Subsection 350.1200 - SHORELAND MANAGEMENT
350.1205 Authorization and Policy - Shoreland Management.
Subd. 1. Authority. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
Subd. 2. Purpose. The uncontrolled use of the shorelands of the City of Mound affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Mound.
350.1210 General Provisions - Shoreland Management.
Subd. 1. Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Subsection 350.1220 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the City of Mound, be exempt from this ordinance.
Subd. 2. Compliance. The use of any shoreland or public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations.
350.1215 Department of Natural Resources Notifications - Shoreland Management.
Subd. 1. Hearing Notices. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
Subd. 2. Final Decisions. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the Board of Adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
350.1220 Shoreland Classification System and Land Use Districts - Shoreland Management.
Subd. 1. Shoreland Classification System. The public waters of the City of Mound have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota.
A. The shoreland area for the waterbodies listed in Subsection 350.1220, Subd. 1.B. shall be as defined in Subsection 350.310, Subd. 121, and as shown on the Official Zoning Map.
B. Lakes
1. Recreational Protected Waters
Development Lakes Inventory I.D.#
Dutch Lake 27-181P
Lake Langdon 27-182P
2. General Protected Waters
Development Lakes Inventory I.D.#
Lake Minnetonka 27-133P
Lost Lake 27-180
3. Natural Protected Waters
Environment Lakes Inventory I.D.#
Saunders Lake 27-185
(in Minnetrista)
Subd. 2. Land Use District Descriptions. Within the shoreland area, land use decriptions and allowable land uses therein shall be as identified in Subsections 350.640 and 350.670. Public, semi-public, commercial and industrial uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal OHWL setback or be substantially screened from view from the water by vegetation or topography, assuming summer leaf-on conditions. (ORD. 69-1994, 8-29-94)
350.1225 Zoning - Shoreland Management.
Subd. 1. Lot Area and Width Standards. The lot area and width standards for residential, commercial and industrial lots within the shoreland area shall be as found in the applicable sections of the Mound Zoning Code except R-1, R-1A, and R-2 lots shall be as follows:
A. Lot Area
1. Lakeshore Lots
a. All new single-family detached lots in the R-1, R-1A, and R-2 districts created by subdivision must have a minimum lot area of 10,000 square feet. All new two-family and twinhomes in the R-2 district created by subdivision must be located on lots having a minimum area of 17,500 square feet.
b. All lots in the R-1 district separated through waiver of platting, as defined in Mound City Code Section 330.10(B), must have a minimum lot area of 10,000 square feet.
c. All single-family detached lots in the R-1A and R-2 districts separated through waiver of platting, as defined in Mound City Code Section 330.10(B), must have a minimum lot area of 6,000 square feet. All two-family and twinhomes in the R-2 district separated through waiver of platting, as defined in Mound City Code Subsection 330.10(B) must be located on lots having a minimum area of 14,000 square feet. (ORD. 03-2007, 2/25/07)
2. Non-Lakeshore Lots
a. All new lots in the R-1 district created by subdivision must have a minimum lot area of 10,000 square feet.
b. All new single-family detached lots in the R-1A and R-2 districts created by subdivision must have a minimum lot area of 6,000 square feet. All new two-family and twinhomes in the R-2 district created by subdivision must be located on lots having a minimum area of 14,000 square feet.
c. All lots in the R-1 district separated through waiver of platting, as defined in Mound City Code Section 330.10(B), must have a minimum lot area of 10,000 square feet.
d. All lots in the R-1A and R-2 districts separated through waiver of platting, as defined in Mound City Code Section 330.10(B), must have a minimum lot area of 6,000 square feet. all two-family and twinhomes in the R-2 district separated through waiver of platting, as defined in mound City Code 330.10(B), must be located on lots having a minimum lot area of 14,000 square feet.
B. Lot Width
1. Lakeshore Lots
a. All single-family detached lots in the R-1A and R-2 districts shall be at least fifty (50) feet in width. All two-family and twinhome lots in the R-2 district shall be at least 90 feet in width.
2. Non-Lakeshore Lots
a. All single-family detached lots in the R-1A and R-2 districts shall be at least forty (40) feet in width. All two-family and twinhome lots in the R-2 district shall be at least 80 feet in width. (ORD. 03-2007, 2/25/07)
Subd. 2. Redevelopment of Existing Lot of Records. This subdivision shall not be construed to allow the creation of a new, non-conforming buildable lot or a non-conforming lot from previously conforming lot.
Existing developed lots of records which are in separate ownership from abutting lands can be redeveloped as long as the requirements of Section 350.420, Non-Conforming Uses, are met.
