Bill No. 2018-01
BILL NO. 2018-1
AN ORDINANCE AMENDING CHAPTER IV OF THE RICHFIELD
CODE OF ORDINANCES BY ADDING A NEW SECTION 430
RELATING TO SHORELAND MANAGEMENT
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. A new Section 430 is inserted into the Richfield City Code as follows:
SECTION 430. – SHORELAND MANAGEMENT
430.01. – Statutory Authority.
This Section is adopted pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 – 6120.3900, and Minnesota
Statutes, Chapter 462.
430.02. – Purpose.
The uncontrolled use of shorelands of the City of Richfield affects the public health,
safety and general welfare by contributing to pollution of public waters and by impairing the
local tax base. It is, therefore, in the best interests of the public health, safety and welfare to
provide for the wise development of shorelands of public waters and thus preserve and enhance
the quality of surface waters, conserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related land resources.
The purpose of this Section is to implement regulations concerning the use, development,
and alteration of certain shore areas in the City of Richfield in compliance with directives and
requirements of Minnesota Statutes, Section 103F.221, Subd. 1 and rules adopted pursuant
thereto. These regulations are adopted in order to protect the natural characteristics of such shore
areas and adjacent water areas to prevent the pollution of surface and ground waters to minimize
flood damage, to manage the effects of shore area crowding and development, and to maintain
shore area property values.
430.03. – Jurisdiction.
Subdivision 1.
Applicability. The provisions of this Section shall apply to the shoreland
district in the City, as defined in Subdivision 3.
Subd. 2.
Exemptions. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900,
no lake, pond, or flowage less than 10 acres in size is subject to the regulations in this Section. A
body of water created by a private user where there was no previous shoreland may, at the
discretion of the governing body, be exempted from this Section.
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Subd. 3.
Protected Waters and Classifications. The provisions of this Section shall
apply to the shore areas of the following public waters, as identified by the DNR.
DNR # DNR Classification Ordinary High Water
Level
Richfield Lake 27002100 Recreational 826.1 ft
Development
Wood Lake 27002600 Recreational 820.7 ft
Development
Legion Lake 27002400 Natural Environment Elevation not established
Subd. 4.
Other Regulations. Unless specifically stated to the contrary, the provisions of
this Section shall be in addition to, and not in derogation of, other statutes, regulations, or
ordinances, affecting shore areas. If both these regulations and other regulations impose similar
restrictions upon shore areas, the more restrictive regulation shall apply.
-
430.04. – Definitions.
Subdivision 1.
For purposes of this Section, the following words and terms will have
the meanings as stated:
Subd. 2. Backyard Appurtenant Structure
– accessory structures under 100 square
feet in size, including but not limited to : children's recreational equipment (e.g., swing set or
sandbox); clotheslines; arbors and trellises; outdoor fireplaces or grills; permanent benches;
utility wires or poles; other public sewer, water, and gas utility appurtenances; flag poles; walls
and fences less than six (6) feet in height; landscaping retaining walls; dog enclosures.
Subd. 3. Best Management Practices
- the methods and practices described in the
Minnesota Pollution Control Agency's "Protecting Water Quality in Urban Areas", commonly
known as "Best Management Practices In Minnesota".
Subd. 4. Deck
- a horizontal, unenclosed platform with or without attached railings,
seats, trellises, or other features, attached or functionally related to the principal use of the site.
Subd. 5. DNR
- Minnesota Department of Natural Resources.
Subd. 6. Exotic species
- flora and fauna that are not indigenous to Minnesota, as
determined by the DNR, the City, or other public agency.
Subd. 7. Noxious weed
- those weeds so defined in Minnesota Statues Section 18.77,
subd. 8, or any plant which is identified and placed by Hennepin County on its noxious weed
list.
Subd. 8. Ordinary high water level (OHWL)
- the boundary of public waters, which
is the elevation delineating the highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape, commonly that point where the natural
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vegetation changes from predominantly aquatic to predominantly terrestrial. The OHWLs for
those public waterbodies governed by this Section are listed in subsection 430.03, subd. 3.
Subd. 9. Paved area
- any impervious ground surface area created by means of
concrete, asphalt, brick, mortar, or other materials.
Subd. 10. Public waterbody
- the lakes listed in the table in subsection 430.03, subd. 3.
