HomeMy WebLinkAbout2006 [08] Aug 31
CITY Of ST. JOSEPH
www.cityofstjoseph.com
St. Joseph Planning Commission
August 31, 2006
6:00 PM
1. Call to Order
Administrdtor
ludy Weyrens
2. Ordinance Review
MdYor
Richdrd Cdrlbom
3. Adjourn
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
2.) College Avenue North' PO Box bb8 . Sdint. Joseph, Minnesotd )b174
Phone ,2.0.,b,.72.01 FdX ,2.0.,b,.0,42.
.A1nendment to Ordinance 34: Management Administration and Permitting of Activities
. in Public Right of Ways .........................;.. ................. ",' ....... ............ ........... ...................... ......... ....... ....... ...1
Amendment to Ordinance 52.11: Signs ...................................................................................................2
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Ordinance 52.21: . Transportation Corridor Overlay District Site and Design Standards ..................3
Amendment to Ordinance 52.31: B-2 Highway 75 Business District .................................................4
Amendment to Ordinance 84: General Parking Ordinance ..................................................................5
Ordinance 85: VI eight Restrictions ...... ..... ....... ............... ...... .......: ...... ................ ...... ..... ............... .... .......6
Amendment to Ordinance 108: Junk Car Ordinance .............................................................................7
Ordinance 112: W oodbuming Ordinance' ....... ............ ....... ..................... ............................... ................. 8
Ordinance 121: Firearms Use Ordinance .................... ......... ................... ........................ ......... .......... ..... 9
Ordinance 52.09: PUD - Planned Unit Development Overlay District ..............................................10
Amendment to Ordinance 32.03: Limiting Activities in Public Easements .......................................11
.A1nendment to Ordinance 54: Subdivision Regulations ........................................................................12
Amendment to Ordinance 84: Traffic & Motor Vehicles Regarding Impoundment of Motor
Vehicles......................................................................................................................................................... .13
Environmentally Sensitive Areas Ordinance Infonnation ....... ...............................................................14
Amendment to Ordinance 51: Building Ordinance..... ..... .................................................................. .....15
Changes to Zoning Ordinance.................................. ....... ..... .............. ...... .... ....... .... ............................... .....16
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AMENDMENT TO ORDINANCE 34
MANAGEMENT, ADMINISTRATION AND PERMITTING Of ACTIVITIES IN PUBLIC
RIGHT Of WAYS
The Council of the City ofSt. Joseph hereby ordains:
That the S1. Joseph Code Book is amended by the addition of Ordinance 34. Ordinance 34 shall
state as follows:
"Section 34: MANAGEMENT, ADMINISTRATION AND PERMITTING Of
ACTIVITIES IN PUBLIC RlGHT Of WAYS
Section 34.01. FINDINGS. PURPOSE. AND INTENT. To provide for the health, safety
and welfare ofits citizens, and to ensure the integtity of its streets and the appropriate use of the
rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from
unnecessary encumbrances.
Accordingly, the City hereby enacts this new chapter of this code relating to right-of-way
pemuts and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment cUlTently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work. Finally, this chapter provides/for recovery of out-of-
pocket and projected costs from persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minn. Stat. ~237.16, ~237.l62, ~237.l63, ~237.79, ~237.81, and ~238.086 (the
"Act") and the other laws governing applicable rights of the City and users of the right-of-way.
This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 - 7819.9950
where possible. To the extent any provision of this chapter cannot be interpreted consistently
with the Minriesota Rules, that interpretation most consistent with the Act and other applicable
statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory
and police powers of the City to adopt and enforce general ordinances necessary to protect the
health, safety and welfare ofthe public.
Section 34.02. ELECTION TO MANAGE THE PUBLIC RlGHTS-Of-W AY. Pursuant
to the authority granted to the City under state and federal statutory, administrative and common
law, the City hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of-way
within its jurisdiction.
Section 34.03 DEFINITIONS. The following definitions apply in this chapter of this
code. References hereafter to "sections" are, unless otherwise specified, references to sections in
this chapter: Defined terms remain defined terms, whether or not capitalized.
"Abandoned Facility" means a facility no longer in service or physically disconnected
from a portion of the operating facility, or from any other facility, that is in use or still
carries service. A facility is not abandoned unless declared so by the right-of-way user.
"Applicant" means any person requesting permission to excavate or obstruct a right-of-
way.
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"City" means the City ofSt. Joseph, Minnesota. FOl' purposes of section 34.27, "City"
means its elected officials, officers, employees and agents.
"Commission" means the State Public Utilities Commission.
"Congested Right-of-Way" means a crowded condition in the subsurface ofthe public
right-of-way that occurs when the maximum lateral spacing between existing .
underground facilities does not allow for construction of new underground facilities
without using hand digging to expose the existing lateral facilities in conformance with
Minn. Stat. ~216D.04, Subd. , over a continuous length in excess of 500 feet.
"Construction Perlormance Bond" means any of the following fonns of security provided
at permittee's option:
a) Individual project bond;
b) Casb deposit;
c) Security ofa form listed or approved under Minn. Stat. Sec. 15.73, subd. 3;
d) Letter of Credit, in a form acceptable to the City;
e) A blanket bond for projects within the city, or other form of construction bond,
for a time specified and in a form acceptable to the City.
"Degradation" means a decrease in the usefullife of the light-of-way caused by
excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such
right-of-way earlier than would be re'quired if the excavation or disturbance did not occur.
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"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a
level of restoration, as determined by the City at the time the permit is issued, not to
exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules
parts 7819,9900 to 7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the
City to recover costs associated with the decrease in the useful life of the right-of-way
caused by the excavation, and which equals the degradation cost.
"Department" means the depaliment of public works of the City.
"Department Inspector" means any person authorized by the City to carry out inspections
.. related to the provisions of this chapter.
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"Public Works Superintendent" means the superintendent of the department of public
works of the City, or her or his designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
"Emergency" means a condition that (1) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities
in order to restore selvice to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-wgy.
"Excavation permit" means the pemlit which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An Excavation permit allows the holder
to excavate that pact of the right-of-way desclibed in such permit. Persons who are under
contract with the City, or with a developer who has an executed developer agreement
with the City, to construct public improvements that the City will take over and own at
the completion of the project, are not required to obtain a permit under the temlS of this
ordinance unless they are working in the public right-of-way outside of the project
construction limits.
"Excavation pemlit fee" means money paid to the City by an applicant to cover the costs
as provided in Section 34.11.
Facility" or "Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"Five-year Capita11mprovement Plan" shows projects adopted by the City for
construction within the next five years.
"High Density Corridor" means a designated portion of the public right-of-way within
which telecommunications light-of-way users having multiple and competing facilities
may he required to build and install facilities in a common conduit system or other
common structure.
"Hole" means an excavation in the pavement, with the excavation having a length less
than the width of the pavement.
"Local Representative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for that
registrant regarding all matters within the scope of this chapter.
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"Management Costs" means the actual costs the City incurs in managing its rights-of-
way, including such costs, ifincurred, as those associated with registering applicants;
issuing, processing, and -verifying right-of-way permit applications; inspecting job sites
and restoration projects; maintaining, supporting, protecting, or moving user facilities
duringfight-of-way work; determining the adequacy offight-of-wayrestoration;
restoring work inadequately performed after providing notice and the opportunity to
correct the work; and revoking right-of-way permits. Management costs do not include
payment by a telecommunications right-of-way user for the use of the right-of-way, the
fees and cost oflitigation relating to the interpretation of Minnesota Session Laws 1997,
Chapter 123; Minn. Stat. 9237.162 or 9237.163; or any ordinance enacted under those
sections, or the City fees and costs related to appeals taken pursuant to Section 34.29 of
this chapter.
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"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
"Objection Permit" means the permit which, pursuant to this chapter, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of that right-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the City by a permittee to cover the costs
as provided in Section 34.11.
Patch" or "Patching" means a method of pavement replacement that is temporary in
nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2)
the replacement, in kind, of the existing pavement for a minimum of two feet beyond the
edges of the excavation in all directions. A patch is considered full restoration only when
the pavement is included in the City's five-year Capital Improvement Program.
"Pavement" means any type of improved surface that is within the public right-of-way
and that is paved or otherwise constructed with bituminous, concrete, aggregate, or
gravel.
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"Permit" has the meaning given "right-of-way permit" in Minn. Stat. 9237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the City under this chapter.
"Person" means an individual or entity subject to the laws and rules ofthis state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit,and whether natural, corporate, or political
"Registrant" means any person who (1) has or seeks to have its equipment or facilities
located in any light-of-way, or (2) in any way occupies or uses, or seeks to occupy or use,
the light-of-way or place its facilities or equipment in the light-of-way.
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"Restore" or "Restoration" means the process by which an excavated right-of-way and
sUlTounding area, including pavement and foundation, i~ returned to the same condition
and life expectancy that existed before excavation.
"Restoration Cost" means the amount of money paid to the City by a pennittee to achieve
the level of restoration according to plates 1 to 13 of Minnesota Public Utilities
Commission rules.
"Public Right-of-Way" meanS the area on, below, or above a public roadway, highway,
street, cartway, bicycle lane or public sidewalk in which the City has a!J)ntc;:rest,
including other dedicated rights~of-way for travel purposes and utility easements of the
City. A_right-of-way does not include the aiJ;waves above a right-of-way with regard to
cellular or other nonwire telecommunications or broadcast service.
"Right-of-Way Permit" means either the excavation permit or the obstruction pelmit, or
both, depending on the context, required by this chapter.
"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by
Minn. Stat. ~237.l62, Subd. 4; or(2) a person owning or controlling a facility in the
right-of-way that is used or intended to be used for providing utility service, and who has
a right under law, franchise, or ordinance to use the public right-of-way.
"Service" ot "Utility Service" includes (1) those services provided by a public utility as
defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications
right-of-way user, including transporting of voice or data information; (3) services of a
cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or
electric energy or telecommunications services provided by the City; (5) services
provided by a cooperative electric association organized under Minn. Stat., Chapter
308A; and (6) water, and sewer, including service laterals. steam, cooling or heating
services.
"Service Lateral" means an underground facility that is used to transmit, distribute, or
furnish gas, electricity, communications, or water from a common source to an end-use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer's premises.
"Supplementary Application" means an application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a permit that had already been issued.
"Temporary Surface" means the compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature except when the replacement is of pavement scheduled for removal
and reconstruction within one calendar year.
"Trench" means an excavation in the pavement, with the excavation leaving a length
equal to or greater than the width ofthe pavement.