If, in a group of two or more contiguous lots under the same ownership, any existing vacant lot or existing developed lot; (i) is smaller than 6,000 square feet and such lot is proposed to be sold, or is proposed to be developed for a single-family detached home, or (ii) is smaller then 14,000 square feet and such lot is proposed to be developed for a two-family or twin home (either before of after sale), then the lot must be combined with the one or more contiguous lots under the same ownership so that each lot has a minimum lot area equal to 6,000 square feet if (i) is applicable or 14,000 square feet if (ii) is applicable. (ORD. 19-2006, 10/29/06) (ORD. 03-2007, 2/25/07)
Subd. 3. Additional Special Provisions. Subdivisions with dwelling unit densities exceeding those in Subsections 350.620, Subd. 2; 350.625, Subd. 2; 350.630, Subd. 2 & 3; and 350.635, Subd. 3 can only be allowed if designed and approved as Planned Development Areas (PDA) under Subsection 350.1235 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lots of record must meet lot width standards at the building setback line. Lots created after January 1993 must meet lot width standards at both the building setback line and at the ordinary high water level.
Subd. 4. Placement, Design, and Height of Structures.
A. Placement of Structures on Lots. When more than one setback applies to a parcel, structures and facilities must be located to meet all setbacks. Structures shall be located as follows:
1. Structure Setbacks from Ordinary High Water Level*
Lake Classification Required Setback*
Natural Environment 50 feet
Recreational Development 50 feet
General Development 50 feet
* Water-oriented accessory structures designed in accordance with Subsection 350.1225, Subd. 3. B. of this Ordinance may be set back a minimum of 10 feet from the ordinary high water level.
* Retaining walls, fences and docks are allowed subject to other governing provisions within the required 50 foot setback area.
2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody:
Setback From: Setback
Unplatted Cemetery 50 feet
Right-of-way line of federal,
state or county highway or
local street 20 feet
Top of Bluff:
Existing lots of record or lots created through Minor Subdivisions (3 lots or less) consistent with Subsection 330.20, Subd. 1 of the City Code - 10 feet
Major Subdivisions consistent with Subsection 330.20, Subd. 2 of the City Code - 30 feet
(ORD. #69-1994, 8-29-94)
3. Bluff Impact Zones. Stairways and landings shall be allowed within bluff impact zones. Other structures and accessory facilities shall be required to observe a ten (10) foot setback from the Top of the Bluff.
B. Design Criteria For Structures.
1. High Water Elevations. Structures must be placed in accordance with floodplain regulations applicable to the site.
2. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure on private lakeshore not meeting the normal structure setback in Subsection 350.1225, Subd. 3.A.1. of this ordinance if the water-oriented accessory structure complies with the following provisions:
a. An at-grade deck is allowed providing that it does not occupy an area greater than 250 square feet and must not exceed thirty (30) inches above grade at any point.
b. A lock box is allowed providing that it does not have a total floor area exceeding twenty (20) square feet and does not exceed four (4) feet in height. Where possible, lock boxes shall be positioned such that the narrowest side of the structure is parallel to the ordinary high water line.
c. The setback of water-oriented accessory structures from the ordinary high water level must be at least ten feet.
d. Water-oriented accessory structures must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.
3. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements:
a. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned development areas.
b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned development areas.
c. Canopies or roofs are not allowed on stairways, lifts, or landings.
d. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
e. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that they comply with the dimensional and performance standards of subitems (a) to (e) in addition to the requirements of Minnesota Regulations, Chapter 1340.
4. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been collected and documented in a public repository. Proposed uses or structures in or around significant historic sites shall be subject to the provisions of Minnesota State Statutes including but not limited to M.S. 307.08.
5. Steep Slopes. The Building Official and/or City Engineer will evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions will be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
Subd. 5. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
A. Vegetation Alterations.
1. Removal of vegetation necessary for the construction of structures and the construction of roads and parking areas regulated by Subsection 350.1225, Subd. 5 of this ordinance is exempt from the vegetation alteration standards that follow.
2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Subsections 350.1225, Subd. 7 B. and C., is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
b. In shore and bluff impact zones and on steep slopes on private property, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
(1) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
(2) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
B. Topographic Alterations/Grading and Filling.
1. Grading, filling and excavations necessary for the construction of structures and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit.
2. Public roads and parking areas are regulated by Subsection 350.1225, Subd. 5 of this ordinance.
3. Notwithstanding Items 1 and 2 above, a grading and filling permit will be required for:
a. The annual movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
b. The annual movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:
(1) Sediment and pollutant trapping and retention.
(2) Storage of surface runoff to prevent flood damage.
(3) Fish and wildlife habitat.
(4) Recreational use.
(5) Shoreline or bank stabilization.
(6) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.
d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
f. Fill or excavated material must not be placed in a manner that creates an unstable slope.
g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater.
h. Fill or excavated material must not be placed in bluff impact zones with the exception of repairs due to erosion or other natural occurrences.
i. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, Section 105.42.
j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
5. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors are subject to the requirements of this ordinance. Permission for excavations may be given only after the City of Mound has received notification that the Commissioner of Natural Resources has approved the proposed connection to public waters.
Subd. 6. Shoreland Management - Placement and Design of Roads, Driveways, and Parking Areas.
A. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided identifying that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the standards and regulations of the Minnehaha Creek Watershed District or other applicable agencies.
B. Roads, driveways, and parking areas must meet structure setbacks. Such facilities shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
C. Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met.
Subd. 7. Shoreland Management - Stormwater Management. The following general and specific standards shall apply:
A. General Standards:
1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used.
