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

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1 structure either do not exist, or that adequate measures will be taken to prevent such problems through 2 special construction methods. 3 4 957 Subdivision of Land in Scenic River Overlay District 5 (A) No land shall be subdivided which is determined by the city, or the commissioner of natural resources, 6 to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe 7 limitations for development, severe erosion potential, unfavorable topography, inadequate water 8 supply or sewage treatment capabilities or any other feature likely to be hainiful to the health, safety, 9 or welfare of the future residents of the proposed subdivision or the community. Soil percolation rate 10 tests and soil borings shall be required on each proposed subdivision within the Rum Scenic River 11 Land Use District, to establish the suitability of the land for development. Such testing is required 12 before any final plat may be approved, but may be waived by the zoning administrator when adequate 13 data is already available. 14 (B) Planned unit or cluster developments may be allowed in the Scenic River Land Use District if 15 preliminary plans are first approved by the commissioner of natural resources and the applicable 16 provisions of Minn. Rules pts. 6105.0010-6105.0250 pertaining to such development are satisfied, 17 and the provisions of this Code are satisfied. 18 19 958 Landscape Alterations 20 (A) Vegetative cutting. 21 (1) The vegetative cutting provisions of this section shall apply to those areas as specified in section 22 954. 23 (2) General provisions within designated setback areas: 24 a. Clear -cutting, except for any authorized public services such as roads and utilities, shall 25 not be permitted. 26 b. Selective cutting of trees in excess of four inches in diameter at breast height shall be 27 permitted providing cutting is spaced in several cutting operations and a continuous 28 cover is maintained. 29 c. The cutting provisions of subsections (a)(2)a and b of this section shall not be deemed to 30 prevent: 31 1. The removal of diseased or insect infested trees or of rotten or damaged trees that 32 present safety hazards. 33 2. Pruning understory vegetation, shrubs, plants, brushes, grasses, or from harvesting 34 crops, or cutting suppressed trees or trees less than four inches in diameter at breast 35 height. 36 (3) Clear -cutting. Clear -cutting anywhere within the Scenic River Land Use District of the Rum 37 River is subject to the following standards and criteria: 38 a. Clear -cutting shall not be used as a cutting method where soil, slope, or other watershed 39 conditions are determined by the zoning authority to be fragile and subject to severe 40 erosion and/or sedimentation. 41 b. Clear -cutting shall be conducted only where clear-cut blocks, patches or strips are, in all 42 cases, shaped and blended with the natural terrain. 43 c. The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary. 44 d. Where feasible, all clear cuts shall be conducted between September 15 and May 15. If 45 natural regeneration will not result in adequate vegetative cover, areas in which clear- 46 cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic 47 quality of the area. Where feasible, replanting shall be performed in the same spring or 48 the following spring. 49 (B) Grading,_ filling, alterations of the bed of public waters. 50 (1) Any grading and filling work done within the Scenic River Land Use District of this section 51 shall require a peiniit and shall comply with the following: Attachment A — Ordinance #23-14 Page 137 of 141