Agenda - Planning Commission - 12/05/1995

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Environmental protection § 9.21 9.21 Efivironmental protection. I 9.21.01 Findings and purpose. Subdivision 1.Statutory Authorization: This Section is adopted pursuant to the authorization c~ontained in the Laws of Minnesota 1973, Chapter 379, and in furtherance of the policies declared ~ Minnesota Statutes 1976, Chapters404;4~, 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 loca~ 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 deld. gated responsibility to the municipalities of the state to regulate the subdivision, use and developme~nt of the shorelands of public waters and thus preserve and enhance the quality of surface waters, ipreserve the economic and natural environ- mental values of shorelands, and provide for the wis~ utilization of waters and related land resources. This responsibility is hereby recognized by theCity. The Council of th~ City finds that the Mississippi River Corridor within the City is a unique and valuable local, stat~, regional and national resource. The river is an essential element in the local, regional, state and~ational transportation, sewer and water and recreational systems and serves important biologic,al and ecological functions. The prevention and mitigation of irreversible damage to this reso~ce 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 furthe~fmds that the Critical Area District is characterized by certain soil types, slopes and water levels w~ich 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 ec .~logical, recreational and aesthetic functions to the benefit of existing and future residences of the City and, therefore, is in htrtherance 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 valflable local, state, regional and national resource. The wetlands provide recreation and serv4as drainage areas, important biological and ecological functions. It is the purpose aqd intent of this section to prevent and mitigate irreve,~'sible damage to these natural resources an~l to preserve and enhance their values to the public. Development shall be so regulated so as to rn~ 'mize the risk of environmental damage to these areas. By doing so, private homeowners and g~vemmental units are protected from incurring high maintenance and capital costs resulting from We 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 ~ithin the following described districts of which the Critical Area and the Shorelands shown o9 the official environmental overlay map. This overlay map is hereby adopted as a part of this Set,on. Subdivision 1.The Critical Area Overlay District. The MisSissippi River Corridor Critical An~ as set forth and legally described in Minnesota State Executive Order No. 79-19 as recorded iri the State Register, Monday, March 12, 1979. This district hereinafter is called Critical Rive~'. Area and shall be identified on the official environmental overlay map referenced in this seotion. Subdi. 2. Wetlands. The Minnesota Department of Natural Resources (DNR) uses the U. S. Fish ~d Wildli/e classification system for wetlands and currently requires a permit for alteration of wetland types 3-5 which are 2.5 acres or larger.