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"Telecommunication right-of-way user" means a person owning or controlling a facility
in the right-of-way, or seeking to own or control a Facility in the right-of-way, that is
used or is intended to be used for transporting telecommunication or other voice or data
information. For purposes of this chapter, a cable communication system defined and
regulated under Minn. Stat. Chap. 238, and telecommunication activities related to
providing natural gas or electric energy services whether provided by a public utility as
defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association
organized under Minn. Stat; Chap. 308A, are not telecommunications right-of-way users
for purposes of this chapter.
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"Two Year project Plan" shows projects adopted by the City for construction within the
next two years.
Section 34.04. ADMINISTRATION. The Public Works Superintendent is the principal
City official responsible for the administration of the rights-of-way, right-of-way permits, and
the ordinances related thereto. The superintendent may delegate any or all of the duties
hereunder.
Section 34.05. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.
Subd. 1. Registration. Each person who occupies or uses, or seeks to occupy or use, the
light-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must register
with the City. Registration will consist of providing application infonnation and paying a
registration fee.
Subd. 2. Reg:istration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-
way without first being registered with the City.
Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions
of a City ordinance permitting persons to plant or maintain boulevards in the area of the light-of-
way between their property and the street curb. Persons planting or maintaining boulevards shall
not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits
or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens
under this chapter. However, nothing herein relieves a person from complying with the
provisions of the Minn: Star. Chap. 216D, Gopher One Call Law.
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Section 34.06. REGISTRATION INFORMATION.
Subd. 1. Information Required. The information provided to the City at the time of
registration shall include, but not be limited to:
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(a) Each registrant's name, Gopher One-Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
(b)
The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Cun'ent information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(c) A certificate of insurance or self-insurance as defined under Section 57.04, Subd.
3 and as detailed as follows:
1. Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or a
form of self-insurance acceptable to the City;
2. Verifying that the registrant is insured against claims for personal injury,
including death, as registrant, its officers, agents, elpployees and
permittees, and (ii) placement and use of facilities and equipment in the
right-of-way by the registrant, its officers, agents, employees and
permittees, including, but not limited to, protection against liability arising
from completed operations, damage of underground facilities, collapse of
property, and explosion (XCU} coverage,; T
3. Naming the City as an additional insured as to whom the coverages
required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
4. Requiling that the City be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage ternl; and
5. Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by the
City in the following amounts: $1 million per occurrence and $2 million
in the aggregate. . ... 0_ _ _ ... _ _ ... .
(d)
The City may require a copy ofthe actual insurance policies.
(e)
If the person is a corporation, a copy of the certificate is required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
(f) A copy of the person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other applicable state or federal agency, where the
person is lawfully required to have such certificate from said commission or other
state or federal agency.
Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above
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.. .': ." '--::.~===,::;:"===--:<I%=,,,,===,=:=:r-"::==:-'::"."
.. . - f Deleted: (NOTE: .In discussing this
! matter with both Joe Bettendorf from
II S.E.H. and Greg Murray from
Mahowald Insurance Agency, I
i discovered that if the City requires the
! underground facilities, collapse of
i property and explosion insurance
i (XCV coverage), that the requirement
! may eliminate many smaller
! excavation companies which currently
! do excavation. Apparently this is an
i expensive coverage and many
! excavators do not carry it. The City
! will have to arrive at a decision as to
! what type of coverages tbe)' wilt
! require.)
'[Deleted: (NOTE: Based 011
! discussions with Greg Murray, the
I above coverage requirements are quite j
I common. Most companies that carry
! comprehensive liability. coverage have
I limits at $1 million per occurrence and
L~ miUio~n. the ag~::~~!:.:L____..._
current at all times by providing to the City information as to changes within fifteen (15) days
following the date on which the registrant has lmowledge of any change.
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Section 34.07. REPORTING OBLIGATIONS.
Subd. 1. Operatians. Each registrant shall, at the time of registration and by March I of
each year, file a construction and major maintenance plan for underground facilities with the
City. Such plan shall be submitted using a farmat designated by the Cand shall cantain the
infOlmation determined by the City to be necessary to facilitate the caardination and reduction in
the frequency of excavations and obstructians afrights-af-way.
The plan shall include, but not be limited to, the fallawing informatian:
(a) The lacatians and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next-year project");
and
(b) To the extent lmown, the tentative lacations and estimated beginning and ending
dates for all projects cantemplated far the five years fallowing the next calendar
year (in this sectian, a "five-year project").
The term "project" in this section shall include both next-year projects and five-year projects.
By January I of each year, the City will have available for inspection in the City's .office a
compasite list of all projects .of which the city has been infarmed of the annual plans. All
registrants are responsible for keeping themsel ves infarmed of the current status .of tlns list.
Thereafter, by February 1, each registrant may change any project in its list of next-year projects,
and must natify the City and all other registrants of all such changes in said list. Natwithstanding
the faregaing, a registrant may at any time jain in a next-year project .of another registrant listed
by the other registrant.
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Subd. 2. Additional Next-Year Proiects. Natwithstanding the faregoing, the City will not
deny an application far a right-of-way permit for failure ta include a project in a plan subnlitted
to the City if the registrant has used cammercially reasonable efforts ta anticipate and plan for
the project.
Section 34.08. PERMIT REOUIREMENT.
Subd. 1. Pelmit Required. Except as .otherwise provided in this code, na person may
obstruct .or excavate any right-of-way without first having .obtained the appropriate right-af-way
permit fram the City to do so.
a) Excavation Permit. An excavation permit is required by a registrant to excavate
that part of the right-af-way described in such permit and to hinder free and open
passage over the specified portion .of the right-af-way by placing facilities
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described therein, to the extent and for the duration specified therein.
b)
Obstruction Permit. An obstruction permit is required by a registrant to hinder
free and open passage over the specified portion of right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the duration
specified therein. An obstruction permit is not required if a person already
possesses a valid excavation permit for the same project.
Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond
the date or dates specified in the permit unless (i) such person makes a supplementary
application for another right-of-way permit before the expiration of the initial permit, and (it) a
new permit or permit extension is granted.
Subd. 3. Permit Display. Permits issued under this chapter shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be available for
inspection by the City.
Section 34.09. PERMIT APPLICATIONS. Application for a permit is made to the City.
Right-of-way permit applications shall contain, and will be considered complete only upon
compliance with, the j:equirements of the following provisions:
a) Registration with the City pursuant to this chapter;
b) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed
project and the location of all known existing and proposed facilities.
c) Payment of money due the City for:
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pennit fees, estimated restoration costs and other management costs;
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prior obstructions or excavations;
3. any undisputed loss, damage, or expense suffered by the City because of
applicant's prior excavations or obstructions ofthe rights-of-way or any
emergency actions taken by the City;
4. franchise fees or other charges, if applicable.
d) Payment of disputed amounts due the City by posting security or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
e) Posting an additional or larger construction performance bond for additional
facilities when applicant requests an excavation permit to install additional
facilities and the City deems the existing construction performance bond
inadequate under applicable standards.
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Section 34.10. ISSUANCE OF PERMIT; CONDITIONS.
Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter,
the City shall issue a permit.
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Subd. 2. Conditions. The City may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.
Section 34.11. PERMIT FEES.
Subd. 1. Excavation Permit Fee. The City shan establish an Excavation pennit fee in an
amount sufficient to recover the following costs:
a) the City management costs;
b) degradation costs, if applicable.
Subd. 2. Obstruction Pennit Fee. The City, shan establish the obstruction permit fee and
shall be in an amount sufficient to recover the City management costs.
Subd. 3. Pavment of Permit Fees. No excavation permit or obstruction permit shall be
issued without payment of excavation or obstruction permit fees. The City may allow applicant
to pay such fees within thirty (30) days of billing. ~
Subd. 4. Non Refundable. Permit fees that were paid for a permit that the City has
revoked for a breach as stated in Section 34.21 are not refundable.
Subd. 5. Application to Franchises.Unless other-wise agreed to in a franchise,
management costs may be charged separately from and in addition to the franchise fees imposed
on a right-of-way user in the franchise.
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Section 34.12. RIGHT-OF-WAY PATCHING AND RESTORATION.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
in the perrnit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonal or unreaasonable
under Secti on 34.15.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The City may choose
either to have the permittee restore the right-of-way or to restore the right-ofcway itself.
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a)
City Restoration. Ifthe City restores the right-of-way, permittee shall pay the
costs thereof within thirty (30) days of billing. If, following such restoration, the
pavement settles due to permittee's improper backfilling, the permittee shall pay
to the City, within thirty (30) days of billing, all costs associated with correcting
the defective work.
b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at
the time of application for an excavation permit post a construction performance
bond in accordance with the provisions of Minnesota Rule 7819.3000.
c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a
fight-of-way user may elect to pay a degradation fee. However, the right-of-way
user shall remain responsible for patching and the degradation fee shall not
include the cost to accomplish these responsibilities.
Subd. 3. Standards. The permittee shall peIform excavation, backfilling, patching and
restoration according to the standards and with the materials specified by the City and shall
comply with Minnesota Rule 7819.1100.
Subd. 4. Dutv to Correct Defects. The permittee shan COlTect defects in patching or
restoration perfOImed by permittee or its agents. The pemuttee upon notification from the City,
shall correct all restoration work to the extent necessary, using the method required by the City.
Said work shall be completed within five (5) calendar days of the receipt of the notice from the
City, not including days during which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonable or unreasonable
under Section 34.15.
Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner
and to the condition required by the City, or fails to satisfactorily and timely complete all
restoration required by the City, the City at its option may do such work. In that event the
permittee shall pay to'the City, within thirty (30) days of billing, the cost of rest0I1ng the right-
of-way. Ifpermittee fails to pay as required, the City may exercise its rights under the
construction performance bond.
Section 34.13. JOINT APPLICATIONS.
Subd. 1. Joint Application. Registrants may jointly apply for permits to excavate or
obstruct the right-of-way at the same place and time.
Subd. 2. Shared Fees. Registrants who apply for permits for the same obstruction or
excavation, which the City does not perform, may share in the payment ofthe obstruction or
excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
Subd. 3. With City Pro1ects. Registrants who join in a scheduled obstruction or
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excavation performed by the City, whether or not it is a joint application by two or more
registrants or a single application, are not required to pay the excavation or obstruction and
degradation portions of the permit fee, but a permit would still be required.
Section 34.14. SUPPLEMENTARY APPLICATIONS.
.
Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-
of-way specified in the permit. No pem1ittee may do any work outside the area specified in the
permit, except as provided herein. Any pem1ittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension. .
Subd. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified
in the pemnt. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
end date, it must apply for a new permit for the additional time it needs, and receive the new
pern1it or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
Section 34.15. OTHER OBLIGATIONS.
Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
pern1ittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the City or other applicable rule, law or regulation. A pern1ittee shall comply
with all requirements ofIocal, state and federal laws, including but limited to Minn. Stat.
S216D.Ol-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560.
A permittee shall perform all work in conformance with all applicable codes and established
rules and regulations, and is responsible for all work done in the right-of-way pursuant to its
permit, regardless of who does the work.
Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the City, no
right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
.
Subd. 3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way
that the natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles of those doing work in the right-of-way may not be parked
within or next to a permit area, unless parked in conformance with City parking regulations. The
loading or unloading of tracks must be done solely within the defined pern1it area unless
specifically authorized by the permit.
SubdA. Trenchless Excavation. As a condition of all applicable pern1its, pern1ittees
employing trenchless excavation methods, including but not lin1ited to Horizontal Directional
Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and
Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing
12
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.
underground utilities before excavating, as determined by the superintendent.
Section 34.16. DENIAL OF PERMIT. The City may deny a permit for failure to meet
the requirements and conditions of this chapter or if the City determines that the denial is
necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way
and its current use.
Section 34.17. INST ALLA TION REQUIREMENTS. The excavation, backfilling,
patching and restoration, and all other work performed in the right-of-way shall be done in
conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stat. {i237.162 and {i237.163.
Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter
7560 and these ordinances. Service lateral installation is further subject to those requirements
and conditions set forth by the City in the applicable permits and/or agreements referenced in
Section 34.22, Subd. 2 of this ordinance.
Section 34.18. INSPECTION.
Subd. 1. Notice of Completion. When the work under any permit hereunder is completed,
the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300.
Subd. 2. Site Inspection. Permittee shall make the work-site available to the City and to
all others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
Subd 3. Authoritv of Superintendent.
a)
At the time of inspection, the Superintendent may order the immediate cessation
of any work which poses a serious threat to the life, health, safety or well-being of
the public.
b)
The Superintendent may issue an order to the permittee for any work that does not
conform to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the permit. Within ten (10) days after issuance of the order, the
permittee shall present proof to the director that the violation has been corrected.
If such proof has not been presented within the required time, the director may
revoke the permit pursuant to Sec. 1.22.
Section 34.19. WORK DONE WITHOUT A PERMIT.
Subd. .1. Emergency Situations. Each registrant shall immediately notify the director of
any event regarding its facilities that it considers to be an emergency. The registrant may proceed
to take whatever actions are necessary to respond to the emergency. Excavators' notification to
Gopher State One Call regarding an emergency situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply for
13
the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements
necessary to bring itself into compliance with this chapter for the actions it took in response to
the emergency.
Hthe City becomes aware of an emergency regarding a registrant's facilities, the City will
attempt to contact the local representative of each registrant affected, or potentially affected, by
the emergency. In any event, the City may take whatever action it deems necessary to respond to
the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the
emergency.
.
Subd. 2. Non-Emergencv Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay
double all the other fees required by the City code, deposit with the City the fees necessary to
correct any damage to the right-of-way, and comply with all of the requirements of this chapter.
Section 34.20. SUPPLEMENTARY NOTIFICATION. lfthe obstruction or excavation
of the right-of-wa)l begins later or ends sooner than the date given on the permit, permittee shall
notify the City of the accurate information as soon as this information in known.
Section 34.21. REVOCATION OF PERMITS.
Subd. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any
right-of-way pelmit without a fee refund, if there is a substantial breach of the terms and
conditions of any statute, ordinance, role or regulation, or any material condition of the permit. A
substantial breach by permittee shall include, but shall not be limited to the following:
a) The violation of any material provision of the right-of-way permit;
b)
An evasion or attempt to evade any material provision of the right-of-way permit,
or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its
citizens;
.
c) Any material misrepresentation of fact in the application for the right-of-way
permit;
d) The failure to complete the work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee's control; or
e) The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to Sec. 1.19.
Subd. 2. Written Notice of Breach. lfthe City determines that the permittee has
committed a substantial breach of a term or condition of any stature, ordinance, rule, regulation
or any condition of the permit, the City shall make a written demand upon the permittee to
14
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.
remedy such violation. The demand shall state that continued violations may be cause for
revocation of the permit. A substantial breach, ,as stated above, will allow the City, at its
discretion, to place additional or revised conditions on the permit to mitigate and remedy the
breach.
Subd. 3. Response to Notice of Breach. Within twenty-four(24) hours of receiving
notification ofthe breach, permittee shall provide the City with a plan, acceptable to the City,
that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan,
shall be cause for immediate revocation of the permit. Further, pernlittee's failure to so contact
the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably
implement the approved plan, shall automatically place the permittee on probation for one (1)
full year.
Subd. 4. Cause for Probation. From time to time, the City may establish a list of
conditions of the permit, which if breached will automatically place the pennittee on probation'
for one fall year, such as, but not limited to, working out of the allotted time period or working
on right-of-way grossly outside ofthe permit authorization.
Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as
outlined above, pennittee's permit will automatically be revoked and permittee will not be
allowed further permits for one fall year, except for emergency repairs.
Subd. 6. Reimbursement of City Costs. If a pennit is revoked, the permittee shall also
reimburse the City for the City's reasonable costs, including restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Section 34.22. MAPPING DATA.
Subd. 1. Information Required. Each registrant and permittee shall provide mapping
information required by the City in accordance with Minnesota Rules 7819.4000 and
7819.410(3. Within ninety (90) days following completion of any work pursuant to a permit, the
pennittee shall provide the director accurate maps and drawings certifying the "as-built" location
of all equipment installed, owed and maintained by the pennittee. Such maps and drawings shall
include the horizontal and vertical location of all facilities and equipment and shall be provided
consistent with the City's electronic mapping system, when practical or as a condition imposed
by the director. Failure to provide maps and drawings pursuant to this subsection shall be
grounds for revoking the permit holder's registration.
Subd. 2. Service Laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minnesota Rules 7560..0150 subpart 2, shall
require the pennittee's use of appropriate means of establishing the horizontal locations of
installed service laterals, and the service lateral vertical locations in those cases where the
director reasonably requires it. Permittees or their subcontractors shall submit to the director
evidence satisfactory to the director of the installed lateral locations. The director shall
reasonably determine the appropriate method of providing such information to the City. Failure
15
to provide prompt and accurate infoffi1ation on the service laterals installed may result in the
revocation of the permit issued for the work or for future permits to the offending pelmittee or its
subcontractors.
.
Section 34.23. LOCATION AND RELOCATION OF FACILITIES.
Subd. 1. Placement. Location. and Relocation. Placement, location, and relocation of
facilities must comply with the Act, with other applicable law, and with Minnesota Rules
7819.3100,7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise
available to cities.
Subd. 2. Corridors. The City may assign a specific area within the light-of-way, or any
particular segment thereof as may be necessary, for each type offacilities that is or, pursuant to
current technology, the City expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the City involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the corridors
established by the City shall, no later than at the time of the next reconstruction or excavation of
the area where the facilities are located, move the facilities to the assigned position within the
right-of-way, unless this requirement is waived by the City for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant.
Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found in a
right-of-way that have not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the
nuisance or taking possession of the facilities and restoring the right-of-way to a useable
condition.
Subd. 4, Limitation of Space. To protect health, safety, and welfare, or when necessary to
protect the right-of-way and its current use, the City shall have the power to prohibit or limit the
placement of new or additional facilities within the right-of-way, In making such decisions, the
City shall shive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular l.!tility service, the condition of the right-of-way, the time of year with
respect to essential utilities, the protection of existing facilities in the right-of~way, and future
City plans for public improvements and development projects which have been determined to be
in the public interest.
.
Section 34.24. PRE-EXCAVATION FACILITIES LOCATION. In addition to
complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice
System") before the start date of any right-of-way excavation, each registrant who has facilities
or equipment in the area to be excavated shall mark the horizontal and vertical placement of all
said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete
or asphalt surfacesha1J notify and work closely with the excavation contractor to establish the
16
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.
.
exact location of its facilities and the best procedure for excavation.
Section 34.25. DAMAGE TO OTHER FACILITIES. When the City does work in the
right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to
protect it, the City shall notify the local representative as early as is reasonably possible. The
costs associated therewith will be billed to that registrant and must be paid within thirty (30) days
from the date of billing. Each registrant shall be responsible for the cost ofrepairing any
facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible
for the cost of repairing any damage to the facilities of another registrant caused during the City's
response to an emergency occasioned by that registrant's facilities.
Section 34.26. RIGHT-OF-WAY VACATION.
Subd. 1. Reservation of Right. If the City vacates a right-of-way that contains the
facilities of a registrant, the registrant's rights in the vacated right-of-way are govemed by
Minnesota Rules 7819.3200.
Section 34.27. INDEMNIFICATION AND LIABILITY. By registering with the City, or
by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify
the City in accordance with the provisions of Minnesota Rule 7819.1250.
Section 34.28. ABANDONED AND UNUSABLE FACILITIES.
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all or a
portion of its operations in the City must provide information satisfactory to the City that the
registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully
assumed by another registrant.
Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the City.
Section 34.29. APPEAL. A right-of-way user that: (I) has been denied registration; (2)
has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not
in conformity with Minn. Stat. S 237.163, Subd. 6: or (5) disputes a determination of the director
regarding Section 34.22. Subd. 2 or this ordinance may have the denial, revocation, fee
imposition, or decision reviewed, upon written request, by the City Council. The City Council
shall act on a timely written request at its next regularly scheduled meeting, provided the right-
of-way user has submitted its appeal with sufficient time to include the appeal as a regular
agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition
will be in writing and supported by written findings establishing the reasonableness of the
decision.
Section 34.30. SEVERABILITY. If any portion oftrus chapter is for any reason held
invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
17
portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement
with the applicant, as allowed by law, in addition to requirements set forth herein."
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
.
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYISTJOE\2006
.
18
.
. MEMO
.
.
TO:
Judy Weyrens
FROM:
Tom Jovanovich
RE:
Sign Ordinance
OUR FILE NO.:
25077
DATE:
August 18, 2006
Matt Moehrle from our office has drafted a Sign Ordinance which attempt to meet the attack on
Sign Ordinances which is currently happening throughout the country. The Ordinance has been
sent to the League of Minnesota Cities for constitutional issues. We base the Ordinance on
recommendations from the League of Minnesota Cities, as well as other First Amendment cases.
Since this is a recent issue, we wanted the League to have input before the Planning Commission
sees this Ordinance.
This Ordinance must be reworked to include specific issues with respect to St. Joseph which do
not violate the constitutional issues.
