1971-056 Council Ordinances - Laserfiche WebLink

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4.Industrial uses requiring the hulk storage of chemicals will not be allowed on very wet soils. b. The certification of plans and specifications as adequate to overcon.,� the restrictive condition(s) by a professional engineer, registered in the Slate of Minnesota and experienced and knowledgeable in soils and soils mechanics,shall be required as evidence with regard to the City of Lino Lakes and the applicant's meeting of requirements a.1 and a.3 above. 66.8 Special Conditions A ppermit may be approved subject to compliance with reasonable conditions whicli are specifically set forth in the permit and are necessary to insure com- pliance with the requirements contained in this Ordinance.Such conditions may, among other matters, limit the size,kind or character of the proposed develop- local,require the construction of other structures,including special foundations and soil stabilization structures, establish required monitoring procedures, require such alterations of the site as may be necessary,require the provision of a performance bond,and/or require the conveyance to the City of Lino Lakes or other public entity of certain lands or interests therein. The dimensional and area requirements of the underlying restrictive soils types and soil district(s) may be modified in furtherance of the purposes of this Or- durance. 6(0 Time of Permit.-Extensions;Renewals All timing,extensions and renewals are to be consistant with the building permit procedures. 56.10 Responsibility;Effect a Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, not, with the provisions of this Ordinance shall relieve any person from any responsibility otherwise imposed by law fa-damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the City of Lino Lakes or its officers or employees for injury or damage to persons or,property.A permit ussed pursuant to this Ordinance shall not relieve the permitlee of the responsibility for complying with any other requirements established by law,ordinance or regulation. ORDINANCE N0.66 b. Penally.Any person who violates the provisions of this Ordinance shall be CITY LINO LAKES subject to such penalty as is authorized by Section 9 of Ordinance No.56 of the City C of Linn Lakes. OUNTY OF ANOKA c.Sever ability, if any part of(his Ordinance is held to l unconstitutional or STATE OFMINNESOTA otherwise illegal,the remainder of this Ordinance shall he dee emed and held to be AN ORDINANCE RELATIVE TO CONSTRUCTION ON RESTRICTIVE SOILS, valid and remain in force and effect as if such portion had no( been included The City Council of the City of Lino Lakes,Anoka County,Minnesota ordains: herein.If this Ordinance or any provision herein is held to be inapplicable to any 66.1 Legislative Findings and Purpose person,properly or work,such holding shall not affect the applicability hereof to a.The city of Lino Lakes finds that areas within the City of Lino Lakes aye any other person's property or work. characterized by certain soil types, slopes, and water levels which, without d.Variance.The City Council may authorize in specific cases,following appeal proper corrective action, are unsuitable for devleoprnenl; inapproppriate and hearing,a variance from the provisions of this Ordinance where the literal development in these areas increases soil erosion and sedinio nlalioh, tine In application of this Ordinance would result in a substantial inequitable hardship to lroduclion of toxic materials into ground water, encourages pollution, destroys an applicant property owner.In assessing hardship,the City Council shall balance ecological and natural resources, and requires expenditures of Ipublic. funds In the severity of the physical,social and economic effects of(he literal application correct deficiencies; thereby acting to the deirimenl of the health, safety, and against the interests of the City of Lino Lakes in effecting the purposes of(lie lhis welfare of the citizens of the City of Lino Lakes 'Therefore,the purposes of this Ordinance as expressed above Economic consideralions alone shall not constitute Ordinance,are: a hardship if a reasonable use for the property exists under the terms of this Or- b.To provide for the regulation of development on restrictive soils in such a way dinance.No variance may he granted which would allow any use that is prohibited as to minimize the risk of environmental dama�c and to protect private or the znr,ing district in which l:he subject property is lasted A Variance=hall be homeowners and governmental units from incurring high maintenance and capital pranlcd in writing accompanied by specific findings of fact as to the necessity for costs resulting from the necessityy to correct(leticiencies encountered is a resultof t}ne granling of theyar)ance indl its specific provisions. development on poorly suited soils. 