598.100. - Protection of natural features.
(a) In general. All subdivision development shall be located so as to preserve the natural features of the site, to avoid areas of environmental sensitivity, to minimize the creation of impervious surface area, to contribute to ecological function, and to minimize negative impacts on and the alteration of the natural environment. The following specific areas shall be preserved as undeveloped open space, to the extent consistent with the reasonable utilization of land, and in accordance with applicable federal, state or local regulations:
(1) Lands within fifty (50) feet of a protected water, as governed by the SH Shoreland Overlay District.
(2) Lands within primary conservation areas, bluff setbacks, and ordinary high water level (OHWL) setbacks, as governed by the MR Mississippi River Corridor Critical Area Overlay District.
(3) Wetlands. It is in the public interest to achieve no net loss in the quantity, quality, and biological diversity of existing wetlands, and to increase the quantity, quality, and biological diversity of wetlands by restoring or enhancing diminished or drained wetlands. No development, grading, alteration of the natural character of the land, or construction of structures, roadways or other impervious surfaces, shall occur within fifty (50) feet of any vegetated wetland, including wetlands as defined in section 404, Federal Water Pollution Control Act Amendments of 1987 or the Minnesota Wetland Conservation Act of 1991, as governed by the SH Shoreland Overlay District.
(4) Significant trees or plant communities including remnant stands of native trees or remnant prairie grasses, trees or plant communities that are rare to the area or of particular horticultural or landscape value, or trees with a diameter at breast height of twelve (12) inches or larger.
(5) Steep slope areas. The applicable provisions of Chapter 535, Overlay Districts, shall apply to lands within the SH Shoreland and MR Mississippi River Corridor Critical Area Overlay District. Development outside the SH Shoreland and MR Mississippi River Corridor Critical Area Overlay District shall avoid placement of structures, parking lots or other impervious surfaces on slopes of eighteen (18) percent or greater, and the necessity to alter such slopes for purposes of construction. Where development does occur on such steep slope areas greater than ten (10) feet in height, such development shall be subject to the following conditions:
a. The foundation and underlying material shall be adequate for the slope condition and soil type.
b. The development shall present no danger of falling rock, mud, uprooted trees or other materials.
c. The development shall include adequate provision for stormwater runoff and temporary and permanent erosion and sedimentation control.
d. The developed slope shall be visually consistent with surrounding architectural and natural features.
(6) Habitats of threatened or endangered wildlife, as identified on federal or state lists, including the federal Endangered Species Act, and the Minnesota County Biological Survey.
(b) Mitigation. Where preservation is not consistent with the reasonable use of land, the city may require mitigation through replacement of the resource or similar resource on the site, restoration of former natural amenities to the site, or other reasonable measures to mitigate the effects of the subdivision and protect or enhance the natural features of the land.
(Ord. No. 2020-069, § 1, 12-18-2020; Ord. No. 2023-033, § 1, 5-25-2023)