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<br /> <br /> 1 <br /> <br /> B. Subatandard LoU. I. Plannsd Unlt Dsvalopmenlr. Planned unit developments <br /> (1) Lots of record in the oHice(s) of the Remsey County may be permitled in accordance with Section VIII,G of Appen- <br /> Recorder and/or Ragistrer of Titles prior to the date of enact• dix A(Zoning) of the Arden Hills Code provided that preliminary <br /> ment of this ordinance which do not meet the requirements o( plans are approved by the Commissioner of Naturel Resources <br /> Section 4.A. may be allowed es building aites provided: prior ta their epproval by the City, and further provided that: <br /> (a) Such use is permiried in the zoning district. (1) Open space is preserved through lhe use of restrictive deed <br /> (b) The lot is in separate ownerahip from abutling lands, and covenants, public dedicalions, or other methods. <br /> (c) All other sanitray end dimensional requirementa of this or- (2) The following fectors are carefully eveluated to ensure the <br /> dinence ere complied with insofar es precficel. irtcreased denarlyW developmeM is consistent wilh ihe resource <br /> C. Rads and Puklny Anu. Roeda end perking areas shall limitations ol the protected weter: <br /> be located to retard the runoH of surface waters and nutrients (a) Suitability of the site for the proposed use; <br /> in accordance with the }ollowing criteria: (b) Physicel end aesthetic impact of increased density; <br /> (1) Where feasible and precticel, ell roads end parking ereas (c) Level ol current development; <br /> shall mset the setback requlremente eetebliahed for structures (d) Amount and ownership ol undeveloped shoreland; <br /> in Section 4.A. of this Ordinence. (s) Levels erd types of water suAace use and public acceases; <br /> (2) In no instance ahall ihese impervioua roada or parking sur• (Q Posaible eHecte on rner-ell public use. ~ <br /> faces be placed leas than 50 feet from the ordinery hiph waler (3) My commercial, recreationel, communiry, ar religious facili- <br /> mark. ty allowed es pert of the planned unit development shall con- <br /> (3) Natural vegetation oPother natural materials shall be us• form to ell epplicable federel and state regulations including, <br /> ed to screen parking erea when vfewed from ihe water, but not limited to, the following: <br /> D. Elsvetlon of LowM Floor. (a) Licenaing provisions or procedures; <br /> (1) Structures shall be placed at en elevation consistent with (b) Building codes; <br /> the City's flood plain menegement controls ae set forih in (c) Safery regulptions; <br /> Chapter 9.5 of the Arden Hilla Code. (d) Regulations concerning the appropriation and use of Pro- <br /> (2) In areas not regulated by flaad plain management contrds, tected Weters as detined in Minnesota Statutes 1974, Chepter <br /> the elevation to which the lowest Iloor, includinp basements, shall 105; and <br /> be placed shall be determined ae follows: (e) Applicable regulations of the Minnesota Environmental <br /> (a) For lakes, ponds, end floweges, by (i) an evaluation of puality 8oard. <br /> available flood information and conaistent with Stalewide Sten- (4) The linal plan for e planned unit development shall not be <br /> dards end Criteria for Menagemeni of Flood Ptain Arees ot Min- modified, amended, repealed, or otherwise altered unless ap- <br /> nesota or (ii) placing the bwesl Ilaor at a level at least three teet proved in writing by the developer, the municipaliry, and the <br /> ebove the highest known water ievel. In those instances where Commissioner. <br /> sufficient date on known high weter levels are not flveilable, the (5) There ere centralized shoreline recreation facilities such <br /> ordinary high water mark ehell be used. as beaches, docks and boat launching facilities. <br /> (b) For streams, by an evaluation ot available Ilood informe- J. Vadancss. Variances to the requirements of this ordinance <br /> tion and consistent with Statewide Standards and Criteria for mdy be granted in accordance with the provisions of Section <br /> Management of Flood Plain Areas of Minnesota. VIII,D (Variences) of Appendiz A(Zoning) of the Arden Hills Code <br /> E. Exceptlone to Strueturo SstMCk Requlrsmsnte. and Section 5.C(1) of this ordinance. <br /> (1) Setback requiremenla from the ordinary high water mark Sectlon 5. Adminlstretlon. <br /> shall not apply to boethouaes, piers, and docks. Location of piers A. ConstrueGon P?ojects; Devslopmenta. All applicetions <br /> and docks shall be conlrolled by appliceble state and local (or building permita, epeciel use permits, veriences, and plann- <br /> regulations. Boathouses may be ellowed es a special use pro- ed unit development permits (or projects localed within <br /> vided they are not used fa hebilation aod do not cantein eanilary Shoreland Manapement DislriMS shall be subject to - in addi- <br /> facilities. tion to the provisiona of this ordinance - all eppliceble provi- <br /> (2) On undeveloped shoreland lots lhat have two (2) adjacent sions of Appendiz A(Zoning) of the Arden Hills Code and shall <br /> lots wdh ezisting prinicipal slruclures on both such adjacent bts, be administered es described in said Appendiz A. <br /> any new residential structure mey be set back the average set- B. SubdlvWons. All applications fa preliminary and final plats <br /> back of the adjacent struclures from the wdinary high water mark and minor subdivisions located within Shoreland Management <br /> or fifry (50) feet, whichever is greater, provided all other provi- Districts shall be subject to - in addition to ihe provisions of <br /> sions of the Shoreland Management Districls are complied with. this ordinence - all epplicable provisions of Chapter 22 (Sub- <br /> F. On-Slts Sswags Trsatmsnt Systsms. All permitled uses diviaion Repulalions) ol the Arden Hills Code and ahall be