Subd. 11. Shoreland district
- all land in the City lying within 1,000 feet from the
Ordinary High Water Level (OHWL) of the public waterbodies listed in subsection 430.03,
subd. 3.
Subd. 12. Shore area impact zone
- all land between the ordinary high water level and a
line parallel to it at a setback of 50 percent of the structure setback, as detailed below.
Shore Impact
Zone
Richfield Lake 37.5’
Wood Lake 37.5’
Legion Lake 75’
Subd. 12. Vegetation
- flora of any variety, including trees, shrubs, plants, and grass.
Subd. 13. Watercraft landing facility
- a dock, ramp, or other structure used to land
watercraft.
Subd. 14. Watercraft lift or storage facility
- an unenclosed structure designed and
used solely to raise water craft out of the water or for the storage of watercraft and related
equipment.
Subd. 15. Water-oriented accessory structure
– a small, above ground building or
other improvement, except stairways, stairway landings, lifts, fences, docks, and retaining walls,
which, because of the relationship of its use with a public water body, reasonably needs to be
located closer to public waters than the normal structure setback. Examples of such structures
and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and
detached decks.
430.05. – Permit Required.
Unless otherwise exempted in this Section, a permit is required for any construction, grading,
filling, excavation, impervious surface construction, or vegetation management within the shore
area impact zone.
430.06. – Uses and Development Standards within the Shoreland District.
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Subdivision 1.
Permitted Uses. Permitted uses within the shoreland district shall be
determined by the regulations of the underlying zoning district, as established in Appendix B of
the City Code.
Subd. 2.
Lot area and width.Lot area and width standards for residential development
by a public water body shall be governed by the regulations of the underlying zoning district, as
established in Appendix B of the City Code.
Subd. 3.
Setback requirements. The following setbacks shall apply, except as exempted
in subdivision 4.
Setback of
Structures from
OHWL
Richfield Lake 75’
Wood Lake 75’
Legion Lake 150’
Subd. 4.
Structure setback exemptions. The following types of structures are exempt
from the required structure setbacks in subd. 3, but are required to follow the standards in
Subdivisions 5 and 6 of this subsection:
a.
Stairways, stairway landings, and pedestrian lifts;
b.
Watercraft landing facilities;
c.
Watercraft lift or storage facilities;
d.
Water-oriented accessory structures;
e.
Utility sheds;
f.
Decks
g.
Other backyard appurtenant structures; and
h.
Public park, beach, and marina facilities and other public improvements.
Subd. 5
Height. The height of structures shall be governed by the underlying zoning
district as established in Appendix B of the City Code.
Subd. 6.
Impervious surface coverage. Impervious surface coverage shall not exceed
10% in the shore area impact zone.
430.07. – Backyard Appurtenant and Water-Oriented Structures within the Shoreland
District.
Subdivision 1.
Each residential lot may have one water-oriented accessory structure
or facility located no closer to the OHWL than 10 feet.
Subd. 2.
All other backyard appurtenant and water-oriented structures shall be at
least 10 feet from the OHWL.
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Subd. 3.
Performance Standards.
a.All backyard appurtenant and water-oriented structures must be located so as to
minimize the impact upon existing vegetation, and whenever reasonable in the
most visually inconspicuous portions of lots, as viewed from the surface of the
public waterbody, assuming summer, leaf-on conditions.
b. must not exceed twelve feet in height, exclusive of safety rails, and
The structure
cannot occupy an area greater than 250 square feet; provided that utility sheds
shall not exceed 120 square feet in area. Detached decks must not exceed eight
feet above grade at any point.
c.The roof of a structure may be used as a deck with safety rails, but must not be
enclosed or used as a storage area.
d.The structure must not be designed or used for human habitation and must not
contain water supply or sewage treatment facilities.
The following standards shall apply to attached or detached decks:
e.
i)allowed only if no reasonable location exists for the deck outside of the
shore area impact zone;
ii)the deck encroachment toward the OHWL shall not exceed fifteen (15)
percent of the existing setback of the principal structure from the
OHWL or shall not encroach into the shore area impact zone, whichever
is more restrictive;
iii)the deck must be constructed primarily of wood, and shall not be
enclosed, roofed or screened, and shall not result in the creation of an
impervious surface;
f.Nothing herein is intended to permit private watercraft landing facilities or other
private water access where such rights have been acquired by the public.
