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CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA. <br />ORDINANCE NO. 92 <br />AN ORDINANCE DESCRIBING TIIE ENVIRONMENTAL REVIEW PROCESS <br />THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: <br />SECTION 1. State law adopted. The City of Gem Lake hereby adopts the provisions <br />of Minnesota Statutes, § 116D.04 and 1160.045, and Minnesota Rules Chapter 4410, as <br />those laws and rules may be amended or altered from time to time, and makes those. <br />provisions a part of this ordinance as if fully set out herein. <br />SECTION 2. Application. The provisions of this ordinance shall apply to all land use <br />applications submitted to the. City, including but not limited to zoning amendments, <br />planned unit development applications, subdivision applications, shoreland and wetland. <br />permits, variances, conditional use permits, and nonconforming use permits. The intent <br />of this ordinance is:. to standardize the City's process for determining when to require <br />review by Environmental Assessment Worksheet ("EAW") or Environmental Impact <br />Statement ("EIS"). <br />SECTION 3. Determination ❑f Need for Environmental Review. <br />3.1 The City Planner shall be the person responsible for the administration of this <br />ordinance, and the rules adopted by reference by this ordinance. <br />3.2 The City Planner shall be responsible for determining whether an action for <br />which a permit is required is an action for which an EAW is mandatory under <br />Minn. R. 4410.4300 and/or an EIS is mandatory under Minn. R. 44 10.4400. The <br />planner shall also determine those proposed actions for which a discretionary <br />EAW may be required under Minn. R. 4410.1000, subp. 3, and shall notify the <br />Planning Commission and the City Council of these proposed actions. <br />3.3 If the : City Planner identifies a proposal as potentially requiringa <br />discretionary EAW, or if the City receives a petition for EAW determination from <br />the Environmental. Quality Board, the decision to require an EAW must be made <br />by the city council. The planner's notice or EQB petition shall be referred to the <br />Planning Commission, which shall make a recommendation to the City Council. <br />The city council's decision on whether or not to require an EAW shall take place. <br />no later than 30 days from receipt of the planner's notice or petition from the <br />EQB. Notice of the council's decision shall be sent to the proposer within five (5) <br />days of the decision. Copies of this notice shall also be sent to the EQB and <br />petitioners' representative if thedetermination was triggered by a citizen petition. <br />