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATIONS OF SIGNS
.
The Council of the City ofSt. Joseph hereby ordains:
That Ordinance 52.11 is revoked in its entirety and the following language is enacted in its place:
"Section 52.11: SIGNS
Subd. 1: Findings. The City Council hereby finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can create traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare.
d)
The city's zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
.
Subd.2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. The purpose and intent ofthis ordinance is to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare. .
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect pem1anent signs and discourage temporary and/or
portable signs.
.
.
.
.
c)
Improve the visual appearance ofthe City while providing for effective means of
communication, consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd.3: Effect. A sign may be erected, mounted, displayed or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d)
Provide for the enforcement of the provisions of this sign ordinance.
Subd.4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: I5~fj:iliti(')iis.
a) "Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning material.
b) "Balloon sign" - a sign consisting of a bag made oflightweight material
supported by helium hot or pressurized air which is greater than twenty four 24
inches in diameter.
c) "Canopy" - a roof like cover often of fabric plastic metal or glass on a support
which provides shelter over a doorway.
d)
"Flashing sign" - a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
.
e) "Marquee" - any permanent rooflike structure projecting beyond a theater
building or extending along and projecting beyond the wall ofthat building
generally designed and constructed to provide protection from the weather.
f) "Monument sign" - a free standing sign in which the entire base of the sign
structure is in contact with the ground, providing a solid and continuous
backbTfound for the sign face that is the same width as the sign from the ground to
the top of the sign. The base of the sign shall be constructed of a permanent
material such as concrete block or stone. The sign face shall occupy at least 50%
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
g) "Off-premise sign"- a commercial speech sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location
not on the same lot where such sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off-premise sign.
h) "Pole sign" - see Pylon Sign.
i)
"Pylon sign" - any freestanding sign which has its supportive structures anchored
in the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
.
j) "Sandwich board sign" - any freestanding sign which is composed of two pieces
of flat, rigid material in the shape of a square or rectangle that are hinged at the
top and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
k) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
1) "Wall sign"- any building sign attached parallel to, but within two (2) feet of a
wall, painted on the wall surface of, or erected and confined within the limits of
an outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface.
Subd.6: General Provisions. The following regulations shall apply to all signs hereafter
permitted in all districts:
a)
Signs shall not be permitted within the public right-of-way or easements, except
as erected by an official unit of government or public utilities for the direction of
.
.
b)
c)
d)
e)
.
.
traffic or necessary public information, unless approved by the appropriate
government entity.
Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
Flashing or rotating signs resembling emergency vehicles shall not be permitted
in any district.
No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as "stop" or "danger",
No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress for any building or
structure.
f)
Where a sign is illuminated, the source oflight shall not shine upon any part of a
residence or into a residence district or any roadway.
g)
p)Ii~ sign, regardless of its type, shall be permitted on each parcel of property in
any residential district, and each side of any such sign shall be limited to an
overall area of six (6) square feet. The limitations stated in this provision can
only be modified according to Subdivision 13 ofthis Section.
h)
The following types of signs are not pem1itted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs and
7, Flashing signs
8. Shimmering signs
5t WallBign
i) Pylon signs and off-premise signs shall not be permitted in any zoning district.
j) No sign shall be of such a nature or placed in such a position that it will cause
danger to traffic on a street.
k)
Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the property upon which the sign
stands upon notice by the Building Inspector. The owner, lessee or manager of
any sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the lot on which the sign is located. Hthe owner, licensee or
owner ofthe property fails to act in accordance with this paragraph, the City may
remove the sign in question upon the direction of the City Council, and all. costs .
incurred for removal may be charged to the owner of the sign and if unpaid,
certified to the County Auditor as a lien against the property on which the sign
was located.
.~;
1)
No sign shall project more than two (2) feet over a public sidewalk.
m) Signs shall not be located on the roof of a building.
n) No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission that the location of the sign does not
threaten the structural integrity of the building in question, cause a safety hazard
to any persons or property in the vicinity ofthe building in question, and is
aesthetically consistent with and non-offensive to the propeliies in the immediate
area of the building in question.
0) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed ?~9 square feet in surface area.
q)
Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
.
Subd.7: Temporary Signs.
a) Permit Required. Temporary or portable signs are allowed in any district only by
permit. The City shall not review or consider the content of any message to be
displayed on any portable or temporary sign when determining whether to grant a
permit. A fee set forth by resolution applies to a permit for temporary or portable
SIgnS.
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet. The maximum size of a portable or temporary sign in any
residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in anyone calendar year only after
application has been approved for location and placement.
d)
Illuminated Signs. Illuminated temporary or portable signs shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
.
.
.
.
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e)
One SiQIl Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f)
Ground Fault Circuit Interpreters. The intemal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g)
Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h)
Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 8: Exemptions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 9: Permitted Signs; Business Districts.
a) . Wall Signs. Each tenant other than those in multi -tenant buildings may have one
flat wall sign not extending more than 18 inches from the face ofthe building
except that such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed 15 of the area of the wall to which the
sign is attached, to a maximum of 96 square feet.
b) Monument Signs. Uses other than those in multi-tenant buildings may have a
monument sign that shall not exceed 80 square feet per surface area, and 15 feet
in height, and is setback a minimum 20 feet from the property lines.
c) Multi-Tenant Signs. Each tenant in a multi tenant building may have a flat wall
sign, not extending more than 18 inches from the face of the building. The
aggregate area of such signs shall not exceed 5% of the area of the wall to which
they are attached.
d)
Multi-Tenant Monument Signs. One monument sign shall be permitted for each
multi-tenant building provided the surface area of the sign does not exceed 100
square feet per side 15 feet in height, and is setback in no case less than 20 feet
from the propeliy lines. The area may be increased to a maximum of 150 square
feet per side for developments of over 20 acres.
.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms oflocation size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
Subd. 10: Design Standards for Downtown and High Visibility Corridors.
a) Design Standards for B-1 Central Business District. The following standards
pertain to signs within the B-1 Central Business District and are in addition to,
and supersede, other standards contained herein.
1. Pylon and free-standing permanent signs are prohibited in the B-1 District
directly adjacent to Broadway Street; except one monument sign may be
permitted per parcel of property provided the aggregate size of the
monument does not exceed one square foot for every one foot of frontage.
2.
Signs shall be architecturally compatible with the style, composition,
materials, C010TS and details of the building to which it relates and other
signs on other buildings within the B-1 District.
.
3. Signage should be simple and the signage should not overshadow or
dominate the character of the structure.
4. Illuminated signs should feature indirect lighting that is shielded from
view unless ornamental in nature. Signs capable of being lit in the
evening should limit the view of such lights from motorists and
pedestrians.
5. The overall design of all sign age including the mounting framework shall
relate to the design of the principal building on the property. For buildings
without a recognizable style, the sign shall adopt the decorative features of
the building, utilizing the same materials and colors.
6. Signs painted directly on window glass or hung in windows are permitted.
Such signs shall be counted toward the maximum size requirement and
shall be limited to 20% ofthe window area.
7.
The maximum height of a sign in a business district shall be .15 feet.
.
.
8.
Projecting signs are allowed in the B-1 District directly adjacent to
Minnesota Street and College provided:
a) The projecting sign does not extend beyond the first floor of the
building.
b) No less than ten feet of clearance is provided between the highest
point of the sidewalk and the lowest point of the projecting sign.
c) Cumulative projecting sign area is not greater than twelve square
feet and maximum sign width not greater than three feet.
d) Maximum distance between a projecting sign and the building face
doesn't exceed one foot.
9. Sandwich Board Signs are allowed only in the B-1 District directly
adjacent to Minnesota. Street and College provided:
a) No more than one sandwich board sign shall be allowed for each
tenant on a parcel of property.
b)
The sandwich board sign does not exceed 36" in height or 30" in
width.
.
c) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
d) The sign does not require any form of electricity or display lights
or moving parts.
e) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
f) The sign is made of superior quality, weather/wind resistant
materials.
g) The sign is not affixed to the sidewalk, other signage or temporary
or permanent structure.
h) The maximum aggregate square footage of allowable sign area is
not exceeded.
i)
The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless.
.
b)
Design Standards for Properties With Highway/Freeway Visibility. The
following standards pertain to signs within the B-2 General Business District, the
B-3 District and Industrial Districts which are visible from Interstate 94. These
standards are in addition to, and supersede, other standards contained herein.
1. The standards contained in this subdivision relate to signs on parcels
adjacent to or visible from principal arterials, minor arterials, and collector
streets.
2. Signs shall employ superior-quality, permanent materials. Natural
materials such as wood, brick, stone, glass, etc are highly encouraged.
3. Signs shall be architecturally compatible with the style, composition,
materials, color and details of the building to which it relates and other
structures within the applicable zoning classification.
4. Signage should be simple and non-obtrusive and should not overshadow
or dominate the character of any structure on the same parcel of property.
5. The use of natural color palettes in freestanding signage is highly desired.
6.
All freestanding signs shall employ landscaping that is aesthetically
pleasing and complimentary to the quality of uses within the area.
Subd. 11: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provISIOns:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c)
Should such nonconfonning sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required pennits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
.
.
.
.
.
.
d)
Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconfonning sign shall be enlarged, expanded or moved except in
changing the sign to a sign pennitted in the zoning district in which is it located.
f) \\Then a parcel of property loses its nonconfonning status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 12: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A permit is required for the placement of
these signs and a fee paid as set by Council resolution. The City shall not review or consider the
content of any message to be displayed on such signs when detennining whether to grant a
permit. In addition to the signs mentioned above, there shall be allowed, without a permit, one
(1) sign not exceeding four (4) square feet, and not more than six (6) feet in height, per lot in the
subdivision. All signs allowed according to this Subdivision shall be removed when 75 percent
of the lots in the subdivision are fully developed, or within two (2) years following the beginning
of development in the subdivision, whichever comes first. No signs allowed according to this
Subdivision may be illuminated.
Subd. 13: Non-Commercial Speech. Notwithstanding any other provisions ofthis sign
ordinance, all signs with a surface area of 100 square feet or less containing non-commercial
speech may be posted from September 1 in any general election year until seven (7) days
following the general election and eight (8) weeks prior to any special election until seven (7)
days following the special election. Signs permitted under this Subdivision shall be set back a
minimum distance of no less than fifteen (15) feet from the curb line, shall not be on any public
right-of-way, and shall not be permitted on school property or any other public lands.
Subd. 14: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-cormnercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
This amendment is adopted the
be effective upon publication.
day of
,2006, and shall
CITY OF ST. JOSEPH
This amendment was published on
L:\CITY\ST.10E\2006
By
Richard Carlbom, Mayor
.
