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HomeMy WebLinkAboutAugust 18, 200316200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Introductions (Mayor Haugen) Dinner 3 4 5 6 7 8 Bluffs ~ Definition and Other Regulations ~ Purpose / Objective => Consistency of Prior Lake and DNR Requirements ~ Suggestions for Improved Effectiveness Direction from Council (If Any) Docks Existing DNR Regulations Current Circumstances Options Available to City Implications of No Action Direction from Council (If Any) Other Business~ Adjourn (6:55pm) ~ Please note that the City Council reserves the right to add or delete items from the agenda based upon time availability. www.cityofprioflake.corn Phone 952.447.4230 / Fax952.447.4245 Menlo To: Frank Boyles, City Manager From: Jane Kansier, Planning Coordinator Re: Joint City Council/Planning Commission/Lake Advisory Workshop Date: August 11,2003 CC: DRC Members On Monday, August 18, 2003, the City Council, the Planning Commission and the Lake Advisory Commission will meet with representatives of the Department of Natural Resources to discuss issues pertaining to shoreland management. Specifically, these issues relate to bluffs and docks. I have compiled some information that may be useful at that meeting. I believe the DNR representative will also be prepared to make some sort of presentation. Attached is the following: 1. Excerpts from the Zoning Ordinance, including: Definition of a bluff, toe of bluff, top of bluff, and bluff impact zone; · Sections 1104.303, 1104.304 and 1104.304, detailing the specific regulations pertaining to bluffs; · Section 1104.307 (3), identifying the Zoning Ordinance regulations for homeowners' associations mooring facilities; · Section 1104.308 (1), containing the setback requirements for docks. 2. Information from the DNR website summarizing the rule changes relating to docks and some sample local ordinances. 3. A list of the existing DNR permits for madnas on Pdor Lake. 1:\03 flies\03 subject~docks\workshop memo.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BLUFF DEFINTIONS Zoning Code Alley. A public right-of-way, with a width not exceeding 24 feet nor less than 12 feet which affords a secondary means of access to property abutting the alley. Alteration. Any change, addition, or modification in construction or occupancy of an existing structure or modification to the surface of the ground. Antenna. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Basement. That portion of the building having more than 1/2 of the ground floor-to- ceiling height below the average grade of the adjoining ground. Berm. A land alteration where fill is added to the surface of the ground in order to create an earthen mound or hill generally used in oonjunction with walls, fences, or plant materials to screen or insulate one parcel of land from another or from a street. Block Front. The distance between intersections along one side of a street. Bluff. A topographic feature such as a hill, ciff, or embankment having the following characteristics: > Part or all of the feature is located in a Shoreland area; May 1, 1999 City of Prior Lake llO1/p8 ~. The slope rises at least 25 feet above the ordinary high water level of the water body; ~' The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or more; and > The slope must drain toward the water body. Toe of the Bluff. The lower point of a 50 foot segment with an average slope exceeding 18%. Top of the Bluff. The highest point of the slope, as measured from the toe of the bluff, where the grade becomes less than 30%. Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff. BLUFF AND BLUFF IMPACT ZONE .,... ,.p.,.t z?.o Bluff (81op~- 30% or Greater) Bluff Boardinghouse. A building other than a motel or hotel where for compensation or by prearrangement for definite periods, meals or lodging are provided for 3 or more persons, but not to exceed 8 persons. Boathouse. A structure used solely for the storage of boats or boating equipment. Boulevard. That portion of a street right-of-way between the curb line and property line. Bufferyard. An area of land established to protect and screen one type of land use from another land use that is incompatible. Normally, the area is landscaped ard kept in open space use. Screening techniques include the addition of vertical elements such as fences, walls, hedges, berms, or other features to mitigate the effects of incompatible land uses. May 1, 1999 City of Prior Lake llOl/p9 BLUFF REGULATIONS Zoning Ordinance (4) Setback Requirements: Natural Recreational General Tributary Development Development Development Development Lakes Lakes Lakes Lakes Structure height setback 150 75 75 75 from OHW (feet) Unplatted Cemetery (feet) 50 50 50 50 Structure height 35 35 35 35 limitation (feet) 1104.303 1104.304 Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, shall not be placed in bluff impact zones. Bluff Setbacks: The required setback from the Top of Bluff is determined as follows: as measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%. BLUFF SETBACK ' ! Qty of Prior Lake May 1, 1999 1104/p6 1104.305 (1) (2) (3) 1104.306 (2) Zoning Ordinance En.qineerincl Reports Required: On properties determined to have a bluff, the applicant for a building permit and the property owner shall provide the following: The applicant for a building permit on that property shall provide a report prepared and signed by a professional engineer registered by the State of Minnesota on the impact any excavation, fill or placement of structures will have on the site and whether the excavation, fill or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The report shall also include the engineer's recommendations so the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater runoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation. The owner of the property shall provide certification from a professional engineer registered by the State of Minnesota that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer's report have been adhered to. The Building Official, the Planning Director and the City Engineer may waive the engineer's report requirement for replacement decks, new decks or additions to existing decks, and additions or new structures not exceeding 480 square feet in size under all of the following conditions: An inspection of the site does not indicate any obvious erosion conditions. There is no history of bluff failure on the site or on the adjacent lots. All required setbacks are met. Impervious Surface Coverage: Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area, except as provided in the following sections. