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City of Isanti, MN
Isanti County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
Public Documents
Misc. Documents (13)
[HISTORY: Adopted by the City of Isanti 12-20-1977 by Ord. No. 80. Amendments noted where applicable.]
[Amended 7-20-2021 by Ord. No. 763]
The provisions of the rules for the Environment Review Program, Minnesota Rules Chapter 4410, one copy of which is on file in the office of the City Clerk, are hereby adopted, together with the other provisions of this chapter, as the environmental review operating procedures this City will follow in implementing the provisions of Minn. Stat. Ch. 116D, relating to the Environment Review Program and any rules adopted thereunder by the Minnesota Environmental Quality Board. All terms used in this chapter shall have the same meaning as the terms used in Ch. 116D and the rules adopted thereunder.
A. 
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 City Council shall supply in the manner prescribed by the Environmental Review Program Coordinator ("ERP Coordinator") all unprivileged data or information reasonably requested by the City that the applicant has in his possession or to which he/she has reasonable access.
B. 
Environmental assessment worksheets. The applicant for a permit for any action for which an environmental assessment worksheet (EAW) is required either by state law or rules of the City Council shall, upon the request of and in the manner prescribed by the ERP Coordinator, prepare a draft EAW and supply all information necessary to complete that document.
[Amended 7-20-2021 by Ord. No. 763]
C. 
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 are paid by the applicant and all information required is supplied, and until the environmental review process has been completed as provided in this chapter and the rules adopted by reference by this chapter, and pursuant to any written agreement entered into by the applicant for the permit or permits and the City Council under the provision of Subsection D below.
D. 
Agreements 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 from that provided in Subsection C above, as provided in Minnesota Rules Chapter 4410.
[Amended 7-20-2021 by Ord. No. 763]
A. 
The ERP Coordinator shall be the person responsible for the administration of the Environmental Review Program, this chapter, and the rules adopted by reference by this chapter.
B. 
The ERP Coordinator shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under Minnesota Rules § 4410.1000. The ERP Coordinator shall also determine those proposed actions for which an optional EAW may be required under the provisions of this chapter and shall notify the Planning Commission and the City Council of these proposed actions.
[Amended 7-20-2021 by Ord. No. 763]
C. 
All EAWs and EISs shall be prepared under the supervision of the ERP Coordinator, reviewed by the Planning Commission and reviewed and approved by the City Council.
D. 
When reviewing an EAW or EIS, the ERP Coordinator and the Planning Commission 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.
E. 
After an EAW is prepared, the Planning Commission shall review the EAW and recommend to the City Council whether or not it should require the preparation of an EIS. The City Council shall require an EIS when it finds under Minnesota Rules § 4410.2000 that an action is major and has potential for significant environmental effects.
[Amended 7-20-2021 by Ord. No. 763]
The City Council may, upon recommendation by the ERP Coordinator 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?
A. 
No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this chapter are completed.
B. 
Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by Chapter 1, Article I, of this Code of the City of Isanti. Each day that the violation is permitted to exist constitutes a separate offense.
[Amended 7-20-2021 by Ord. No. 763]
C. 
No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this chapter are fully complied with.