By
Judy Weyrens, Administrator/Clerk
,2006.
.
.
. MEMO
.
.
TO:
Judy Weyrens
FROM:
Tom Jovanovich
RE:
Transportation Corridor Overlay Ordinance
OUR FILE NO.:
25077
DATE:
August 18,2006
The Transportation Corridor Overlay Ordinance 52.21 is substantially complete. Subdivision
8(f), which deals with street landscaping, is incomplete. Cynthia Smith-Strack is obtaining this
information from a landscaper.
ORDINANCE 52.21
TRANSPORT A nON CORRlDOR OVERLAY DISTRICT SITE AND DESIGN
STANDARDS
The Council of the City of St. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 52.21. Ordinance
52.21 shall state as follows:
"Section 52.21 : TRANSPORTATION CORRlDOR OVERLAY DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1. Intent.
a) This district is intended to protect and promote the health, safety and general
welfare of the public; to enhance the visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furthermore intended to maintain the long-term function of
arterial and collector roadways; to limit access and the number of conflict
points; to promote vehicular circulation; and to promote prevention or reduction
oftraffic congestion and danger in the public streets.
Subd. 2. Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
1. CSAH 75 Corridor:
a)
West of South Fork ofWatab River: areas within 300.fe~t from
the nearest edge of the CSAH 75 right of way.
b)
CSAH 75 West of 20th Avenue: areas within lill) feet from the
if.... ._.... ........._......_
nearest edge ofthe CSAH 75 right of way.
2. 20th Avenue Corridor:
a)
South of CSAH 75: areas within 300 feet from the nearest edge
of the 20th Avenue right of way.
b)
North of CSAH 75: areas within 300 feet from the nearest edge
of the 20th A venue right of way.
3.
CSAH 2JCSAH 3 Corridor:
"a) South.~f C~AH 75: areas yvithin 3QQ feet from "the; nearest edge
of the FUTURE CSAH2,right of way.
b. North of CSAH 75: areas within 300,feeqr()ffi,the.nearest edg~
.
,{ Deleted: 500
'rD~Ieted;-500.._----tt
Deleted: a) West of 4th Avenue
NW: areas within 300 feet from the
nearest edge of the CSAH 2 right ofway.'1
'1
'1
4, CSAH 3 Corridor:'1
'i
'-lD..eleted: ~" . ,. ,....__ ,n. )
I Deleted: 500 )
l.:_____._________~
.
.
.
.
of the CSAH 2/CSAH 3 right of way.
1-
1-94 Conidor:
a)
500 feet from the nearest edge of the 1-94 right of way.
Subd. 3. Exemptions. Single and two-family residential uses shall not be subject to,the
standards of the transportation corridor overlay district. However, at such time that a single or
two-family residential use is to be converted to another use it will be subject to the standards of
the transportation corridor overlay district.
Subd. 4. Uses Allowed. Pern1itted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses those allowed in the
applicable underlying zoning district(s).
Subd. 5. Setbacks, site coverage, building height, building requirements contained
within the applicable underlying zoning district shall apply. In addition the following standards
shall be observed. All buildings shall maintain a minimum setback of one hundred (100) feet
from the road right-of-way limit. Comer lots shall maintain two front setbacks.
Subd, 6. Parking Standards. The following standards shall be in addition to those
required within Section 84 of this ordinance relating to off-street parking and loading. Where
standards conflict the most restrictive standard shall apply.
a)
Parking areas shall be designed and located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed
in the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a fifty (50) foot setback from the
nearest external boundary of the applicable transportation corridor right-of-way
limit.
b)
Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the
parking lots shall be provided wherever possible. For development applications
adjacent to vacant properties, the site shall be designed and constructed to
provide for a future connection.
c) Parking lot landscaping. All development sites shall landscape an area
equivalent to fifteen (15) percent of the total area of the required parking lot.
Said required landscaping shall be employed within the subject parking lot and
adjacent to walkways within and leading to/from the subject parking lot.
Subd. 7. Sign Standards. The following standards shall be in addition to those required
within Section 52.11 of this ordinance relating to signs. Where standards conflict the most
restrictive standard shall apply.
a) Free-standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the transportation corridor right-of-way.
'r Deleted: 5
b) Free-standing signs within the required landscaped greenway shall be designed
in a manner complementary to the landscaped greenway.
c)
Free-standing identification signs shall have a low-profile design not more than
eight (8) feet in height and shall be designed to complement and reflect the
architecture of the building.
e
Subd. 8. Site Design Standards.
a) Viewsheds.
1. View sheds shall be defined as the area between two separate locations
wherein an uninterrupted view of each point is maintained. The
viewshed in the transportation corridor overlay district shall at a
minimum correspond to a forty (40) foot landscaped greenway as
measured from the nearest edge of the applicable right of way.
2. Viewsheds shall be considered in all development proposal applications
within the transportation corridor overlay district.
3. Development shall be designed to minimize the visual intlUsion of all
buildings, stlUctures, and landscaping in the viewshed.
b) Outside storage/display of goods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the conidor roadway by the employment of a vegetative buffer. This
standard is in addition to those required within the underlying zoning
classification and Section 52.10, Subd. 10 of this ordinance relating to outdoor
storage. Where standards conflict the most restrictive standard shall apply.
c)
Utilities. Utility lines, including electric, cable and telephone, to serve the
development project shall be installed underground. All junction and access
boxes shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown
on the site plan and integrated with the architectural elements of the site. In
redeveloping areas within the transportation corridor overlay placement of
utility lines underground is highly encouraged.
.
d) Fences.
1. This standard is in addition to those in Section of this ordinance relating
to fencing. Where standards conflict the most restrictive standard shall
apply.
2. Fences exceeding four (4) feet in height shall be located in the side and
rear yards only.
3. Chain link fences, including those with slats are prohibited when visible
from the public right-of-way.
.
4. No fence shall be permitted in the front yard, except that those provided
to enhance the visual appearance of the site/landscaping plan may be
allowed provided they do not exceed two feet in height and are of a
reasonable linear length.
.
e)
Mechanical equipment. Mechanical equipment shall be shielded and screened
from the public view and designed to be perceived as an integral part of the
building.
f) (CONSIDER ADJACENT TO CSAH 2) Street tree landscaping. In all
instances where commercial and/or multi-family residential districts are
adjacent to any public streets... (NOTE: DESIGN STANDARDS ARE
REINe; OBTAINIW BY CYNTHIA SMITH-STRACK)
Subd. 9. Building Layout/Design.
a) Integrated development. All buildings within the property shall be developed as
a cohesive entity, ensuring that building placement, architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear)
that are visible from the public light-of-way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clustering. Buildings shall be clustered together to preserve natural and
landscape open areas along the transportation corridor. Buildings shall be
arranged in a manner that creates well-defined open space that is viewable from
the traveled portion of the corridor.
c) Architectural Appearance/Scale.
.
1.
New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
facade orientation. Large flat expanses of featureless exterior wall shall
be avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25-30 feet to break down the scale of the
building into smaller components.
2. Orientation. Building facades and entrances should be oriented in a
manner toward the primary means of vehicular access.
3. Scale and proportion. New construction should relate to the dominant
proportions of buildings and streets cape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right-of-way.
5. Any facade with a blank wall shall be screened with vegetative
.
treatments and/or the installation faux architectural treatments (e.g.
fenestrations) so as to break up thei mass and bulk of the facade in a
manner fitting the intent of this section.
d)
Materials. Building materials shall be typical of those prevalent in commercial
areas, including, but not limited to, stucco, brick, architectural block, decorative
masonry, non-reflective glass and similar materials. Architectural metal may be
used for a portion of facades facing public rights of way but shall not be the
dominant material employed with windows ,and doors being excluded from this
calculation.
e
e) Color. The permanent color of building materials (to be left unpainted) shall
resemble earthen tones prevalent in nature. iShowy and striking colors shall be
avoided.
f) Lighting:
1. All outdoor lighting fixtures shall be down-directed, with light trespass
not to exceed 0.5 foot-candles at the property line.
2. All island canopy ceiling fixtures shall be recessed.
3. Whenever possible commercial lighting should be reduced In
volume/intensity when said commercial facilities are not open for
business.
Subd. 10. Vegetative Screening/Buffers.
a) This standard is in addition to those in Section 52.12; Subd. 3 of this ordinance
relating to landscaping. Where standards conflict the most restrictive standard
shall apply.
b)
Any required vegetative/planting screen. shall be designed, planted and
maintained in accordance with a landscaping plan approved by the Zoning
Administrator.
.
c) The painting screen shall provide an effec;tive buffer between the area to be
screened and the adjoining roadway or commercial/industrial development.
d) The planting screen may be comprised of previously existing vegetation
(provided that the majority of such existing vegetation is trees), new plantings or
any combination of existing vegetation and, new plantings. When complete, the
vegetation and plantings shall provide a dense year-round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
and/or shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on-site inspection by the City which, if
.
.
.
.
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
g)
The property owner shall maintain vegetative/planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
h) Vegetative buffering. In all instances where commercial and/or multi-family
residential districts are adjacent to single-family residential districts, and in alJ
instances where commercial districts are adjacent to multi-family residential
districts, there shall be established within the commercial and/or multi-family
distJict, as applicable, a screened yard of vegetative buffering between the
districts. The arrangement and spacing of the vegetative buffer shall be provided
in such a mamler as to effectively screen the activities of the subject lot. It shalJ
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line."
This Ordinance is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This Ordinance was published on
,2006.
L:ICITYISTJOE\2006
.
.
.
AMENDMENT TO ORDINANCE 52.31"
B-2 HIGHWAY75 BUSINESS DISTRICT
The City Council for the City of St. Joseph hereby ordains that Ordinance 54.32, Subd. 3, is
amended as follows:
"Subd.3: Permitted Accessorv Uses. The following uses shall be pemlitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Residential dwelling as long as it is located above a commercial permitted use
at least by one floor and the commercial permitted use is at minimum 30% of
that building use.
c)
Signs which meet the criteria of the Sign Ordinance,
d) Temporary buildings for construction purposes for a period not to exceed
construction.
e) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
f) Fences, landscaping."
This amendment is adopted the _ day of
be effective upon publication.
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\city\stjoe\2006
-r'D;;I~t~d;Z---._._--_._----~
-l Deleted: Subdivision 9 orih;s section.
