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<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)
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