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application, according to the definitions of impervious surface as listed in subsection 1101.400. An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake Storm Water Management Plan and approved by the City Engineer. In all "C" and "1" Use Districts and for Park/Recreation uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed May 1, 1999 Cit~ of Prior Lake 1104/p7 MOORING FACILITIES & (3) Each building must be set back at least 200 feet from the ordinary high-water level; Each dwelling unit must be separately served by public utilities, none of which are shared; Watercraft docking units must be separately served by public utilities, none of which are shared; No more than 25% of a lake's shoreline can be in duplex, triplex or quad developments. Lots intended as controlled access to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible and must meet or exceed the following standards: The lot must meet the lot width and area requirements for residential lots, and be suitable for the intended uses of controlled access lots: If docking, mooring, or over-water storage of more than 6 watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond 6, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of Lake Size To Shore Required Increase In Length (Acres/Mile) Less than 100 100 - 200 201 - 300 301 - 400 Greater than 4~0 Frontage (Percent) 20 15 10 5 The lot used for controlled access to public waters or as a recreation area must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lots; and do Covenants or other equally effective legal instruments must be developed and recorded that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants must also include other outdoor recreational activities that do not significantly conflict with general public use of the City of Prior Lake M~/, ~ 1104/p9 'T; ? ! Zoning Ordinance 1104.308 · (1) (2) public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. Placement, Design, And Height Of Structures: Piers And Docks: Setback requirements from the ordinary high-water mark shall not apply to piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations. Setback Requirements For Residential Structures: On shoreland lots that have 2 adjacent lots with existing principal structures on both such adjacent lots, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water mark or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. In cases where only one of the two lots adjacent to an undeveloped shoreland lot has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. Setback averaging may not be utilized when an undeveloped shoreland lot is adjacent to two other undeveloped shoreland lots. In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone. (amd. Ord. 99-18 - pub. 11/15/99) The following shall not be considered encroachments into the lakeshore or bluff setback: Yard lights and nameplate signs for one and two family dwellings in the R-l, R-2 and R-3 districts. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of subsection 1107.1800. Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. The following shall not be encroachments on front yard requirements: > Awnings and door hoods which extend 5 feet or less into the required front yard. Cit~ of Prior Lake May ], ]g<~) l104/plO Changes to Docks Rules - Public Waters Work Permits Program - Division of Waters: Mi... DNR WEBSlTE S~'~at~[~on~t~aca~th~% DNR I ewsroom MN DNR Home > Waters > Water Management > Public Waters Work Perrm~ > State Rule Changes Relating to Docks, Moorings, and Commercial Marinas Page 1 of 2 Public Waters Work Permits Program Program Information On October 14, 2002, revised rules governing the Department of Natural Resources' Public Waters Work Permit Program went into effect. These rule changes will affect how docks, moorings and commercial marinas are regulated by DNR Waters under this program. The former rule language that required riparian property owners to obtain a DNR permit for any mooring of five or more watercraft has been replaced. A public waters work permit will now only be required if either or both of the following apply: PWI maps Water law basics History of water protection Permit requirements Permit applications Enforcement & public hearings The structure is a marina (has commercial services). The structure is more than 8 feet in~idth. The DNR's rules for docks and mooring facilities focus on allowing structures that are consistent with or allowed under local land use controls. The pertinent rule language governing these types of structures is found in Minnesota Rules, 6115.0210, Subp. 4.A. The rule changes will place a greater reliance upon local zoning officials to implement and enforce land use controls that address the increased demand for or interest in watercraft mooring. Existing provisions in Minnesota Statutes, Sections 86B.205 and 459.20 provide the authority to counties and cities to regulate the construction of permanent and temporary docks, moorings and commercial marinas. Several communities have akeady adopted changes to their local land use controls that have been designed to address specific community interests and watercraft user needs. Division of Waters Waters Home Page Programs: What we do Contact us Permits Water resources data Forms Publications This web page provides the following examples of locally adopted ordinance language regarding watercraft mooring. While not exhaustive, the examples fi:om three Minnesota cities are meant to illustrate the possibilities should other counties or cities identify the need to address the potential proliferation of docks, mooring spaces and marinas in their communities where Water education (Project WET) Water Statutes and Rules External links http://www~dnr~state~mn~us/waters/watermgrnt-secti~n/pwpermits/d~cks-ru~es-changes.htm~ 6/4/2003 Changes to Docks Rules - Pubhc Waters Work Permits Program - Division of Waters: Mi... Page 2 of 2 land use decisions have been made on adjoining riparian properties: · City of Pequot Lakes · City of Lake Shore · City of East Gull Lake In addition, the following conservation districts have language in their ordinances addressing watercraft-mooring issues: · Lake Minnetonka Conservation District · White Bear Lake Conservation District Back to top Main Categories: Outdoor Activities I Regulations, Licenses, Permits [ Natural Resources [ Education & Safety I About