Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 (1) Vegetation alterations. 2 a. Vegetation alteration necessary for the construction of structures and sewage treatment 3 systems and the construction of roads and parking areas regulated by this subdivision are 4 exempt from the vegetation alteration standards that follow. 5 b. Removal or alteration of vegetation, except for agricultural and forest management uses 6 as regulated in this subdivision is allowed subject to the following standards: 7 1. Intensive vegetation clearing within the shore and bluff impact zones and on steep 8 slopes is not allowed. Intensive vegetation clearing for forest land conversion to 9 another use outside of these areas is allowable as a conditional use if an erosion 10 control and sedimentation plan is developed and approved by the soil and water 11 conservation district in which the property is located. 12 2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and 13 shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to 14 the water from the principal dwelling site and to accommodate the placement of 15 stairways and landings, picnic areas, access paths, livestock watering areas, beach 16 and watercraft access areas, and permitted water -oriented accessory structures or 17 facilities, provided that: 18 (i) The screening of structures, vehicles, or other facilities as viewed from the 19 water, assuming summer, leaf -on conditions, is not substantially reduced; 20 (ii) Along rivers, existing shading of water surfaces is preserved; and 21 (iii) The provisions of this subsection (g)(1) of this section are not applicable to 22 the removal of trees, limbs, or branches that are dead, diseased, or pose 23 safety hazards. 24 (2) Topographic alterations/grading and filling. 25 a. Grading and filling and excavations necessary for the construction of structures, sewage 26 treatment systems, and driveways under validly issued construction permits for these 27 facilities do not require the issuance of a separate grading and filling permit. However, 28 the grading and filling standards in this subdivision must be incorporated into the 29 issuance of permits for construction of structures, sewage treatment systems, and 30 driveways. 31 b. Public roads and parking areas are regulated by this subdivision. 32 c. Notwithstanding subsections (D)(2)a and b of this section, a grading and filling permit 33 will be required for: 34 1. The movement of more than ten cubic yards of material on steep slopes or within 35 shore or bluff impact zones; and 36 2. The movement of more than 50 cubic yards of material outside of steep slopes and 37 shore and bluff impact zones. 38 d. The following considerations and conditions must be adhered to during the issuance of 39 construction permits, grading and filling permits, conditional use peiniits, variances and 40 subdivision approvals: 41 1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to 42 determine how extensively the proposed activity would affect the following 43 functional qualities of the wetland. This evaluation must also include a 44 determination of whether the wetland alteration being proposed requires permits, 45 reviews, or approvals by other local, state, or federal agencies such as a watershed 46 district, the state department of natural resources, or the United States Ally Corps 47 of Engineers. The applicant will be so advised. 48 (i) Sediment and pollutant trapping and retention; 49 (ii) Storage of surface runoff to prevent or reduce flood damage; 50 (iii) Fish and wildlife habitat; 51 (iv) Recreational use; 52 (v) Shoreline or bank stabilization; and Attachment A — Ordinance #23-14 Page 123 of 141