. MEMO
TO:
Judy Weyrens
FROM:
Torn Jovanovich
RE:
General Parking Ordinance
OUR FILE NO.:
25077
DATE:
August 17, 2006
RE: General Parking Ordinance
At the last Ordinance meeting with department heads, it was requested that I remove all parking
lot standards from the Zoning Ordinance and make a reference to the General Parking
Ordinance. I have reviewed the Zoning Ordinance and have found some references to parking.
However, I do not believe these provisions should be deleted from the Zoning Ordinance and
referenced to the General Parking Ordinance. These conditions regarding parking are more
appropriate in the Zoning Ordinance. Accordingly, anyone reviewing parking standards must
both review the underlying Zoning District and the Parking Ordinance.
. Those provisions which will remain in the Zoning Ordinance are as follows:
1. Ordinance 52.14, Subd. 5( e) Internal Streets
(5) No parking allowed on internal streets
(7) All streets shall be posted with no parking sign
2. Ordinance 52.14, Subd. 5(g) Off Street Overload Parking Required
The above parking requirements with respect to manufactured homes are the only parking
references in the current Zoning Ordinance which specifies specific parking issues. Again, I
would recommend leaving those there.
.
AMENDMENT TO ORDINANCE 84
GENERAL PARKING ORDINANCE
The Council of the City of St. Joseph hereby ordains:
That Ordinance 83 of the S1. Joseph Code of Ordinances is hereby revoked.
That Ordinances 35.13 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 52.10 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 53.02 ofthe 8t. Joseph Code of Ordinances is hereby revoked.
That Ordinance 84 is revoked in its entirety and the following language is enacted in its place:
"Section 84.01: INTENT. The intent of this section of the zoning ordinance is to
establish standards for parking in the City of St. Joseph. The regulations provided herein shall
apply equally to all districts except where provided otherwise.
Section 84.02: DEFINITIONS. As used in this ordinance the following terms shall
mean:
Subd. 1: Semi Trailer. EvelY vehicle without mode of power designed for carrying
persons or property and for being drawn by vehicle and so constructed that some part of its
weight and some part of its load rests upon or is carried by another vehicle.
Subd.2: Trailer. Every vehicle without mode of power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon another towing vehicle.
Subd.3: Truck. Every motor vehicle designed, used or maintained primarily for the
transportation of persons and/or property. and which has a gross vehicle weight of 12.000 Ibs. or
more. Yo. .. .... .... ..
Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Subd. 5: Street or Highway. The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public as a matter of right or purpose of
vehicular traffic.
Subd. 6: Residents District. All that tenitory defined as either single family or
residential or multiple residential district in the zoning ordinance for the City of St. Joseph.
.
.
'Lo.:~:te'!:.:.._.___.__----.J
.
.
.
.
Subd. 7: Trailer Home and/or Mobile Home. Shall mean and include any structure used
for sleeping, living, business or storage purposes, which is or has been equipped with wheels for
the transportation thereof from place to place, and the fact that the wheels have been removed
therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom,
excepting a device used exclusively upon a railroad track operated by a railroad company.
Subd.8: Person. Shall include the singular and the plural, and shall mean and include
any individual, corporation, partnership, or other association of persons.
Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not
specifically designated as a "trailer park" or "mobile home park".
Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile
home", or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof.
Subd.l1: Trailer Park and/or Mobile Home Park. Shall mean adesignated area
specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the
State of Minnesota, and approved by the City of S1. Joseph.
Subd. 12. Parkill~ Space. A land area or not less than] 80 square feet exclusive of
dIivewavs and aisles. of such shape and dimensions and so pEP-ared as to be usable for the
parking of a motor vehicle. and so located as to be readily accessihle to a Dubhe street OJ' alley.
Surfaces of a "parking space" shall be constructed as set forth in Ordinance 84. Subd. 5( d)'
Section 84.03: GENERAL PARKING.
Subd. 1: Angle parking shall be required on such streets as shall be designated by
appropriate resolution of the City Council. On any such street, every vehicle parked shall park
with the front of the vehicle facing the curb or edge of the traveled portion of the street at an
angle of approximately 45 degrees and shall face the curb between the painted or other markings
on the curb of the street indicating the parking space. All such streets shall be marked by
appropIiate signs indicating that angle parking is required. On all other streets, parallel parking
shall be required according to state law heretofore adopted by reference.
Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any
one place for a longer continuous period of twenty-four (24) hours. Vehicles must be moved at
least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have
remained stationary in violation ofthis subdivision. It is unlawful to remove any mark made by a
Police Officer for determining the length of time a vehicle, trailer or other object remained
parked.
Subd.3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing
in the opposite direction of the traffic flow. All vehicles must be parked on the side of the street
that traffic flows.
2
Subd.4. No vehicle shall park in area that is not designated a street, boulevard, or alley.
Specifically, no vehicle shall be parked on grass or other landscape material located off of street,
boulevard, or alley.
Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT.
Subd. 1: It is hereby established that the district known as a congested district within
which the rules set forth in this section shall be enforced. The congested district shall include the
following streets: All of Minnesota Street, all of Ash Street between Second A venue West and
Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First
Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of
County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in
the Original Townsite of the City of St. Joseph.
Subd. 2: The City Council by resolution may establish "no truck parking" zones in the
congested district and shall mark by appropriate signs any zones so established. No person shall
park a commercial vehicle of more than one ton capacity on any street in any "no parking zone",
for parking of such vehicles for a period of not more than 30 minutes may be permitted in such
zone by the Chief of Police for the purpose of having access to abutting property when such
access cannot be conveniently secured from an alley or from a side street where truck parking is
not restricted.
Subd. 3: The City Council by resolution may designate certain blocks within the city as 5
minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark
by appropriate signs any zones so established. No person shall park any vehicle in any limited
parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer
than specified on signs marking that zone, or without the appropriate permit for ~~Il11itC!I?1Y::_ m
zones.
Subd.4: No person in charge of a motor vehicle, whether as owner or otherwise, shall
park or be permitted to stand upon any street or highway in the congested disnict for more than
30 minutes between the hours of 2:00 a.m. and 6:00 a.m. unless otherwise designated by
appropriate signs.
Subd. 5: Upon application and payment of any applicable permit fees, the City
Clerk! Administrator may issue a permit to park in permit only limited parking zones. All
information requested in an application form prepared by the Clerk/Administrator shall be
provided. Failure to provide infoffi1ation shall be considered grounds for denial of the permit.
No more than five permits shall be issued per parking space. Each permit shall be valid for a
period of one year from the date of issuance and shall be nontransferable. The City Council
may, by resolution, establish permit fees in accordance with Section 14.4.
Section 84.05: SNOW SEASON PARKING.
Subd. 1: There shaH be no parking on any City street from November 1 to April 1 during
the hours of2:00 o'clock A.M. and 7:00 o'clock A.M.
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Subd.2: Any vehicles parked in violation of Section 84.03.1, which interfere with the
plowing or removal of snow, are subject to immediate towing at the owner's expense.
Section 84.06: OBSTRUCTION OF PRIVATE DRIVE.
Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or
private roadway, or on a private driveway or private roadway, without the express or clearly
implied consent of the owner of the private driveway or private roadway.
Subd.2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or
roadway if the location of the parked vehicle:
a) Blocks the driveway or roadway from use by other vehicles.
b) Significantly hinders or slows other vehicles attempting to pass the parked
vehicle.
c) Forces other vehicles to leave the main traveled portion of the driveway or
roadway to pass the parked vehicle.
Subd.3: Vehicles parked in violation of this section are subject to immediate towing at
the owner's expense.
Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS. TRUCKS AND TRUCK
TRACTORS.
Subd. 1: Declaration of Nuisance. The parking of the following vehicles in an area of
the City zoned R-l, R-2, R-3, or R-4 is found to create a nuisance and detrimental influence upon
the public health, safety, prosperity, good order and general welfare of such district by
obstructing the view of streets and of private properties, bringing unhealthful and annoying odors
and materials into the residential neighborhoods, creating cluttered and otherwise unsightly
areas, preventing the full use of residential streets, residential parking, introducing commercial
advertising signs into areas where commercial advertising signs are otherwise prohibited, and
otherwise adversely affecting residential property values in the neighborhood patterns. It shall
be unlawful for any person owning, driving or in charge of a semi trailer, to park the same in a
zoned district R-1, R-2, R-3, or R-4 nor within 100 feet of any residence for more than 60
minutes. It shall also be unlawful for any person owning, driving, or in charge of a truck with a
refrigeration unit running to park the same in a zoned district R-1, R-2, R-3, or R-4 or within 200
feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning,
driving or in charge of a truck tractor to park the same in a zoned district R-l, R-2, R-3, or R-4 or
within 200 feet of any residence for more than 60 minutes.
Subd. 2: Cattle Truck Parking. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting
livestock for a period exceeding one hour.
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Subd.3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks are not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles generally, as provided by herein or by state law.
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Section 84.08: OFF STREET PARKING
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking. The regulations provided herein shall apply equally to all
districts except where special provisions provide otherwise.
Subd. 2; Scope of Parking and Loading Requirements.
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd.3; General Parking Provisions.
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of Section 52.10,
Subd.5K.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c)
Whenever a use requiring off-street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
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d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, 1 ess ten (10) percent.
e) Off-street parking facilities for dwelling shall be provided and located on the
same lot orparcel ofland as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
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g) Where a use is not specifically mentioned, off-street parking requirements shall be
the same as for similar use.
h)
Nothing in this section shall be construed to prevent collective provisions of
off-street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area.
i) Nothing in this section shall prevent the extension of, or an addition to a building
or structure into an existing parking area which is required for the original
building or structure when the same amount of space taken by the extension or
addition is provided by an enlargement of the existing parking area.
j) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection oflot lines.
k) Curb cut openings shall be a minimum of five (5) feet from the side property line.
1) All properties shall be entitled to at least one (1) curb cut. Single-family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width (the 24-[00t width shan include 18-[001 width plus 3-[00t taper
width on each side).
Subd.4: Required Off-Street Parking. The amount of required off-street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following table, and the space so required
and shall be irrevocably reserved for such use, except these requirements shan not apply to uses
in existing buildings within the Central Business District of St. Joseph. The amount of required
off-street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the following boundaries: Properties lying to the
West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of
Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and
Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite ofSt. Joseph.
a) SingJe familv. two family non-rental residential units. Two (2) spaces per unit.
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b)
Boarding house. rooming house. bed and breakfast. multiple family dwellings and
rental residential dwellings. One and one-half (1 Vz) spaces for each sing1e-
bedroom dwelling, two and one-half (2 112) spaces for each two-bedroom
dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedroom within the dwelling. Any bedroom larger
than 140 square feet shall be considered as two bedrooms for the purpose of
determining the total number of bedrooms within a dwelling. Fractional numbers
shall be rounded up to the next highest whole number.