the DNR I Maps I Publications [ Employment ] Volunteering I Technical & Financial Assistance I Public Input © 2003 Minnesota Department of Natural Resources. Copyright Notice. Web site policies: Accessibility, Linking, Privacy http ://www~dnr~state~mn~us/waters/watermgmt-secti~n/pwpermits/d~cks-ru~es-changes.htm~ 6/4/2003 SECTION 25.065 Docks A. Definition: "Dock" means a narrow platform whether seasonaJ or permanent extending waterward from the shoreline intended for ingress end egress for moored watercraft or to provide access to deeper water for swimming, fishing or other water-oriented recreational activities. Elements considered part of a dock are storage lockers less then three feet in height measured from the platform of the dock and benches. Bements not pertinent to a dock that are prohibited include wells, railings or fences attac~hed to the dock. B. Dock Length "Dock Length" shall be measured from the Crdinary High Water Mark on a line parallel to the property sidelines as extended into the lake. C. Docks Requiring a ConditionaJ Use Permit Dock permits may be required from the ~nnesota Department of Naturel Resources, the Corps of Engineers or other entities with jurisdiction. a. Docks over seventy-five (75) feet in length in wetlands located below the ordinary high water mark except seasonal doct<s in existence and used within the preceding twelve months prior to the effective date of this Ordinance. b. Decks within ten (10) feet of a line parallel to the property sidelines. c. Decks which provide more than two siips and serve more than one property. ORDINANCE NO. 2001-01, SECOND SERII~.q AN ORDINANCE AMENDING CITY CODE, CHAPTER 4 FOR TItE CITY OF LAI~ SHORE COUNTY OF CA~S, STATE OF MINNESOTA The City of Lal~ Shore ordains: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to amend the City Code to clarify and define the use of docks in public waters which include areas with marginal shoreline and wetlands located below the ordinary high water mark. It is the City's intent to have riparian property owners use common dock facilities whenever feasible in these marginal areas while being cognizant of the riparian fights extended to the Ordinary Low Water Mark. In addition, the DNR and Corps of Engineers may require permits for dock facilities. Section 2. Amenthnents. Chapter 4, Section 4.3.2 and Section 4.5.6 shall be amended by the addition of the following: 4.3.2 Definitions Dock. "Dock" means a narrow platform whether seasonal or permanent extending waterward from the shoreline intended for ingress and egress for moored watercraft or to provide access to deeper water for swimming, fishing, or other water-0fiented recreational activities. Elements considered part of a dock are storage lockers less than three feet in height measured from the platform of the dock and benches. Elements not pertinent to a dock that are prohibited include walls, railings or fences attached to the dock. Dock Length. Dock length shall be measured from the Ordinary High Water Mark on a line parallel to the property sidelines as extended into the lake. A property owner may have more than one dock on residential property. 4.5.6 Residential, Medium Density R-2 (Shoreline) (3) Conditional Uses Docks over 200 feet in length in wetlands located below the ordinary high water mark except seasonal docks in existence and used within the preceding twelve months prior to the effective dated of this ordinance. Docks within I0 feet of a line parallel to the property sidelines. Docks, which provide more than two slips and serve more than one property. Section 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to state law. Section 4. Repeal, This ordinance shall repeal all ordinances or sections or the City Code inconsistent herewith. Passed by the City Council this 23~ day of January, 2001 by the statutorily 4/5~h vote of said Council. /signed/ Donald McFarland, Mayor City of Lake Shore /signed/ Angie Davis, City Clerk City of Lake Shore T~ T A. Docks. The landward end of ail docks must meet a 10 foot se{back from the nearest lot line. Docks must be placed so that no portion of the dock, including "L" extensions or additions, and no accessory or ancillary structures or equipment (including mooring buoys, boat lifts, shore trackers or swimming platforms), extends across the projection of the setback from the lot line into the lake. Docks must aiso be places so as not to block access from an adjacent property to open water. The storage of ail docks, and ail watercraft or water oriented items shail aiso be subject to this property setback rule. Notwithstanding any provision of this section to the contrary, the 10-foot setback for docks shail not apply to the extent nece~__~_ry to ailow ingress or egress of a pre-existing boat house. This Ordinance shail apply to the use, maintenance and instailation of any dock and acc__~__ry or andllary structures or equipment at any time. AJSO of interest in this regard is the definition of a Marina, which requires a CUP. Marina. A dock or set of docks on a single parcel that contaJns more than seven watercra~'t or more watercraft than first tier dwelling units, whichever is greater. Dock Use Area Page 1 of 4 Lake Minnetonka Conservation District Lake Mlnnetonka Conservation District 18338 Mlnnetonka Blvd. AUTHORTZED Deephaven, MN 55391 Phone: 952-745-0789 DOCK USE AREA Fax: 952-745-9085 ImcdOImcd.org About Us MeetinGs Rules & ReGulations ADDIications Exotics The following is a Synopsis of the LMCD dock and boat storage rules for residential properties. For a full copy of the rules please see Chapter 2 of the LMCD Code or call the LMCD office. Reports Contact Us Links Site MaD No person shall use any area of the lake outside an authorized "dock use area (DUA)", for docks, moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless specifically permitted. Leaal Disclaimer DUA Length (measured from the 929.4 NGVD) The length of a dock use area is equal to the property shoreline length with a maximum of 100 feet. Sites in existence on February 5, 1970 with lake frontage of 40 - 60 feet may have a dock extending up to 60 feet into the lake. Sites 40 feet or less may extend to reach a water depth of 4 feet (not to extend beyond 60 feet). DUA Width portion within setbacks measured from extended side property lines into the lake. For that portion of the length or the authorized dock use area which extends from the shore: 0 - 50 foot 50 - 100 foot Jl lo foot setback Il '15 foot setback Canopies require a 20 foot setback from the extended