Agenda - Planning Commission - 11/09/1995

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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 ~uthorization contained in the Laws of Minnesota I973, Chapter 379, and in furtherance of th~ policies declared in Minnesota Statutes 1976, Chapters~, 103, 115, 116 and 462. Shlbd. 2. The unconu'olled 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 lo~al 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 de, legated responsibility to the municipalities of the state to regulate the subdivision, use and developrhent of the shorelands of public waters and thus preserve and enhance the quality of surface water~, preserve the economic and natural environ- mental values of shorelands, and provide for the v~se utilization of waters and related land resources. This responsibility is hereby recognized by tha 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 ar~.~d national transportation, sewer and water and recreational systems and serves important biolo~cal and ecological functions. The prevention and mitigation of ~'-reversible 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 furtl'ler finds that the Critical Area District is characterized by certain soil types, slopes and water levels Which are unsuitable for development. The preservation of trees and woodlands, marshes, swampL wetlands, drainage ways and water courses within the Critical Area District serves important ~cological, 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 ~aluable 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 frotn the necessity to correct the deficiencies encountered as a result of inappropriate or improper development. 9.21.02 Es~tablishment of district boundaries. This section shall apply to all public and private landj within the following described districts of which the Critical Area and the Shorelands showri on the official environmental overlay map. This overlay map is hereby adopted as a part of this S~.ction. Si] River Corridor Cr No. 79-19 as reco called Critical Ri referenced in this bdivision 1. The Critical Area Overlay District. The Mississippi itical Area as set forth and legally described in Minnesota State Executive Order rded in the State Register, Monday, March 12, 1979. This district hereinafter is ver Area and shall be identified on the official environmental overlay map :ection.