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FINAL ORDINANCE NO. 08-166
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FINAL ORDINANCE NO. 08-166
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iii. Increasing setbacks from the ordinary high water level; <br /> iv. Restoration of wetlands; <br /> v. Limiting vegetation removal and/or riparian vegetation restoration; <br /> vi. Provisions for the location, design, and use of structures, sewage treatment <br /> systems, water supply systems, watercraft launching and docking areas, and <br /> parking areas; and <br /> vii. Other conservation-designed conditions the zoning authority deems necessary. <br /> b. In evaluating plans to construct sewage treatment systems, roads, driveways, <br /> structures, or other improvements on steep slopes, conditions to prevent erosion and <br /> to preserve existing vegetation screening of structures, vehicles, and other facilities as <br /> viewed from the surface of public waters assuming summer, leaf-on vegetation shall be <br /> attached to permits. <br /> 4. Notifications to the Department of Natural Resources <br /> a. All notices of public hearings to consider variances, ordinance amendments, or <br /> conditional uses under shoreland management controls must be sent to the <br /> commissioner or the commissioner's designated representative at least ten days before <br /> the hearings. Notices of hearings to consider proposed subdivisions/plats must include <br /> copies of the subdivision/plat. <br /> b. All approved ordinance amendments and subdivisions/plats, and final decisions <br /> approving variances or conditional uses under local shoreland management controls <br /> must be sent to the commissioner or the commissioner's designated representative and <br /> postmarked within ten days of final action. When a variance is approved after the <br /> Department of Natural Resources has formally recommended denial in the hearing <br /> record, the notification of the approved variance shall also include the summary of the <br /> public record/testimony and the findings of facts and conclusions which supported the <br /> issuance of the variance. <br /> c. Any request to change the shoreland management classification of public waters <br /> must be sent to the commissioner or the commissioner's designated representative for <br /> approval, and must include a resolution and supporting data as required by Minnesota <br /> Rules, part 6120.3000, subp.4. <br /> d. Any request to reduce the boundaries of shorelands of public waters must be sent to <br /> the commissioner or the commissioner's designated representative for approval. The <br /> boundaries of shorelands may be reduced when the shoreland of water bodies with <br /> different classifications overlap. In these cases, the topographic divide between the <br /> water bodies shall be used for adjusting the boundaries. <br /> 5. Subsurface Sewage Treatment System Certificate of Compliance. A certificate of <br /> compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required <br /> whenever a permit or variance of any type is required for any improvement on or use <br /> of the property. A sewage treatment system shall be considered compliant if the only <br /> deficienct is the system's improper setback from the ordinary high water level. <br /> SECTION 2. Effective Date. This ordinance shall become effective immediately upon <br /> adoption and publication in the official newspaper of the City of Lake Elmo. <br /> SECTION 43 Adoption Date. This Ordinance 08- (Wowas adopted on this 1�" day of NW61 <br /> 2017, by a vote of 41 Ayes and (_�, Nays. <br /> 15 <br />
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