66.l I APPL:NDIXA. 66.2 District Boundaries The Following data,descriptions and definitions shall be known as"APPENDIX This Ordinance shall apply to restritaive soils types as described and defined in A,,of this Ordinanrn Appendix A herein and which soils districts are as a guideline. specifically I.Soils With Very Severe'Limitations delineated on the off ual Sail Resource Guidvof the City of Linn I akrs prepared hp the Anoka Soil and Water Conservation District.For purposes of determining the A.Very Wet ,,)its application of this Ordinance to any particular parcel of land said Sol Resource IKA 971 Guide shall be on fill, in the office of the Oily Clerk-Treasurer mid shall be Uhoto Photo n-ailable fur inspu(un area copvirig during regular office hours of such Clerk- Rase lkvie hnmec Treasurer; however, rI reasonable fee for copies mane by the Clerk I rcrwurer 20 Af M xeel Alluvial land freq. shall he charged,which fee shall beset by the Council by resolution from time to I luod,d time 53 Me Marsh 66.3 Definitions 75 Lg - Ln:miy wetand a.Development-(he construction,his,ta flat ion or alteration of any structure,(lie 540 p ,Se of �dvilie muck extraction,clearing or offer alternation of terrestrial or aqu itrc vegetation,land 541 Rf Rnflo murky peal or the course current or cross section of any water body or water course or the 543 Ma Markey muck division of land into two or more parcels. 544 Cb C301ITmuck b. Dimensional Requirement - minimum and maximum setbacks, yard 545 Ru Rondcau muck requirements, or structure height or size restriclinns established in zoning or 551 Mk Millerville mucky peat dinance No.56,and any amendments thereto 161 Iw Isanlifinesandyloam c.Person-any individual,firm,corporation,partnership,association or other 13 Very Slow Permeability privateorgovernmhentalentit.v 551 Mk Millerville mucky peat d.Structure anything manufactured,cotslrucled or erected which is normally C.Soils With High Shrink-Swell Potential attached to or positioned on land,including portable sti uctures. 540 Sc Seeleyvillemuck e. Very wet soils - soils located where the water table is permanently or 541 Rf Rlflemuckypeat seasonably three feel or Tess from the ground surface,including those listed at LA 545 Ru Rondcau muck in Appendix A hereof. 551 Mk Millerville mucky peat f-Wet soils-soils located where the water table is permanently or seasonably 3- D.Soils With High Frost Action Potential 5 feel from the ground surface including those listed at ILA in Appendix A hereof, 53 Me Marsh g.Soils with very slow permeability-soils which have a permeability rate below 540 Se Seeleyville muck 120 minutes per inch,including those listed at LB in Appendix A hereof. 541 Mk Millerville mucky peat h Soils with slow permeabilit}--soils which have a permeabihl}rate between 60 543 Ma Markey muck and 120 minutes per ouch,including those listed at ILB in Appendix A lher eof, 545 Ru Rondeau muck i.Soils with high shrink-swell potential-soils which are susceptible to changes in 551 Mk Millerville mucky petit Physical volume when moistened including those soils listed at 1 C'in Appendix A E.Very Steep Slopes—All soils grouped in the Anoka County Soil Survey in the hereof. slope classes D,E,and F. j.Soils with high frost action potential-soils which are susceptible to changes in 11.Soils with Marginal Limitations volume during periods of frost including those soils listed at i.D in Appendix A A.Wet Soils hereof. 1975 k.Ver stee slo es-slo es of over 18% includin all soils rou ed in Anoka Cla Class- County y P P P g grouped Class- Class- County Soil Survey Slope Classes D,E,F. ification ificalioh Name 1.Sleep slopes-slopes between 12 and 18%including all soils grouped in Anoka 85 Lh Lake beach County Soil Survey Slope Class C. 113 W'b Webster loam an,Soils with high side seepage potential-Souls of the fragipan nature including III Ge Glencoe loam those soils listed at ILD in Appendix A hereof. 123 Du Dundus loam 66.4 Restrictive Soils Permit 161H Kir Kratka loamy fine sand a.Except as hereinafter provided in Lhis Ordinance,no person shall perform any 162 Ln Lino loamy fine sand development in a Very Severe Limitation Soils District without first having ob 170 Bar Blomfordloamvfinesand tained a RESTRICTIVE SOILS PERMIT (hereinafter called permit) from the 185 I'll Lake beachesloaniy City of Lino Lakes 224 No Nowern sandy loam b.Any person intending to perform any developpment in a Marginal Limitation B.Slow Permeability Soils District shall be advised of this problem at llie time that the person appplies 113 WI) Webster loam for a Building Permit A stamp indicating the potential soils problei will h,at- 123 Du Dpndnaloam Cached to the building permit as a warning to and agreement by the land owner, 152 Kin Kingsley fine sandy loam c The person performing the development shall present soil borings, i percolation