B. Specific Standards:
1. Impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted by a maximum of 40 percent providing that the following techniques are utilized as applicable.
a. Impervious areas should be drained to vegetated areas or grass filter strips through the use of crowns on driveways, direction of downspouts on gutters collecting water from roof areas, etc.
b. Dividing or separating impervious areas into smaller areas through the use of grass or vegetated filter strips such as the use of paving blocks separated by grass or sand allowing infiltration.
c. Use grading and construction techniques which encourage rapid infiltration such as the installation of sand or gravel "sump" areas to collect and percolate stormwater.
d. Install berms to temporarily detain stormwater thereby increasing soil absorption.
(ORD. #69-1994, 8-29-94)
2. Impervious surface coverage in lots in the business and industrial zones shall not exceed 30 percent of the lot area. In business and industrial zones that are included within areas covered by an approved stormwater management plan, impervious surface coverage shall not exceed 75 percent of the total lot area.
3. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the standards and regulations of the Minnehaha Creek Watershed District.
4. New stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
Subd. 8. Shoreland Management - Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural and Forestry.
A. Standards for Commercial, Industrial, Public, and Semipublic Uses. Surface water-oriented and non-surface water oriented commercial uses and industrial, public, or semipublic uses may be located on parcels or lots with frontage on public waters. Such uses must meet the following standards:
1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.
2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.
b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.
c. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
B. Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
C. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."
350.1230 Nonconformities and Conditional Uses - Shoreland Management.
Subd. 1. Nonconformities. All legally established nonconforming uses and structures shall be subject to the provisions of Subsection 350.420.
Subd. 2. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in Subsection 350.525. The following additional evaluation criteria and conditions apply within shoreland areas:
A. Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:
1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction.
2. The visibility of structures and other facilities as viewed from public waters is limited.
3. The site is adequate for water supply and public sewage treatment.
4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
B. Conditions attached to conditional use permits. The City of Mound, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:
1. Increased setbacks from the ordinary high water level.
2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted.
3. Special provisions for the location, design, and use of structures, watercraft launching and docking areas, and vehicle parking areas.
350.1235 Planned Development Areas (PDA) - Shoreland Management.
Subd. 1. Planned Development Areas (PDA). Planned Development Areas are allowed in shoreland areas subject to the provisions of Subsection 350.460 and subject to the additional provisions contained herein.
Subd. 2. Site "Suitable Area" Evaluation. Proposed new or expansions to existing planned development areas must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit density evaluation in Subsection 350.1235, Subd.3.
A. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
Shoreland Tier Dimensions (feet)
General Development Lakes - first tier 200
General Development Lakes - second and additional tiers 267
Recreational Development Lakes 267
Natural Environment Lakes 320
B. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.
Subd. 3. Residential PDA Density Evaluation. The procedures for determining the "base" density of a PDA and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer.
The suitable area within each tier is divided by the single residential lot size standard (10,000 sq. ft.). Proposed locations and numbers of dwelling units or sites for the residential planned development areas are then compared with the tier, density, and suitability analyses herein and the design criteria in Subsection 350.1235, Subd. 4.
Subd. 4. Density Increase Multipliers. The following density increase multipliers shall apply.
A. Increases to the dwelling unit base densities previously determined are allowable if the dimensional standards in Subsection 350.1225 are met or exceeded and the design criteria in Subsection 350.1225, Subd.5 are satisfied. The allowable density increases in Item B. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the City of Mound and the setback is at least 25 percent greater than the minimum setback.
B. Allowable Dwelling Unit Increases for Residential Planned Development Areas:
Maximum Density
Density Increase within
Evaluation Tiers Within Each Tier (percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
Subd. 5. Maintenance and Design Criteria.
A. Maintenance and Administration Requirements.
1. Before final approval of a planned development area, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
2. Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
a. Commercial uses are prohibited.
b. Vegetation and topographic alterations other than routine maintenance are prohibited.
c. Construction of additional buildings or storage of vehicles and other materials is prohibited.
d. Uncontrolled beaching of watercraft is prohibited.
3. Development Organization and Function. Unless an equally effective alternative community framework is established, all residential planned development areas must use an owners association with the following features:
a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.
b. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units.
c. Assessments must be adjustable to accommodate changing conditions.
d. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
B. Open Space Requirements. Planned unit developments must contain open space meeting all of the following criteria:
1. At least 50 percent of the total project area must be preserved as open space.
2. Dwelling units, road rights-of-way, or land covered by road surfaces, parking areas, or other structures, are developed areas and shall not be included in the computation of minimum open space.
3. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests, and by the general public.
5. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
6. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PDA's, at least 70 percent of the shore impact zone area must be preserved in its natural or existing state.
C. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PDA must:
1. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.
2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within the first tier must not exceed 30 percent of the tier area and the impervious surface coverage of the entire PDA must not exceed 30 percent.
D. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards:
1. Dwelling units must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Subsection 350.1235, Subd.4 of this ordinance for developments with density increases.
2. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors.
3. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
4. Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized.
5. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subsection 350.1225, Subd. 3 of this ordinance and are centralized.