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c) Motels, motor hotels. hotels. One (1) space per each rental unit and one (1) space
for each employee on any shift.
d) Church. theater. auditOlium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical. chiropractic. dental or hospital out-patient clinics. One (1) space for
each one hundred. ten (110) square feet of net floor area or seven (7) spaces per
doctor, whichever number of parking spaces is greater.
g) Long Term Care Facilities. Assisted Living Centers. Rest Homes and Retirement
Homes. One (I) space for each two (2) beds for which accommodations are
offered and one (I) for each employee on any shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i)
Drive-in restaurant and convenience food. At least one (I) parking space for each
thirty-five (35) square feet of gross floor area, but not less than fifteen (15)
spaces.
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j) Office buildings and professional offices, other than medical. chiropractic. dental
or hospital out-patient clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
k) Bowling alley. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
1) Automotive Service Station. At least four (4) off-street parking spaces plus two
(2) off-street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
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m) Retail store and service establishment. At least one (1) off-street parking space
for each three hundred (300) square feet of floor area.
n)
Retail sales and service business with fiftv (50) percent of gross floor area
devoted to storage. warehouses and/or industry. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus one (1)
space for each one thousand (1,000) square feet of storage area or one (1) space
for each employee on the maximum shift which is appropriate.
0) Restaurant, and cafes. At least one (1) space for each four (4) seats used by
patrons, plus one (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or dlinks. bars. taverns. nightclubs. At least one
(1) space for each fifty (50) square feet of gross floor area.
q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
r) Manufacturing. fabricating or processing of a product or material, warehouse.
storage. handling or bulk goods. post offices. At least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
employment or at a minimum one (1) space for each five hundred (500) square
feet of floor area.
s) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (1) space for each employee on the maximum shift.
2.
Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
Subd.5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off-street parking shall be constructed and maintained subject to the
following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to Valiance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
permitted in an industrial area are limited to Class 2 crushed granite which
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conforms to the requirements ofMN/DOT specification 3138 with visual
evidence of further consolidation.
b)
Parking lots existing on or before January 1,1996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use of the property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
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c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as permitted in an industrial area by special use permit
or vanance.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained.__C.Jdrb~.l\h.~jl be_".9nCL~~
curbs to 13-612 specifications for all automobile stops and for a11 drive and
parking areas.
g)
Plans for the construction of any such parking lot must be approved by the
Planning Commission before construction is started. No such land shall be used
for parking until approved by the Planning Commission.
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h)
No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet nor more than eight (8) feet in height.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
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public street or alley and such design does not require backing onto the public
street.
k)
Except in the cases of single-family, two-family and townhouse developments,
parking lot dimensions are set forth in the table below. Circulation patterns shall
allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle Walllwall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg I-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg I-way 9' 18.0' 16.5' 18' 54' 51.0
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with current ADA requirements. Where bumpers overhang
sidewalks, allow 2.5 feet of clearance for the overhang before considering
useable sidewalk width.
1) Drainaf?:e and Surfacing. Dliveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basi~s, sumps and underground storm sewers may be required.
m) Stliping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n)
Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
0) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, stliping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trncks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off-street loading provided on the basis of the following:
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Gross Floor Area
square feet
5,000 to 16,000
16,000 to 40,000
40,000 to 70,000
70,000 to 100,000
each additional 40,000
Minimum required
loadini! berths
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2
3
4
1 additional
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Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet
wide.
Section 84.09. PARKING. LOCATION AND USE OF TRAILER HOUSES AND MOBILE
HOMES
Subd. I: Prohibitions. It shall be unlawful for any person to park, or to permit the
parking of any trailer house or mobile home owned by him or under his control on any street,
alley, or other public place or in any residential area, as above defined, within the City, except
that the parking of only one unoccupied trailer house in an accessory private garage building or
in the rear yard of any privately owned yard is hereby permitted provided no living quarters be
maintained, or any business practiced at said trailer while such trailer is so parked or stored.
Subd.2: Licensing Required. The owners of all trailer houses or mobile homes shall be
required to pay the current Minnesota State License fee or tax each year.
Section 84.10. PUBLIC PARK PARKING
Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be
restricted to their designated parking areas. In those parks where roadways extend into and
through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons
must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond
the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain
vehicles are to be considered motor vehicles.
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Section 84.11: AUTHORITY TO REMOVE VEHICLES PARKED IN VIOLATION
OF THIS ORDINANCE.
Subd. 1: Any vehicle found parking in violation of this ordinance or the laws of the State
of Minnesota, is hereby declared to be a nuisance and may be similarly abated by, or under the
direction or at the request of a police officer by removing and impounding the vehicle by means
of towing or otherwise, and shall be surrendered to the duly identified owner thereof or his agent
upon the payment of fees hereinafter provided.
Subd.2: A towing charge in connection with the impounding of any vehicle shall exceed
the amount agreed upon in any cun'ent contract between the City of S1. Joseph and the duly
designated garage owner, a true and correct copy of which shall be on file in the office of the
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City Clerk/Administrator for public inspection and reference, and the scheduled charges of the
current. contract is hereby made a part of this chapter as fully and to the same effect as if set forth
herein verbatim. In addition to the towing charges, an administrative fee shall also be charged to
the owner of any vehicle found to be in violation of this ordinance.
Subd. 3: Before the owner or his agent may be permitted to remove the vehicle
impounded pursuant to this section, he must furnish satisfactory evidence of his identity and
ownership of the vehicle and he must pay the fees for towing and storage of the vehicle as-set
forth in the contract between the City and the garage, plus the administrative charge hereinbefore
set forth, and he shall sign a written receipt for the vehicle. It shall be unlawful for any person to
reclaim the vehicle so impounded without first paying all ofthe towing and storage fees provided
herein. The garage owner shall not release any vehicle designated as a police "hold" without oral
release thereof from the Chief of Police or his authorized representative.
Section 84.12: OWNER'SRESPONSIBILlTY. Where any motor vehicle is found
parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of
the registered owner as well as the act ofthe person actually parking the vehicle.
Section 84.13: REGISTERED OWNER. For purposes oftrus ordinance, the registered
owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It
shall be a defense to any violation if the registered owner shows that on the date of the offense
title to the vehicle has been transferred to another.
Section 85.14: SEPARABILITY. EvelY section, provision or part of this Ordinance is
declared separable from every other section, provision or part, and if any section, provision or
part thereof shall be declared invalid, this shall not affect any other section, provision or part.
Section 53.15: PENALTY. Any person who violates or fails to comply with the
provisions of this Ordinance shall be guilty of a misdemeanor."
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYISTJOE\2006
12
CHAPTER VIn & IX - TRAFFIC & MOTOR VEHICLES
ORDIN/..NCE 83 P/;..>.IUCING OF SEMI TR/,ILERS, TRAILERS, TRUCKS /"ND TRUCK
TR/"CTORS .... ....... ........... .......... ........ ................. ........ ....... ....... .... ........... 83 1
Scction 83.01: DEFINITIONS....... ............... .............. ................. ........... ........... ......... ...... 83 1
Section 83.02: DECL^..R}"TION OF NUISANCE........................................................... 83 1
Scction 83.03: C/~TTLE TRUCK P /"RKING .................................................................. 83 2
Section 83.01: OVERNIGHT P J\RK1NG ........................ ................. ............................... 83 2
Section 83.05: RESTRICTIONS CUMUL/.. TIVE ...................... .....................................83 2
Scction 83.06: PEN/..L TY ......... .......... ....... ......... .... ......... ....... .... ...... ....... ........... ............. 83 2
83-0
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CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES
ORDINf,-NCE 83
PARYJNG OF SEMI TR/,-ILERS, TRf,-ILERS, TRUCKS AND TRUCK
TR./\CTOR.S
Section 83.01: DEFINITIONS. As used in this ordinance the follo.wing terms shall
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Subd. 1: Semi Trailer. Every vehicle 'v','ithout mode of po\ver designed for cmTying
persons or property and for being drawn by vehicle and so constructed that some part of its
"voight and somo part of itsloud roots upon or is curried by another vchicle.
Subd. 2: Trailer. Every vehicle 'vyithout mode of po\ver designed for currying persons or
property and for being drmvn by a motor ''?ehicle and so constructed that no part of its weight
rests upon another to'.ving vehicle.
Subd. 3: ~. Eyery motor vehicle designed, used or maintained primarily for the
transportation of persons and property.
Subd. 1: Truck Tractor. Every motor vehicle designed and used primarily for drav/ing
other 'v'ehicles and not so constructed as to curry a load other than a part ofthe weight of the
vehicle and load so drawn.
Subd.5: Street or HiglrvVav. The entire \vidth between the boundary lines of m1Y way or
place when any part thereof is open to the use of the public as a matter of right or purpose of
yehicular traffic.
Subd.6: Residents District. fJl that territory defined as either single family or
residential or multiple residential district in the zoning ordinance for the City of St. Joseph.
Section 83.02: DECU\Rf,-TION OF NUISf,-NCE. The parking ofthe following
vehicles in an area ofthe City zoned R 1, R 2, R 3, or R hi is found to create a nuisance and
detrimental influence upon the public health, safety, prosperity, good order and general 'Nelfare
of such district by obstructing the 'view of streets and of private properties, bringing unhealthful
and annoying odors and materials into the residential neighborhoods, creating cluttered and
otherwise unsightly areas, preyooting the full use of residential streets, residential parking,
introducing commercial adyertising signs into areas whore commercial advertising signs are
othOf\vise prohibited, and othOf\','ise adversely affecting residential property values in the
neighborhood patterns. It shall be unla'v'lful for any person o'vvning, dri'v'ing or in charge of a
semi trailer, to park the smnc in a zoned district R 1, R 2, R 3, or R M nor ',:vithin 100 feot of any
rosidencc for more than 60 minutes. It shall also be unlawful for any person owning, driving, or
83-1
CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES
in charge of a track with n refrigeration unit running to park the samo in a zoned district R 1, R
2, R 3, or R M or within 200 feet of any residence for morc than 60 minutes. It "hall also be
unlavdul for an)" person oVll1ing, driving or in charge of a truck tractor to park the same in a
zoned district R 1, R 2, R 3, or R M or vv'ithin 200 feet of illlY residence for more than 60
minutes with the engine rurming.
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Section 83.03: CATTLE TRUCK P f...RKING. It shall be unlmvful to leave standing
upon any street or public alley in the City of St. Joseph, any cattle truck or '/cllic1o regularly used
for transporting livestock for a period exceeding one hour.