C.Soils with High Frost Action Potential test,and depth to water table determination by a professional engineer, egistered 544 Cb Calhro muck in the State of iylinne.sota and knowledgeable in soils and boil mechanicv for review D.Soils with High Side Seepage Potential and recommendation of special provisions to overcome soil hrnilahons.Any other 152 Kin Kingsley fine sandy loam qualified person or firn knowledgeable with Slate of Minnesota Department of 170 Bin Blonifordloamysand Health codes and;or regulations regarding percolation data and depth of water 179 I.g Langola Inamysand fable may perform such tests Such engineer or person or firm so qualified shall E Sleep Slopes prepare his or its findings and recommendalinns in writing,which shall be su6- mitled by the applicant to the City Clerk Treasurer.The provisions of this sub- All soils grouped in the Anoka County Soil Survey in the section shall apply to both subsections a. and b, above. The results of the tests slope class"C required by this subsection shall be recorded upon forms to be approved by the 66A2 EFFECTIVE DATE. City Council,which fornhs shall be sugFlied by the CityClerk-Treasurer and when This Ordinance shall be in full force and effect from and after its adoption and completed such forms shall be filed",it fill,,City Clerk-Treasurer.. publication as provided fly law, 665 Exceptions Passed by the City council of the City of Lino Lakes,Anoka County,Minnesota The permit requirements established h)thm Ordinance shall not apply to: this 8thdayof August,1977 n ] Emergency work necessary to presec life or property. When ATTEST emergency isi Edna L.Sarner /s/William t.Bohjanen work Is performed under this section, the person performing It shall report the pertinent facts relating In the work In the engincer (or City Building Inspector) Edna L.Sarner,Clerk-Treasurer William I.Bohjanen,Mayor prior to the commencement of the work.The City Engineer or City Building III- _i('iTY SEAL.) speclor shall review the facts and determine whether or not an emergency exists and shall, by written memorandum, authorize the commencement of the iPublishedin[lie ForesLLakeTinhes August 11.19771 cmergenry exec plinn_The person commencing emergency work shall, ithin ten , days fnllowing t ie commencement of that activity,apply for the issuanc e of a estrictive soils development permit and on the issuance thereof maybe required to perform such work as is determined to be reasonably necessary to fulfill the purposes of this Ordinance. 2.Development consisting of the corrective alteration,repair or maintenance of any lawful use of land existing on the date of adoptionof this Ordiance 66.6 Application for and Processing o[Permit a.A separate application fora permit shall be made to the City of Lino Lakes-for each development for which a permit is required except that only one application need be made for two or more such acts which are to be done contem ioraneously on the same parcel The application shall include a map of the site and delineation of the soils round in the site along with a plan and cost estimate of the proposed development and such other engineering data surveys and other information and material as the City may require in order to determine the effects of such development on the affected land and the suitability of the soils for said develop- ment When proposed development includes construction or alterations of structures,two sets of plans and specifications for such work shall be submitted with the application along with detailed drawings of any special foundation structures and/or special provisions for onsite sewage disposal. b The permit application shall be processed in accordance with the procedures specified for the processing of conditional or special use permits as set forth in Section 5.04 of Ordinance No 56,of the City of Lino Lakes,and the permit may be processed at the same lime and in connection with an application for a ouuoing permit or any other required permit to be granted by ordinance of the('try of Lino Lakes District Zoning Code,Ordinance No.56. 66.7 Permit Standards. a-No permit shall be Issued unless the CSLy of Lino Lakes finds and determines that the proposed development complies with the following requirements: 1 No on-site sewage disposal systems shall be permitted on very wet soils,soils with very slow permeability unless the permit ap fica'nt proves that a con- ventional soil system will be successfully modified, installed and maintained such that the restrictive conditions will be overcome 2. No commercial or industrial development shall be permitted on very steep slopes. 3.No residential development shall be permitted on very wet soils,soils with high shrink-swell or frost potential or very sleep slope unless the applicant proves the construction techniques capable of overcoming the restrictive condition will be utilized.