property line. Side opening slip (Boat parked parallel to shore) setback shall be at least http://www.lmcd.org/pages/dock_use_area.htm 6/4/2003 Dock Use Area Page 2 of 4 equal to the slip depth (not less than 20 feet). Lots with 50 feet or less of shoreline in existence on February 2, 1970, need a 5 foot setback. Dock Structure May not exceed 6 feet in width. Permanent docks require a permit from the LMCD. Example of Dock Use Area http://www.lmcd.org/pages/dock_use_area.htm 6/4/2003 Dock Use Area Page 3 of 4 Deck 1J,.,e ' L.an~ Watercraft Density Restrictions No person shall use any area of the lake outside an authorized dock use area, for docks, moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless specifically permitt R~stricted Watercraft Definition any boat or vessel for use on or stored on the public waters of the Lake except for unrestricted watercraft as defined below. http ://www.lmcd.org/pages/dock_use_area.htm 6/4/2003 Dock Use Area Page 4 of 4 Number of Restricted Watercraft allowed: 2 restricted watercraft may be kept within a dock use area for most lots. 4 restricted watercraft may be kept within a dock use area provided all of the following conditions are meet: · Single family residential structure on the lot · All restricted watercraft kept at a dock or mooring must be owned by and registered to persons who live in the residential structure. 5 - or more may be allowed provided there is 50' of shoreline at the lot for each restricted watercraft. A lot with 5 or more restricted watercraft must have a multiple dock license with the LMCD. Unrestricted Watercraft Definition any boat or vessel for use on or stored on the public waters of the lake which is: 16 feet or less in length and unmotorized; or 16 feet or less in length and which uses a motor of 10 hoursepower or less; or 20 feet or less in length and unmotorized, and which is propelled solely by human power. Number of Unrestricted Watercraft Allowed: Residents can have any number of unrestricted watercraft within the dock use area. Residents should check with their City for any additional restrictions to the above. TOP http://www.lmcd.org/pages/dock_use_area.htm T T 6/4/2003 H ORDINANCE N-UMbER 5 Page 1 of 10 ORDINANCE NUMBER 5 AN ORDINANCE AMENDING ORDINANCE NO. 3; RELATING TO THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND LICENSING OF DOCKS, BOAT MOORING AREAS AND OTHER FIXED OR FLOATING STRUCTURES ON WHITE BEAR LAKE. Section 1. Ordinance No. 3 is amended to read as follows: PART I Section 1.01 The Board of Directors of the White Bear Lake Conservation District, aware of the Legislature's concern for the welfare of White Bear Lake and the users thereof and mindful of the rights and legitimate interests of all riparian owners and users of the Lake, enacts this ordinance for the following purposes: to promote safety and sanitation in the use of the Lake, to keep Lake waters open for general public use, to avoid pollution and uncontrolled excessive use of public waters for docks and moorings and other structures, and to eliminate unsafe and unnecessary installations of docks, boat mooring areas and other fixed or floating structures on the Lake. PART II Section 2.01. Subdivision 1. For the purpose of this ordinance the terms defined in this section shall have the meanings ascribed to them: Subd. 2. "Lake" means White Bear Lake and all the parts, bays and channels thereof. Subd. 3. "Shoreline" means the line of contact of the body of water in White Bear Lake with the shore. Subd. 4. "Municipality" means any municipality as defined in Laws 1971, Chapter 355, Sec. 1. Subd. 5. "Dock" means any wharf, pier or other structure constructed or maintained in the Lake, whether floating or not, including all "Ls," "Ts" or postswhich may be a part thereof, whether affixed or adjacent to the principal structure. Subd. 6. "Board" means the Board of Directors of the White Bear Lake Conservation District. Subd. 7. "District" means the White Bear Lake Conservation District. Subd. 8. "Person" means an individual, individuals, partnership, association, corporation or other entity. ' http://www.wblcd.org/ordS.htm 6/4/2003 ORDINANCE NUMBER 5 Page 2 of 10 Subd. 9. "Mooring" means any buoy, post, boat lift, structure, or other device at which a watercraft may be moored which is surrounded by navigable water. Subd. 10. "Site" means any shoreline, lot, parcel or other piece of property legally subdivided and recorded in the office of the Registrar of Deeds. Subd. 11. "Authorized Dock Use Area" means that area in the Lake which may be used for docks, moorings, boat storage, swimming floats, ski jump storage, diving towers, other such equipment. "Authorized Dock Use Area" is further defined as that area extending into the Lake (1) a distance of 200 feet, or (2) in situations where, at a distance of 200 feet, the Lake is less than four feet deep, then either that distance at which the Lake is four feet deep, or a distance of 300 feet, whichever is less. Subd. 12. "Single dock or mooring area" means an authorized dock use area which abuts a single owner site. Subd. 13. "Multiple dock or mooring area" means an authorized dock use area which is abutted by a site with several owners. Subd. 14. "Commercial dock or mooring area" means a dock or dock structure used in conjunction with a commercial or other revenue producing business enterprise including a private club, or a dock or dock structure on land owned by a municipality or political subdivision but not including apartments or any such business involving the leasing of real property for residential use. Subd. 15. "Public dock or mooring area" means an authorized dock use area which is abutted by a site owned by a municipality, township, county, or state government. Subd. 16. "Multiple user dock or mooring area" means: Subd. 16.a. a single dock or mooring area as defined in Subd. 12 with more than 1 dock or five (5) or more boats, including beached boats, or Subd. 16.b. a multiple dock or mooring area as defined in Subd. 13 with more than 1 dock, or five (5) or more boats, including beached boats, or Subd. 16.c. any commercial dock or mooring area as defined in Subd. 14, or Subd. 16.d. any public dock or mooring area as defined in Subd. 15. Subd. 17, "Launching Facility" means any access to or from the Lake including a dirt roadway, fabricated ramp, track, mechanical contrivance, or other device or construction used in transferring watercraft from land to water. PART III General Regulations Section 3.01. Subdivision 1. The following