430.08. – Stairways, Lifts, Landings Within the Shoreland District.
Subdivision 1.
Location. Stairways, stairway landings, retaining walls, and pedestrian
lifts shall be located whenever reasonable in the most visually inconspicuous portions of lots, as
viewed from the surface of the public waterbody, assuming summer, leaf- on conditions.
Subd. 2.
Construction and Design.
a.Stairways and pedestrian lifts must not exceed four feet in width on residential
lots. Wider stairways may be used for commercial properties, public open-space
recreational properties, and planned developments where more than one lot or more
than four dwelling units are served.
b.Landings for stairways and pedestrian lifts on residential lots must not exceed 32
square feet in area. Landings not exceeding 60 square feet may be used for
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commercial properties, public open-space recreational properties, and planned
developments where more than one lot is served.
c.Canopies or roofs are not allowed on stairways, stairway landings, or pedestrian
lifts.
d.Stairways, stairway landings, and pedestrian lifts may be either constructed above
the ground on posts or pilings, or placed into the ground, provided they are designed
and built in a manner that ensures control of soil erosion.
430.09. – Grading, Filling, Excavation, Impervious Surface Construction, and Vegetation
Management Within the Shoreland District.
Subdivision 1.
Permit required. No grading, filling, excavation, impervious surface
construction, or vegetation management within the shore impact zone areas shall occur without a
shore area permit.
Subd. 2.
Permit exemptions. The following activities do not require a permit:
a.the removal of dead, diseased, hazardous or storm-damaged vegetation, or for the
mowing of turf;
b.the periodic pruning of woody vegetation up to four inches in diameter (as measured
at the base of the cut provided the roots are left intact;
c.removal of exotic species, noxious weeds or other public nuisances;
d.removals or alterations for purposes of the construction of when all other
requirements are met;
e.landscaping activities customarily associated with gardening or lawn care, not
including grading.
Subd. 3.
Performance standards. The following standards shall be required for all
grading, filling, excavation, and vegetation management within the shore area impact zone:
a.The existing vegetative screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, must be substantially
maintained; and
b.Before any permit will be issued to grade or fill, the applicant must provide evidence
that all provisions of federal, state, and local law pertaining to wetlands and shore area
(including but not limited to the Wetland Conservation Act, Watershed District
regulations, U.S. Corps of Engineers regulations, DNR protected waters regulations,
and City floodplain,) have been satisfied to the satisfaction of the City Engineer.
c.All shore area permits for grading, filling, or excavation shall be subject to all of the
additional following conditions:
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(i)Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed and is exposed for the shortest time
possible.
(ii)Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible.
(iii)Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used.
(iv)Altered areas must be stabilized to acceptable erosion control standards consistent
with Best Management Practices.
(v)Fill or excavated material must not be placed in a manner that creates an unstable
slope.
(vi)Alterations of topography may be allowed only if accessory to uses allowed by
this section and does not adversely affect adjacent or nearby properties.
(vii)Placement of natural rock rip rap, including associated grading and placement of a
filter blanket, is permitted only if the finished slope does not exceed three feet
horizontal to one foot vertical, the landward extent of the rip rap is within ten feet
of the OHWL (as measured along the ground surface), and the height of the rip
rap above the OHWL does not exceed three feet.
(viii)
Such other conditions as are reasonable and necessary under the circumstances as
determined by the City Engineer.
(ix)Excavations or grading where the intended purpose is connection to a public
waterbody (such as boat slips, canals, lagoons, and harbors) shall not be allowed
without the approval of the DNR.
d.All shore area permits for impervious surface construction in the shore impact zone
shall be subject to the additional following conditions:
i)The impervious surface construction must: take advantage of natural vegetation
and topography to achieve maximum screening of view from the public
waterbody; limit the removal or alteration of vegetation; be designed so as to
minimize and control erosion to the public waterbody consistent with Best
Management Practices; and, be designed so as to minimize adverse impacts to
the shore area.
ii)Existing natural drainage ways, wetlands, and vegetated soil surfaces must be used
to convey, store, filter, and detain storm water runoff before discharge to public
waters.
iii) Development and construction must be planned and conducted in a manner that
will minimize the extent of disturbed areas, runoff velocities, erosion potential, and
reduce and delay runoff volumes. Disturbed areas must be stabilized and protected
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using methods and facilities designed and installed consistent with Best
Management Practices.
iv)When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds may be
used. Preference must be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and man-made materials and facilities.
