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whichever is more restrictive; and <br /> 4. The deck is constructed primarily of wood and is not roofed or screened. <br /> (3) Nonconforming sewage treatment systems. <br /> (a) A sewage treatment system not meeting the requirements of § 1102.11 of this chapter must be <br />upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, <br />or use of, the property. For the purposes of this provision, a sewage treatment system shall not be <br />considered nonconforming if the only deficiency is the sewage treatment system's improper setback from <br />the ordinary high water level. <br /> (b) The governing body of the city has by formal resolution notified the commissioner of its program <br />to identify nonconforming sewage treatment systems. The city will require upgrading or replacement of any <br />nonconforming system identified by this program within a reasonable period of time which will not exceed <br />two years. Sewage systems installed according to all applicable local shoreland management standards <br />adopted under M.S. § 103F.211, as it may be amended from time to time, in effect at the time of installation <br />may be considered as conforming unless they are determined to be failing, except that systems using <br />cesspools, leaching pits, seepage pits or other deep disposal, method or systems with less soils treatment <br />area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter <br />7080 for design of on-site sewage treatment systems shall be considered nonconforming. <br />(Ord. 04-95, passed 4-10-1995) <br />§ 1102.09 SHORELAND ALTERATIONS. <br /> Alterations of vegetation and topography in the Shoreland Overlay District will be regulated to prevent <br />erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent <br />bank slumping, and protect fish and wildlife habitat. <br /> (1) Vegetation alterations. <br /> (a) Vegetation alteration necessary for the construction of structures, sewage treatment systems, uses <br />permitted in the underlying zoning district and the construction of roads and parking areas regulated by <br />division (3) below of this chapter are exempt from the vegetation alteration standards that follow. <br /> (b) Removal or alteration of natural vegetation, except for agricultural and forest management uses as <br />regulated in § 1102.10, shall be restricted to prevent erosion into protected waters, to consume nutrients in <br />the soil and to preserve shoreland aesthetic. Removal of natural vegetation in the Shoreland Overlay <br />District is allowed subject to the following standards. <br /> 1. Clear cutting of natural vegetation is prohibited. <br /> 2. Limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to <br />provide a view to the water from the principal dwelling site and to accommodate the placement of stairways <br />and landings, picnic areas, access paths, beach and watercraft access areas and permitted water-oriented <br />accessory structures or facilities, provided that: <br /> a. The screening of structures, vehicles or other facilities as viewed from the water, assuming <br />summer, leaf-on conditions, is not substantially reduced; <br /> b. Along rivers, existing shading of water surfaces is preserved; and <br /> c. The above provision is not applicable to the removal of trees, limbs or branches that are dead, <br />diseased or pose safety hazards.