regulations are applicable as provided. http ://www.wblcd. org/ord5 .htm 6/4/2003 T T ! H ORDINANCE ~ER 5 Page 3 of 10 Subd. 1 .a. No dock, mooting or other structure, nor the watercraft using the structure, shall be so located as to: (1) obstruct navigable waters, (2) obstruct reasonable use or access to any other dock, mooring or other structure authorized under this ordinance, (3) present a potential safety hazard, or (4) come within ten feet of any other structure. No dock, mooring area or other structure shall be located or designed so that it unreasonably or unnecessarily requires or tends to encourage using it to encroach any other authorized dock use area. Subd. 1 .b. A dock, mooring or other structure is authorized in an authorized dock use area if it complies with subdivision 1 .a. of this section or if it is permitted by a variance granted by the Board under Part VII of this ordinance. After public hearing, the Board by resolution shall be authorized to define explicitly the extent of the Authorized Dock Use Area, maximum dock length or side set in requirements. However, the maximum distance of intrusion into the Lake for any ADUA shall not exceed 300 feet. The Authorized Dock Use Area for a multiple user dock and mooring area shall be defined as part of the license from the Board. Subd. 1.c. No person shall use any area of the Lake outside an authorized dock use area, for docks, moorings, boat storage, swimming floats, ski jump storage or diving towers, or other such equipment unless'such use is specifically permitted under the provisions of this ordinance. Exceptions: (1) Two or more adjoining site owners may by mutual agreement, use their combined authorized dock use areas for a single common dock or mooring area for their respective private uses, but in any event, must observe these requirements involved in such a joint use. A dock or mooring area located, constructed, installed or maintained under this provision shall not be considered a "Multiple User Dock or Mooring Area" unless such dock or mooring area is intended for the use of five (5) or more boats including any beached boats by any one site owner involved. (2) An addition may be allowed at the outer end of an authorized multiple user dock for the purpose of fuel sales and related service but in no case for the storage of boats or rental of dock space. (3) Any dock or mooring area with a valid license as pursuant to Part IV, Section 4.01, Subd. 2. of this ordinance or a valid variance as pursuant to Part VII of this ordinance. Subd. 1.d. Reasonable space shall be provided in mooring areas to allow navigation freely between moored boats. Subd. 1.e. Where the provisions of this ordinance would cause a conflict in the use of an Authorized Dock Use Area, the affected person may apply to the Board for resolution of the conflict. Subd. 1.f. Fragmentation of sites to increase the number of Authorized Dock Use Areas shall be subject to approval by the Directors upon application. Subd. 2. In the event of any conflicts between the owners of different sites whether adjoining or not and in the event of any conflicts among the common owners or users of one site over use of an authorized dock use area the Board shall arbitrate and settle said conflicts using the licensing procedure of Part IV, Section 4.01, Subd. or the ~ariance procedure of Part Vii. http://www.wblcd.org/ord5.htm 6/4/2003 T' i ORDINANCE NUMBER 5 Page 4 of 10 Subd. 3. No person shall use any area of the Lake within an authorized dock use area for docks, moorings, watercraft storage, swimming floats, ski jump storage or diving towers without the consent of the ripadan or site owner. PART IV Multiple User Docks or Moodng Areas Section 4.01. Subdivision 1. Multiple user docks or mooring areas, for the multiple mooring of boats, may be established and maintained in the Lake but only subject to and in accordance with the provisions of this subdivision. It is the policy of the District to permit the establishment of such multiple docks and mooring areas in only a very limited number of instances where necessary to fulfill a public service and where such mooring areas can be established in such a manner as to preserve the use of waters of the Lake by the general public. Subd. 2. No person shall locate, construct, install or maintain a multiple user dock, launching facility or mooring area on the shoreline of White Bear Lake or in the waters of such Lake, unless he is licensed by the Board of Directors of the Distdct to do so. Obtaining a license from the Distdct shall not relieve any persons from any municipal permit or license requirements. Subd. 2.a (1) Applications for such licenses shall be made to the Secretary of the District on forms provided by the District. The application shall include, among other things: (1) the name and address of the applicant, (2) the description of the property on which the facility is to be located, (3) the name and address of the owner of the premises, if different from the applicant, (4) if the applicant is not the owner, an explanation of the interest which the applicant has in the property, (5) a showing that all requisite permits, licenses and approvals from the local municipality have been obtained and that the requirements of any other governmental authority have been met, (6) a plan to scale showing the design and location of the facility, and (7) the fee for such a license, as may be established from time to time by resolution of the Board. The application shall include such other information as the Secretary may require to assist the Board in consideration of the application for the license. (2) When requested by the Board, an additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance, or other expenses incurred by the District. The board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the district for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit. Subd. 2.b. Licenses shall be issued on a calendar year basis or for a longer period subject to revocation at the discretion of the Board. Subd. 2.c. When an application has been completed, the Secretary shall schedule the application for consideration by the Board or by a Committee of the Board, and shall notify the applicant of the time and place at which the application will be considered. Subd. 2.d. The Board may provide for the consideration of applications for licenses by a committee of no less than three members of the Board. The committee shall report its recommendations to the Board for final