430.10. – Water and Sewer Facilities.
Subdivision 1.
Connection to public systems. All lots within the shoreland district shall be
connected to the public water and sanitary sewer systems and old sewer and water systems shall
be abandoned in conformance with state law and city ordinances. Lots not meeting this
requirement must be connected as part of any proposed development or redevelopment.
Subd. 2.
Wells/septic systems prohibited. No new water wells or on-site sewage treatment
systems may be constructed within the shoreland district.
430.11. – Administration.
Subdivision 1.
Permit Fee. The fee for a shore area permit shall be as provided in
Appendix D of this Code, except that a double fee may be required by the City in instances
where work or an activity has been initiated without the required permit.
Subd. 2.
Other necessary permits. The obtaining of a shore area permit for a given activity
shall not abrogate the need to obtain any other permits required for the activity under the City
Code or other federal, state, or local laws.
Subd. 3.
Applications. Applications for a shore area permit shall be filed with the City
Engineer and shall contain information necessary and relevant to the review and analysis of the
application, as determined by the City. Such information may include a scaled plan showing
some or all of the following:
a.Existing and proposed contour lines with two-foot intervals and ground
elevations;
b.The OHWL;
c.Existing vegetation and proposed removals;
d.Existing and proposed improvements and utilities;
e.Location of wells and private septic systems;
f.Wetlands;
g.Lot lines;
h.Adjacent streets and right-of-way;
i.Shore area and shore area impact zone;
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j. Other information relevant to the application, as determined by the City.
Section 2. Effective Date. This Ordinance is effective as provided by Section 3.09 of the
Richfield City Charter.
Adopted by the City Council of the City of Richfield,Minnesota this 9th day of January,2018.
Pat Elliott, Mayor
ATT ST:
Elizab"h anHoose, City Clerk
9
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD
SUMMARY PUBLICATION
STATE OF MINNESOTA )ss BILL NO.2018-1
COUNTY OF HENNEPIN AN ORDINANCE ADDING
SECTION 430 OF
RICHFIELD CITY CODE
Darlene MacPherson being duly sworn on an PERTAINING TO SHORE
oath, states or affirms that he/she is the LAND MANAGEMENT
an
Publishers Designated Agent of the newspa- is This publishedsummarpursuantyofthe toordinSectiocen
per(s)known as: 3.12 of the Richfield City Charter.
The purpose of the Shore Land
SC Richfield Management Ordinance is to im-
plement regulations concerning
the use, development, and alter-
with the known office of issue being located ation of certain shore areas in the
in the county of: City of Richfield in compliance with
HENNEPIN directives and requirements of Min-
nesota Statutes,Section 103F.221,
with additional circulation in the counties of: Subd.1.These regulations are ad-
HENNEPIN opted in order to protect the natural
and has full knowledge of the facts stated characteristics of such shore areas
below: to prevent pollution,minimize flood
(A)The newspaper has complied with all of damageshorea,anda crowding and develop-
manage the effects of
re
the requirements constituting qualifica- ment.
tion as a qualified newspaper as provided Copies of the ordinance are
by Minn.Stat.§331A.02. available for public inspection in
(B)This Public Notice was printed and pub- the City Clerk's office during normal
business hours or upon request by
fished in said newspaper(s) once each calling the Public Works Depart-
week, for 1 successive week(s); the first ment at(612)861-9170.
insertion being m.01/18/2018 and the last Adopted by the City Council of
the City of Richfield, Minnesota,
insertion being on 01/18/2018. this 9th day of January,2018.
Pat Elliott,Mayor
MORTGAGE FORECLOSURE NOTICES ATTEST:
Pursuant to Minnesota Stat. §580.033 Elizabeth Published in the
relating to the publication of mortgage Richfield
Sun Current
foreclosure notices: The newspaper complies January 18,2018
with the conditions described in §580.033, 774017
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:9 , f- \rpt I 1 -A,
Designated Agent
Subscribed and sworn to or affirmed before
me on 01/18/2018 by Darlene MacPherson.
,1 '1fry
ot. Public
Ir :'+MARY ELIZABETH KNAPP
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Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 774017