ad- <br /> and speciel uses within the Shoreland Management Districts ministered as described in said Chepter 22. <br /> shall be served with public aewer. No private on•site eewege C. NotMlatlon of tM Commlwloner of NaWnI Rswurcas. <br /> treatment systems shell be permitled. (1) A copy of eny requeat for e variance to the provisions <br /> G. Shorsland Attmtlons. of ihis ordinance or plats which propose any bts which require <br /> (1) The removal of natural vegetation shall be restrided to pra variances to ihe lot area and dimensionel requirements of this <br /> vent erosion into protecled waters, to consume nutrienis in ihe ordinance or the nolice of a public hearing ta consider a special <br /> soil, and to preserve shorelend aeathetica. Removal of natural use permit or planned unit development permit shall be sent to <br /> vegetation in the Stwreland Menapement Distncts shall be sub- the Commissioner of Natural Resources such that notice is <br /> ject to the (allowing provisions: received by ihe Commissiorrer at least ten (10) days prior to such <br /> (a) Selective removal of naturel vegelation is allowed, provid- hearing or action on such request. <br /> ed thal sutlicient vegelative cov,er remains to screen cars, dwell- (2) A copy of all amendments to this ardinence and final deci- <br /> ings and other structures when viewed from the weter. siona granting variancea or special uses within the Shoreland <br /> (b) Clear cuning of natural vegetation is prohibited. Management Districts shell be sent to the Commissioner of <br /> (c) Natural vegetatbn ehall be restwed insofer ag feasible aRer Natural Resources within ten (10) deys of the amendment of final <br /> any conatruction project ia completed to retard auAace runoH action. <br /> and soil erosion. (3) Copiea of all plats within the Shoreland Management <br /> (2) Greding and filling in Shoreland Menagement Districts or Districts shall be submined to ihe Commissioner ot Natural <br /> any alteration of the naturel topography where the slope of the Resources within ten (10) days of (inal approval by the City. <br /> land is towerd a protected water or a watercourse teading to a Sactlon 6. Gsnercl Provislons. <br /> prolected water must be authorized by a permit. If the amount A. Intsrprotallon. In their interpretation and application, the <br /> of gratling, ezcavation, or filling ie less than 400 cubic yards per provisions of this ordinance shall be held to be minimum ra <br /> single parcel or 400 cubic yards per ecre of land, whichever is quirements and shall be liberally construed in favor of the City, <br /> greater, en Administrative Permit shall be required. If the amount end its Ciry Council, and shall not be deemed a limitetion or <br /> of grading, excevation, or filling exceo& 400 cubic yards per repeal of any olher powers granted by stete statutes. <br /> single parcel or 400 cubic yards per acre of land, whichever is B. Abrogatlon and GreaUr RestrlcUons. It is nol intended <br /> greater, a Special Use Permit ahall be required. Such permits by thia ordinance to repeal, abrogate or impair any existing <br /> shall be applied for end epproved in accordence with Section easemenfs, covenants or deed reatrictbns. However, where this <br /> VI of Chapter B(Excavation) and Section VII ol Appendix A(Zon- ordinance impoaes greater restrictions, the provisions of this or- <br /> ing) ol the Arden Hills Code. dinance shall prevail. <br /> My such permit may be granted subjecl W the conditions that: C. Repsd ollneonNtlsnt Ordlneneao. All other ordinances <br /> (a) The smallest amouM of bare ground is expoaed fa as short inconaistent with thia ordinance are hereby repealed to the ex- <br /> a time as feasible. tent o( the inconsistency only. <br /> (b) Temporary ground cover, such es mulch, is used and per- d. Sevsroblllty. II any section, clause, provision or portion of <br /> manent ground cover, auch ae aod, is esteblished. thie ordinance le adjudged unconstitutlonal or Invalid by e court <br /> (c) Methada to prevent eroslon end trep aediment are of competent jurladidion, the remainder of thia ordinanca ehall <br /> employed. not be aflecled thereby. <br /> (d) Fill is stabilized to accepted engineering atandards, ap- Sectlon 7. Enforesmsnt; Fses; Vlolatbns end Psneltles. <br /> proved by the City Engineer. The provisbns ol Section XII of Appendix A(Zoning) of the Arden <br /> (3) Any work which will change or diminish the course, cur- Hills Code ere incorporeted herein by reference and are made <br /> rent or cross-seclion of a protected water or wetland shall be a pert hereof. <br /> approved by the Commissioner ol Natural Resources, and such Ssctlon B. EHecUvs Dete. This Ordinance shall be effective <br /> approval shall be construed to mean the issuance by the Com- from end aRer its edoption by the Arden Hills City Council and <br /> missioner of Natural Resources of a pertnit under the procedures publication in the New Brlghton Bulletln. <br /> of Minnesota Statutea, Sectbn 105.42 and other relatetl stelules. Sectlon 9. Dats of Enaetmsnt. The dale of enactment of Ihis <br /> H. Subdlvlslons. No land shall be subdivided which is held ordinence is the date hereinarier specified on which this or- <br /> unsuitable by the Ciry for the propoeed use because of flooding, dinance was adopted by the Arden Hills City Council. <br /> inadequate drainage, soil and rock formations with severe limita- Adopted by the Arden Hills City Council ihis 30th day of <br /> tions lor development, severe erosion potential, unlevorable September, 1885. <br /> topography, inadequate water supply or sewer access, or any Robert Woodbum <br /> other feature likely W be harmful to the health, salery, or welfere Moyor <br /> of future reaidente of Ihe proposed eubdivieion or ol the Anest: <br /> communNy. ChaHOtte MeNluh <br /> CNrk•Adnlnbtntor <br /> (Bulletln: Npv. 20, 1985) <br />