action. http://www.wblcd, org/ord5.htm 6/4/2003 T ? ! ORDINANCE NUMBER 5 Page 5 of 10 Subd. 2.e. Review Criteria: In exercising its discretion in resolution of conflicts and in granting or denying licenses, the Board may consider, among other things, the following: (1) whether the proposed facility will create a volume of traffic on the Lake which will tend to be unsafe or which will cast an undue burden of traffic upon the Lake in the vicinity of the facility, (2) whether the proposed facility will be compatible with adjacent development, (3) whether the proposed facility will be compatible with the maintenance of the natural beauty of the Lake, (4) whether the proposed facility will be structurally safe for use by the intended users, (5) whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility, (6) whether adequate parking and sanitary facilities, such as head pump-out facilities, are available or will be provided (7) whether the facility will comply with the regulations contained in the ordinance, (8) whether the proposed facility will affect the quality of the water of the Lake and the ecology of the Lake, (9) whether the proposed facility will serve the general public as opposed to a limited segment of the public or a limited geographical area, (10) whether the proposed facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public, (11) whether adequate water depth is available for the proposed facility without churning of the bottom sediments, (12) whether the proposed facility will be compatible with the adjacent water use area. The use of multiple dock or mooring areas or launching ramps on the Lake for the purpose of increasing non-riparian property values is not a valid consideration in licensing such facilities. Subd. 2.f. Renewal of Licenses. Applications for renewals of licenses under this ordinance shall be made no later than October fifteenth in the year preceding the year for which the license is sought. The board shall not accept license applications received after October fifteenth unless the application is accompanied by a late fee, which shall be established from time to time by resolution of the Board. Subd. 2.g. By making application for a license the applicant consents to permitting officers and agents of the District to enter upon the applicant's premises at all reasonable times to investigate the application and to determine whether the ordinances of the District are being complied with. The application form shall contain a statement to this effect. Subd. 2.h. No person licensed pursuant to this section shall gain a vested right in said license. The use of the Lake shall remain subject to regulation, and to changes in regulations, from time to time, as the public interest requires. Subd. 2.j. A licensed multiple user dock or mooring area shall be maintained in a structurally safe condition and shall be maintained in a neat, clean and ordedy condition at all times. Subd. 2.k. When deemed necessary, the Board may impose conditions upon the granting of a license, which conditions shall be in writing. A violation of any of such conditions shall be a violation of this ordinance. Subd. 2.1. Any license issued under this ordinance may be suspended or revoked by the Board of the District for violation by the licensee of this ordinance or any other ordinance of the District. Action to suspend or revoke a license shall not be taken by the Board except upon at least 10 days prior written notice to the licensee, notifying the licensee of the time and place of the meeting at which the Board will consider such suspension or revocation. At such meeting the licensee shall be given a reasonable opportunity to be heard. Any proceedings to suspend http://www.wblcd, org/ordS.htm T' ] ! 6/4/2003 ORDINANCE NUMBER 5 Page 6 of 10 or revoke a license are not to be deemed to penalize the licensee for violations of the ordinances of the Distdct but shall constitute regulatory action of the District. Subd. 2.m. New Licenses Required. Any change in slip size, ownership, length, width, height or location of a structure or launching ramp requiring a license under this ordinance requires the issuance of a new license therefor. PART V Swimming Floats and Other Temporary Structures Section 5.01. Subdivision 1. Licenses for swimming floats, ski jumps, slalom course, diving towers, buoys, markers or other structures surrounded by navigable water. Subd. 1.a. No swimming floats, buoys, or markers, whether floating or on posts, shall be located in the lake outside the authorized dock use area as prescribed in Part III, Section 3.01, Subd. 1 .c. without being authorized by a license from the Board. No ski jumps, slalom courses, diving towers, or other structures surrounded by navigable water, whether floating on or posts, shall be located anywhere in the Lake without being authorized by a license from the Board. Any such license may be granted by the Board if they determine that the granting of the license will not create unusual hazards or obstructions to navigation. Licenses are not required for scuba diving, floats or navigation buoys which .meet the current state regulations in effect for navigation season. Subd. 1.b. Applications for licenses shall be made upon forms provided by the District and shall include the following information: (1) name, address and telephone number of the applicant, (2) type, number and proposed location of structures for which the license is sought, (3) the pedod of time for which the license is sought, (4) a statement as to how the structure will be reflectorized or lighted, (5) if an organization is seeking the license, a statement as to the nature of the organization, (6) if the license is sought for a particular event, the nature of the event, (7) such other information as the Secretary may require to assist him/her, or the Board, in considering the application for the license, (8) a statement by the applicant that he assumes responsibility for the presence and removal of the structure or structures from the Lake, (9) the fee for such license as may be established from time to time by resolution of the Board. Subd. 1.c. If a license is granted, the license shall specify the dates, or the period of time, for which it is granted. The granting of licenses may be subject to conditions to protect uses of the Lake. A violation of the terms and conditions of the Permit is a violation of this ordinance. Subd. 1.d. If any structure is located in the Lake pursuant to a license and is thereafter found to be a hazard or obstruction to