration or protection activities may be approved as part of a mitigation plan provided they meet the objectives of this ordinance. Examples include the removal of artificial sand beaches, stormwater management and replacement of seawalls with bioengineering structures. Subd. 8 Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer access, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Dr a f t 11 / 2 0 / 2 0 1 7