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09-04-19 PC
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09-04-19 PC
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Chapter 13 – Zoning Code <br />Section 1350 – Rules, Scope, Interpretation & Definitions <br /> <br />1305.04 Definitions <br />• Land Disturbance Activity. Any land change greater than 2,500 square feet or 50 <br />cubic yards on any parcel, or land change on a parcel of land located within a shoreland area <br />or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and <br />the movement of sediments into or upon waters or lands of the city, including but not limited <br />to construction, clear-cutting, clearing and grubbing, grading, excavating, transporting and <br />filling of land. Land Disturbance Activity does not mean the following: <br />o Minor land disturbance activities such as home gardens and an individual's <br />home landscaping, repairs and maintenance work; <br />o Additions or modifications to existing single-family dwellings or accessory <br />structures that will result in creating under 2,500 square feet of exposed soil <br />and/or impervious surface and less than 50 cubic yards; <br />o Construction, installation and maintenance of electric, telephone, and cable <br />television utility lines or individual service connection to these utilities, except <br />where a minimum of 5,000 square feet of land disturbance can be anticipated; <br />o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural <br />crops; <br />o Installation of fence, sign, telephone, and electric poles and other kinds of <br />posts, bollards or poles; and <br />o Emergency work to protect life, limb, or property and emergency repairs. <br />However, if the land disturbing activity would have required an approved <br />Erosion and Sediment Control Plan except for the emergency, then the land <br />area disturbed shall be shaped and stabilized in accordance with the <br />requirement of the PWD when applicable. <br /> <br />Chapter 13 – Zoning Code <br />Section 1325 – General Regulations <br /> <br />Section 1325.055 – Tree Preservation <br /> Subd. 2 Tree Preservation Plan. It shall be unlawful for any person to engage directly or <br />indirectly in a land disturbing activity, as defined in this ordinance, unless such person has <br />applied for and obtained approval of a tree preservation plan. No preliminary plat, building <br />permit, grading permit, or other City required permit shall be granted unless approval of a tree <br />preservation plan has been obtained. <br /> <br /> Subd. 5 Tree Removal and Preservation. <br /> A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or <br />killing trees when: <br /> 1. Fewer than ten (10) percent of the caliper inches of the significant trees on the property <br />are cut, removed, or killed <br /> 2. There is an existing principal use on the property and no construction, grading, or <br />development is to occur in the location of the removed tree(s) within two years thereafter.
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