the safe use of the lake by others, such license may be revoked. Notice of revocation shall be given to the applicant by the Secretary orally or in writing. If the applicant cannot be found, it shall be sufficient notice of revocation if written notice thereof is delivered to the address of the applicant. Upon notice of revocation, the applicant shall remove the structure within a reasonable time, which shall be specified in the notice of revocation. If the applicant does not remove the structure it may be removed by the District, and the cost of removal shall be borne by the applicant or owner. The failure of the applicant to remove the structure upon receipt of the notice of revocation of the license, and in accordance with such notice, is a violation of this ordinance. http://www.wblcd.org/ord5.htm 6/4/2003 'T T ! n ORDINANCE NUMBER 5 Page 7 of 10 PART VI Construction, Repair and Maintenance Standards Section 6.01. Subdivision 1. All docks, moodngs and other structures must be constructed and maintained in the following manner: Subd. 1.a. Permanent docks, moodngs and other structures require a license by the Board. Subd. 1 .b. Temporary docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the Lake. Subd. 1.c. Multiple user docks or mooring areas may be constructed of such materials and in such a manner as the owner determines provided that such dock or moodng area shall be so built and maintained as to be safe for use by the public, that they do not constitute a hazard to the Lake, or constitute a hazard to the public using the waters of the Lake. Subd. 1 .d. No oscillating, rotating, flashing or moving sign or light may be used on any dock. Subd. 1 .e. Swimming flats, ski jumps, diving towers and other structures surrounded by navigable water, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto sufficient reflectorized material so as to reflect light in all directions. Said material shall be capable of retaining 80 % of its dry weather reflective signal strength when wet. Subd. 1.f. No advertising signs may be displayed from any dock other than an identifying sign or "for sale" sign which shall be no larger than three square feet in area. Subd. 1 .g. Installation of electrical and fueling facilities on docks, moorings and other structures shall be in accordance with applicable fire and building codes and subject to state and local inspection procedures. Persons making such electrical or fueling installations shall maintain records of compliance with state and local codes and regulations. Subd. 1.i. Construction of licensed multiple docks or mooring areas, launching ramps and commercial docks must comply with: all local, state and federal regulations applicable to facilities and services provided: municipal zoning, parking and other land use regulations applicable to the facility; and the ordinances of the District pertaining to lake use and structures in the Lake. All licensed multiple docks and mooring areas, launching ramps and commercial docks shall be maintained in a structurally safe condition and shall be maintained in a neat, clean and orderly condition at all times. PART VII Variances Section 7.01. Subdivision 1. Where practical difficulties or particular hardships occur, the Board, upon application being made to it by a person affected, may permit a permanent or temporary variance as designated from the requirements of this ordinance or may require a http://www.wblcd.org/ordS.htm 6/4/2003 ORDINANCE NUMBER 5 Page 8 of 10 variance from what is otherwise permitted by this ordinance, provided that such variance, with whatever conditions are deemed necessary by the board, does not adversely affect the purpose of this ordinance, the public health, safety, and welfare, and reasonable access to, or use of, the Lake by the public or riparian owners. Subd. 2. Applications for variances shall be in writing and shall be filed with the Secretary of the District. The application shall be on the form approved by the Board of Directors. it shall contain (1) name and address of the applicant, (2) description and location of the property for which the vadance is sought, (3) the variance for which the application is made, (4) the names and addresses of the owners of abutting sites, (5) if the application is made under Part V the names and addresses of the owners of other affected sites, (6) a map or plat to scale of the site for which the variance is sought, and of abutting or other affected sites, showing any existing docks, moorings or other structures of the proposed location or relocation of any such structures or the proposed location or relocation of any such structures, (7) the consent of the applicant permitting officers and agents of the District to enter upon the applicant's premises at reasonable times to investigate the application and to determine compliance with any vadance which may be granted, and (8) such other information, such as surveys and photographs, as the Secretary may require to assist the Board in consideration of the application. Subd. 3. The variance application shall be accompanied by an application fee as may be determined from time to time by resolution of the Board. Such fee shall not be refunded at any time after the processing of the application has been commenced. An additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance, or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection, maintenance of other expenses incurred by the District in excess of the amount of the deposit. Subd. 4. Upon receipt of a completed variance application the Secretary shall schedule a review by the Board on the application. He/She shall notify the owners of abutting sites or any other affected site for which the applicant seeks to require a permit a variance. Subd. 5. The Board may grant a variance from the literal provisions of this ordinance in instanceS where their strict enforcement would cause undue hardship because of circumstances unique to the individual property or properties under consideration, and shall grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this ordinance. It may impose conditions in the granting of variances to insure compliance and to protect other riparian owners and users of the Lake. Subd. 6. The Board shall not require the owner of any site who is not the applicant to take any action at variance with what is otherwise permitted by this ordinance without first giving him a reasonable opportunity to be heard thereon as provided in Subd. 4 of this section. If the Board orders him to