Agenda - Planning Commission - 01/02/1996

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Environmental protection § 9.21 9.21 Environmental protection. 9.21.01 Findings and purpose. Subdivision 1. Statutory Authorization: This Section is adopted pursuant to the authorization contained in the Laws of Minnesota 1973, Chapter 379, and in furtherance of the policies declared in Minnesota Statutes 1976, Chapters404wt~, 103, 115, 116 and 462. Subd. 2. The uncontrolled use of shorelands of the City affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environ- mentaI values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility is hereby recognized by the City. The Council of the City finds that the Mississippi River Corridor within the City is a unique and valuable local, state, regional and national resource. The river is an essential element in the local, regional, state and national transportation, sewer and water and recreational systems and serves important biological and ecological functions. The prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural and historic values is in furtherance of the health, safety and general welfare of the City. The Council further finds that the Critical Area Dismict is characterized by certain soil types, slopes and water levels which are unsuitable for development. The preservation of trees and woodlands, marshes, swamps, wetlands, drainage ways and water courses within the Critical Area District serves, important ecological, recreational and aesthetic functions to the benefit of existing and future residences of the City and, therefore, is in furtherance of the health, safety and general welfare of the City. In addition to the Shorelands and Critical Area District, the Council of the City finds that the wetlands are a valuable local, state, regional and national resource. The wetlands provide recreation and serve as drainage areas, important biological and ecological functions. It is the purpose and intent of this section to prevent and mitigate irreversible damage to these natural resources and to preserve and enhance their values to the public. Development shall be so regulated so as to minimize the risk of environmental damage to these areas. By doing so, private homeowners and governmental units are protected from incurring high maintenance and capital costs resulting from the necessity to correct the deficiencies encountered as a result of inappropriate or improper development. 9.21.02 Establishment of district boundaries. This section shall apply to all public and private lands within the following described districts of which the Critical Area and the Shorelands shown on the official environmental overlay map. This overlay map is hereby adopted as a part of this Section. Subdivision I. The Critical Area Overlay District. The Mississippi River Corridor Critical Area as set forth and legally described in Minnesota State Executive Order No. 79-19 as recorded in the State Register, Monday, March 12, 1979. This district hereinafter is called Critical River Area and shall be identified on the official environmental overlay map referenced in this section.