ORD 404 Environmental Review ProgramCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NUMBER 404
AN ORDINANCE AMENDING TITLE 12
Of
THE CITY CODE OF MENDOTA HEIGHTS, MINNESOTA
The City Council of the City of Mendota Heights does hereby ordain as follows:
Section 1 Municipal Ordinance Title 12, commonly known as the City
Zoning Ordinance, is hereby amended to add Section to
read as follows:
Environmental review prop. The provisions of the rules for the
Environmental Review Program, 6MCAR 3.021 to 3.047, one copy of
which is on file in the office of the clerk, are hereby adopted, together
with the other provisions of this section, as a basis for the environmental
review operating procedures this city will follow in implementing the
provisions of Minnesota Statutes, chapter 116D relating to the
Environmental Review Program and any rules adopted thereunder by the
Minnesota Environmental Quality Board. All terms used in this
ordinance shall have the same meaning as the terms used in chapter 1161)
and the rules adopted thereunder.
Section 2 Municipal Ordinance Title 12, commonly known as the City
Zoning Ordinance, is hereby amended to add Section to
read as follows:
Cost of preparation and review.
Subdivision 1. Information to be provided. The applicant for a permit for
any action for which environmental documents are required either by state
law or rules or by the council shall supply in the manner prescribed by the
administrator all unprivileged data or information reasonably requested by
the city that the applicant has in his possession or to which he has
reasonable access.
Subd. 2. Environmental assessment worksheets. The applicant for a
permit for any action for which an environmental assessment worksheet
(EAV) is required either by state law or rules or by the city council, shall
pay all costs of preparation and review of the EAW, and upon the request
of and in the manner prescribed by the administrator shall prepare a draft
EAW and supply all information necessary to complete that document.
Subd. 3. Environmental impact statement. The city and the
applicant for a permit for any action for which an environmental impact
statement (EIS) is required shall comply with the provisions of the rules
governing assessment of costs for environmental impact statements, one
copy of which is on file in the office of the clerk, unless the applicant and
the council provide otherwise by a written agreement.
Subd. 4. Payment of costs. No permit for an action for which an
EAW or an EIS is required shall be issued until all costs of preparation
and review which are to be paid by the applicant are paid, and all
information required is supplied, and until the environmental review
process has been completed as provided in this section and the rules
adopted by reference by this section, and pursuant to any written
agreement entered into by the applicant for the permit or permits and the
council under the provision of subdivision 5.
Subd. 5. Ap-reements concerning cost of preparation and review.
The applicant for a permit for any action for which an EAW or EIS is
required and the city council may, in writing agree as to a different
division of the costs of preparation and review of any EAW or EIS as
provided in 6MCAR 3.042.
Section 3 Municipal Ordinance Title 12, commonly known as the City
Zoning Ordinance, is hereby amended to add Section to
read as follows:
Administration.
Subdivision 1. Duty of administrator. The administrator is responsible for
the administration of the Environmental Review Program, and the rules
adopted by reference by this section.
Subd. 2. Action required. The administrator is responsible for
determining whether an action for which a permit is required is an action
for which an EAW is mandatory under 6MCAR 3.024. The administrator
shall also determine those proposed actions for which an optional EAW
may be required under the provisions of the section and shall notify the
council of these proposed actions.
Subd. 3. Preparation. All EAW's and EIS's shall be prepared under
( the supervision of the administrator and reviewed and approved by the city
council.
Subd. 4. .Alterations. When reviewing an EAW or EIS, the
administrator may suggest design alterations which would lessen the
environmental impact of the action. The city council may require these
design alterations to be made as a condition for issuing the permit when it
finds that the design alterations are necessary to lessen the environmental
impact of the action.
Section 4 Municipal Ordinance Title 12, commonly known as the City
Zoning Ordinance, is hereby amended to add Section to
read as follows:
Optional EAW. The council may, upon recommendation by the
administrator, require that an optional EAW be prepared on any proposed
action if the action may be a major action and appears to have the potential
for significant environmental effects. The following guidelines shall also
be considered in determining whether an optional EAW shall be required:
a) is the action to be in or near an area that is considered to be
environmentally sensitive or aesthetically pleasing?
b) is the action likely to have disruptive effects such as
generating traffic and noise?
c) are there public questions or controversy concerning the
environmental effects of the proposed actions?
Section 5 Municipal Ordinance Title 12, commonly known as the City
Zoning Ordinance, is hereby amended to add Section to
read as follows:
Enforcement and penalty.
Subdivision 1. General rule. No permit shall be issued for a project for
which environmental documents are required until the entire
environmental review procedures established by this section are
completed.
Subd. 2. Compliance. No work shall commence and any work in
progress on any project for which environment documents are required
shall cease until the environmental review procedures established by this
section are fully complied with.
Subd. 3. Violations. Each day that the violation of this section is
permitted to exist constitutes a separate offense.
Enacted and Ordained into Ordinance this 15tday of -November 52005.
ATTEST:
$Y — -, 4 (4 L? - /G Q4.,
Kathleefi M. Swanson, City Clerk
CITY COUNCIL, CITY OF MENDOTA HEIGHTS
By 11VJ
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John
2026516A