take the action proposed, or any part thereof, he shall be afforded a reasonable length of time within which to take such action. Any such order shall be in writing, shall be served upon him in the manner that civil process is served and shall specify the length of time within which he shall take the required action. Subd. 7. Locating, constructing, installing or maintaining a dock, mooring or other structure in a http ://www.wblcd.org/ord5 .htm 6/4/2003 ORDINANCE NUMBER 5 Page 9 of 10 manner different from the terms and conditions of a variance which is ordered or permitted is a violation of this ordinance. PART VIII General Provisions Section 8.01. Subdivision 1. The provisions of this ordinance shall not supersede_any municipal ordinance, variance from any ordinance, permit or regulation: Subd. 1 .a. more restrictive in its provisions and applications as to the location, construction, installation and maintenance of docks, moorings and other structures: Subd. 1 .b. allowing variances that are more restrictive than this ordinance: Subd. 1.c. establishing zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance or with the White Bear Lake Conservation District generalized purpose of avoiding pollution and uncontrolled excessive use of the Lake. Subd. 2. Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Nothing in this ordinance is intended to confer upon any person for the benefit of any property any vested dght to use the Lake in the manner permitted by this ordinance, but the use of the Lake shall remain subject to such regulations as the District Board and other competent regulatory authorities shall deem necessary from time to time in the public interest. Subd. 3. From and after the effective date of this ordinance docks, mooring area and other structures in the Lake shall be in conformity with the provisions of this ordinance and any of the same which is not in conformity with the regulation herein shall be regarded as non- conforming. Subd. 4. All non-conforming uses shall be terminated one year after the effective date of this ordinance. PART IX Violations Section 9.01, Subdivision 1. Every person who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $700.00 and costs or imprisonment for not to exceed 90 days or both. Each day a violation continues shall constitute a separate offense. Subd. 2. In case of a violation of this ordinance, the Board, in addition to the foregoing penalties may institute any proper action or procedure in the name of the District to prevent such violations. PART X http://www.wblcd.org/ordS.htm 6/4/2003 ORDINANCE NUMBER 5 Page 10 of 10 Validity Section 10.01. Should any section, subsection, clause or other provision of this ordinance by declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. PART XI Effective Date Subd. 11.01. Subdivision 1. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by Law and is hereby declared by the Board to have the effect of an ordinance. Subd. 2. The foregoing ordinance was enacted by a majority vote of all members of the Board of Directors. Section 2. This ordinance shall take effect on the day following its publication. Wording to be reviewed by committees and board spring of 1999. Purpose I Meeting Minutes I Finance Reports I Ordinances [ Board Members I Public Information I Application Forms Links ] Requests and Comments I WBLCD Home Page WBLCD, 1998. Ail rights reserved. Designed by WireBu#t Co. http://www.wblcd.org/ord5.htm 6/4/2003 'T T I PRIOR LAKE MARINAS 2003 By DNR Permit Number by Water Body Updated by Pat Lynch 5/19/03 LOWER PRIOR LAKE (70-26) # OF SLIPS PERMITTEE PERMIT NOTES PERMITTED # 32 Boudin's Manor 89-6458 Replaces former permit #77-6545 Association 10 Watersedge Townhouse 81-6088 Association 57 McWillies/Captain 88-6299 Jack's 26 H & H Land Dev. 88-6322 Windsong on the Lake (Ralph Heuschele) 56 Harbor Community 89-6013 Formerly Harbor Properties Association (Wes Green) 39 Oakland Beach 89-6021 Homeowners Assoc. 23 Mitchell Pond Assoc. 89-6035 9 Fish Point Beach 89-6272 Homeowners Assoc. 25 Jim & Nellie Halek 89-6275 Formerly Watersedge Marina - Jerry Young, Boudin's Dubar Marine + 10 sailboat bouys 5 Pixie Point Homeowners 89-6290 Ron Buckeye Assoc. 53 Lakeside Manor Assoc. 89-6378 UPPER PRIOR LAKE (70-72) 94* Wagon Bridge Marina 84-6279 Formerly Lakeside Marina, Lakeside Properties 20 Almac, Inc. (Island View 89-6002 Island View 5~h Addn. Homeowners 5th Addn. Assn. Outlot A, lake access 36 Island View 1sI Addn. 89-6022 46 Willow Beach Assoc. 89-6456 *Commercial Marina L:~DEPTWORK~PRIOR LAKE MARINAS.doc T' T BOAT TRAILER PARKING ISSUES MEETING FRIDAY, AUGUST 22, 2003 SIGN IN SHEET If 'T I Frank Boyles From: Sent: To: Subject: Joe Zieska Wednesday, July 30, 2003 5:35 PM Frank Boyles RE: ADDITIONAL TRAILER PARKING FOR BOATERS Frank, excellent guidelines to give to the PAC and LAC. As far as filling in the blanks on %1 and %6, I would leave %1 blank and let our advisory bodies come up with a number that is appropriate. As far as %6 my feeling is that the most cost of the additional parking should be able to be recovered over the life of the new parking lot. Joe ..... Original Message ..... From: Frank Boyles To: Andrea Blomberg; Chad LeMair; Jack Haugen; Jim Petersen; Joe Zieska Sent: 7/30/03 4:51 PM Subject: ADDITIONAL TRAILER PARKING FOR BOATERS The staff was directed to refer this item to the PAC and LAC for a recommendation. In order to effectively complete this assignment I believe that additional guidelines from the council would be helpful. Here are some examples: 1. The council would like to provide at least new parking spaces for use by lake users to park their car and trailer. 2. The council prefers that property already owned by the city be used for this purpose to control costs. 3. The council would like to minimize the number of additional staff necessary to oversee the parking area. 4. The council would like the parking area as close to the existing accesses as possible. 5. The council is comfortable with charging a fee for parking in the new lot. 6. The council does not want to pay more than to improve the lot. I think by providing parameters like these that you will get better, more realistic and faster responses from the two bodies. You will also help the staff to support the committees properly. Let me know if you want to use these or other guidelines. Thanks, Frank Frank Boyles City Manager CITY OF PRIOR LAKE 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Direct Dial: (952) 447-9801 Fax: (952) 447-4245 <<Glacier Bkgrd.jpg>>