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SECTION 28 - ENVIRONMENTAL REVIEW ^ Section 29.1 State Law Adopted 28.111 The:City of Gem Lake hereby adopts the..provisions of.Minaesota Statutes, § 11 6D.04 and 116D.045, and Minnesota Rules Chapter 4410, as.those.iaws and rules may be amended oraltered from time to time., and makes those provisions a:part:of:this .section as if fully set out herein. Section 28.2 Application. Section.28.2.1 The provisions of this section shall. apply to all land use applications submitted to the City, including but riot limited to .zoning amendments, planned unit development applications, subdivision applications, shoreland and: wetland. permits,. variances, conditional use permits, and nonconforming use permits. The intent of this ordinance is to standardize -the, City's process for determining when to requirereview by Environmental Assessment Worksheet t'EAW ') or Environmental Impact Staternent "EIS"}. Section 28.3 Determiimation of Need for Environmental Review. 28.3.1 The City -Planner shall be. the person responsible for the administration of this section, and the rules adapted by reference by thissection. 28.312 The City. Planner shall be responsible for determining whether an.a..ction for which a.permitis required is an. action for which an.T3AW is mandatory under Minn. R 44.10.4300 and/or an EIS is mandatory under Minn. R. 4410A400. The planner shall also determine those proposed actions for which a discretionary EAW may required under Minn. R. 4410.10O0, Subp. 3, and shall norm fy the Planning Commission And the City Council of .these proposed 3 If the 11. Ct `-•lanner`identifies a pra� tsal as pot buy e.` uiring a „cretonary EAW, or if the ty receives.a to require an E tl. Wrist be: detertmnation from tlfi9&vironmerital. Q ^ t .Board, decision W Tan for EAW.., $ 5:'rr. sc?✓^,-.M f:;'- s notice o etiti'-ri hall be efetetl fo theiPlannin Co ` clan which e by the. City-;sCbun , �; `I pl�au :.t�isr' ' r E B.p n ;s 5y g ' € make a rec cil's de • _ n on. whether or not to re e an EAW ninen a1Yon to. ttie C Council. � I'd �s =ate• g `:.. RA p . '" days P ' p P € take lace ria later 3Q da f vrri=recei of%time planner V otice r;`M etitivn from the EQB:.. 10 'Cc of the �n .�_.,i fir' ✓fir ^iy '. ° pro. thin Co ies of this no shall also be i�il's-decision shall he -sent. to. the pro riser thin.fiivC .(5} day o p yq i �jz:5, r�rV;�.'....�....: �:�s;��} Z,S"oai� ..:�:`: �>'i: "�.:� Y<l�i 'to tl"ie Et B .arid tie lu`titiners' repzesenta if'the determinati vvas triggered .by a citizen petition: 28.3.4 If the City Planner identifies a proposal as requiring mandatory environmental review, the planner may require that review process'to begin immediately. Section 28.4 Procedures on Determination that EAW is Required.. 28.4.1 If an EAW is required, the proposer of the project shall submit an "Application for Environmental RcvicV;1' .along with the completed data portions of tlm EAW. The applicant. shall agree in writing, as a part of the application, to reimburse .the.City.prior to the issuance of any permits for all reasonable costs, including legal and consultants' fees,. incurred in preparation and review of the. EAW. The proposer shall make a deposit of five thousand dollars ($5,000.00) with the City Treasurer to be held in escrow for the.payment of these costs. Any unexpended funds retaining after final consideration of the. EAW by.the City Council shall be returned .to the proposer within thirty (30) days of the CouncTs decision. 28.4.2 The City Planner.. shall promptly review the application. for completeness. arid. accuracy... if the city planner determines that the submittal is incornplete, the. submittal shall be returned to the proposer for coinpletion.of the missing data. If the: city planner detennines that the submittal is complete, the proposer.shall be notified of the acceptance of.the submittal within five days. The City shall. have 30. days from notification to. add.supplementary material to the.EAW,.if necessary, and to approve the RAW for distribution. 28.4:3. Upon -completion of the EAW for distribution by.the: city planner, the City Clerk shall provide. -mailed native of (.. the availability of the EAW and date of the meeting at.which.the Planning Commission -will consider the matter.to all propextyowners within at least seven hundred and fifty g5a} feet -of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed at. minimum ten (10) days beforethe date of the Planning Updated .Tune 5, 2017 Gem Lake CDnsolidated Land Use Ordinance. -Page 153