Section 83.01: OVERNIGHT PARKING: No trailer or other object shall remain parked
for more than forty eight (48) hours upon any street or alley. Any trailer, which i::; moved less
than one (1) block, shall be deemed to have remained stationary in violation ofthis subdivision.
It is unlawful to remove any mark made by a Police Officer to determine the length of time a
trailer or other object remained parkod.
Section 83.05: RESTRICTIONS CUMULATIVE. The restrictions of this Ordinance
relating to the parking of trucks arc not to be construed as exclusive, but rather as in addition to
the parking restrictions \vhich apply to all motor yehic1es generally, as provided by state law or
other Ordinance pro','isions.
Section 83.06: PEN1\LTY. Any person violating tho provisions of this ordinance shull
be guilty of a misdemeanor.
Updated Seetiofl 83.01, 83.05 and 83.06 on 9!2005
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S f 35 13' HOTOR VEHICLE USE. All vehicles, whether motorized or non
oe 1011 . . Y f fl 1 "fl e feaElmays
t . '7 d shall be restricted to their designated pm"king areus. n t ose par (S 'v, er . n "
:~e~~i~lt; and through the parks, no "chicles shall drive at a speed in excess of fiY~, ~:l~S per
h' ^ 11 ersons mUGt operate their vehicles in a safe and reasonable manner. No, e Ie es are
t:~~~te:';d :eyond the roadv/ay or parking areas. For purposes. onhis 3ection, three whoe1 and
four wheel all tenain vellic1es arc to be considered motor vohlc1es.
ORDINANCE 52 - ZONING ORDINANCE
Section 52.10: OFF STREET P /"RKING
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Subd. 1: l!@ill. The intent of this section of the zoning ordinance is to establish general
standards for off street parking. The regulations provided herein shall apply equally to all
districts except '.",here special provisions provide otherwise.
Subd. 2: Soope of Parking and Loading Requirements.
a) In all zoning districts, off street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons ofthe buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd.3: General Parking Provisions.
a) Loading space shall not be construed as supplying off street parking space.
Minimum parking dimensions shall meet the requirements of Section 52.10,
Subd. 5K.
b)
"Then units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest v;hole number.
.
c) \V'honever a use requiring off street parking is increased in floor area, and such
use is located in a building existing on or before the effective datc of this
Ordinance, additional parking spacc for the additional floor area shall be pro'/ided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor .'\rea," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including arcus occupied for fixtures and equipment used for displny or sale of
merchandise, less ten (10) percent.
e) Off street parking facilities for dV/elling shall be provided and located on the
same lot or parcel ofland as the building they are intended to serve.
f) \"\I11en off street parking is required, it shall be designated for that purpose and the
individual parking stans appropriately striped.
g)
\Vhere a use is not specifically mentioned, off street parking requirements shall be
the same as for similar use.
.
52.1 0-1
.
.
.
ORDINANCE 52 - ZONING ORDINANCE
h)
Nothing in this section shall be construed to prevent collective provisions of
off streot parking facilities for t'.'IO (2) or more buildings or uses provided,
co11echye1y, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance 'vvith the table, and
Subdivision 1 bolm.\', said buildings or uses are '.vithin 350 foot oHhe parking
iffefr;-
i) Nothing in this section shall prevent the extension of, or an addition to a building
or structure into an existing parking area which is required for the original
building or structure '1/hen the same amount of space taken by the extension or
addition is provided by an enlargement of the existing parking area.
j) No curb cut access shall be located less than t'v'fenty (20) feet from the intersection
oft'vvo (2) or more street right of ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection onot lines.
Ie) Curb cut openings shall be a minimum offive (5) feet from the side property line.
1) f...ll properties shall be entitled to at least one (1) curb cut. Single family uses
shall be limited to one (1) curb cut access per property measuring no more than 21
feet in width.
Subd. 1: Required Off Street Parking. The amount of required off street parking space
for ne'l/ uses or buildings, a-dditions thereto and additions to existing buildings as specified
previously, shall be determined in accordance '.':ith the follo'vVing table, and the space so required
and shall be irrcyocably reserved for such use, except these requirements shall not apply to uses
in existing buildings 'Nithin the Central Business District of St. Joseph. The amount of required
off street parking in the Central Business District for existing or ne'.'; uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be detcnnined by the Planning Commission \','ith approval by the City Council prior to the
issuance of a building permit. TIle amount of parking space required shall be based on the
anticipated demm1d for parking m1d loading space, the length of '/isits generated by the particular
business, and thc availability of other parking spaces in the Central Business District. The
Central Business District shall be located \';ithin the follo'.';ing boundaries: Properties l~ying to the
\Vest of First f..venue Northeast; lying East of Second Avenue North'v':est; lying North of
Milmesota Stroet; and lying South oHhe east\vest alley v:hich is bet'Neen Minnesota Street and
f..sh Street. The lots v:ithin the Central Business District are: Lots 4, 5, and 11 through 15 of
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 1, all in the Original
Townsite ofSt. Joseph.
a) Single family, tvv'O family non rental residential units. TV/o (2) spaces per unit.
b)
Boarding house, rooming house. bed and breakfast multiple family dwellings and
rental residential d'.'v'ellings. One and one half (1 V2) spaces for each single
bedroom dwelling, two and one half (2 1/>:) spaces for each t'vvo bedroom
dvv'elling, four (1) spaces for each throe bedroom dv,'ellin;;, and an additional 1.25
52.10-2
ORDINANCE 52 - ZONING ORDINANCE
spaces for each additional bedroom 'vvithin the d'vvelling. Any bedroom larger
than 1-10 square feot shall be considerod as t'vYO bedrooms for the purpose of .
dctennining the total number of bedrooms ',vithin a d'l/elling. Fractional numbers .
shall be rounded up to the next highest ',','hole number.
c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (1) space
for each employee on any shift.
d) Church, theater, auditorium. /,..t least one (1) parking space for each four (1) seats
based on the design capacity ofthe main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical, chiropractic, dental or hospital out patient clinics. One (1) space for
each one hundred ten (110) square feot of net floor area or seven (7) spaces per
doctor, 'vvhichever number of parking spaces is greater.
g) Long Tenn Care Facilities, Assisted Living Centers, Rest Homes and Retirement
Homes. One (1) space for each t\VO (2) beds for ',vhich accommodations are
offered and one (1) for each employec on any shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i)
Dri'/e in restaurant and con':enionce food. /....t least one (1) parking space for each
thiliy five (35) square feet of gross floor areu, but not leGS than fifteen (15)
spaces.
.
j) Office buildings and professional offices, other than medical, ehiropractic, dental
or hospital out patient clinics. One (1) space for each t"vo hundred fifty (250)
square feet of floor area.
Ie) Bowling alley. "^,..t least five (5) parking spaces for each alley, plus additional
spaces aG may be required herein for related uses containcd vlithin the principal
stmcture.
1) f....utomotive Sen'ice Station. At least four (1) off streot parking spaces plus tv;o
(2) off street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automoti'/e products, parts and/or sOf'/ice shall be
required to proyide additional parking in compliance v:ith other applicable
sections of this Ordinance.
m) Retail store and service establishment. At least one (1) off street parking space
for each three hundred (300) square feet of floor area.
.
52.1 0-3
.
.
.
ORDINANCE 52 - ZONING ORDINANCE
n)
Retail sales and service business vlitll fifty (50) percent of gross floor area
devoted to storage, v/arohouses and/or industr/. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus one (1)
space for each one thousand (1,000) square feot of storage area or one (1) space
for each employee on the maximum shift ':lhich is appropriate.
0) Restaurants and cafes. /....t least one (1) space for each four (1) seats used by
patrons, plus onc (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or drinks, bars, taverns, ni!!htclubs. /~t least one
(1) space for each fifty (50) square feot of gross floor area.
q) Funeral home and Mortuarv establishments. /....t least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking 3pace for each fun oral vehicle
maintained on the promises.
r) Ivlanufacturing. fablicating or processing of a product or material, 'vVarehouse,
storage. handling or bulk goods, post offices. /....t least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
employment or at a minimum one (1) space for each fi';e hundred (500) square
feot of floor area.
s)
Car wash. (In addition to required stacking space.)
1. /....utomatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (1) space for each employee on the maximum shift.
2. Solf service. Three (3) spaces per bay far stacking purposes, pIli::; a
minimum of twa (2) additional spaces.
Subd. 5: Parking Lot Standards. In all districts 'where off streot parking lots are
ponnitted or required such off streot parking shall be constructed and maintained subject to the
follo'wing regulations:
a) These standards shall not be applicable to parking provided for single fmnil)' or
t,:/o family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considOiing a request for
variance or modification, the City shall consider the location onhe property, size
of the parking area, use of the parking area, adjacont property uses and the impact
on the general v/ell being of the community. /....ltornative surfaces "vhich may be
permitted in an industrial area arc limited to Class 2 crushed granite which
confoffi1s to the requirements ofMJ'J/DOT specification 3138 ,:(it11 '(isual
evidence of further consolidation.
52.10-4
ORDINANCE 52 - ZONING ORDINANCE
b)
Parking lots existing on or before January 1,1996, do not have to be brought into
compliance '.\lith these standards until such time as any ofthe following events
occur. ea) a new structure is constructed on the property ser.-ed by the parking
lot; eb) an nddition is constructed to any existing structure located on the property
served by the parking lot; e c) }~ change in use of the property ser.-ed by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building pennit.
.
c) }l..dcquate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, \vith
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface \\later. Recycled bituminous or concrete
shall be prohibited except as pennitted in an industrial area by special use ponnit
or Yanance.
e) \Vhenever such parking lot boundary adjoins property zoned for residential use, a
setback offiftcen (15) feet ii'om said lot line shall bc required, and maintained.
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained.
g)
Plans for the construction of any such parking lot must be approved by the
Planning Commission before construction is started. No such land shall be u3ed
for parking until approved by the Planning Commission.
.
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
moyement 'vI'ithin any parking area. Only signs necessary for the orderly
operation oftraffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the pennitted ad'v'ertising space and shall be subject to
signage regulations.
i) fJl parking lots shall be screened and landscaped ii'om abutting residential uses or
districts by a wall, fence or densely planted compact hedge or treo cover not loss
than four (1) feet nor more than eight (8) feet in height.
j) Except in the case of single family, t\'IO family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs '.vithin the designated parking lot and does not depend upon a
public street or alley and such design docs not require backing onto tho public
B-treet:-
k)
Except in the cases of single family, two family and townhouse developments,
parking lot dimensions arc set forth in the table below. Circulation patterns shall
.
52.1 0-5
ORDINANCE 52 - ZONING ORDINANCE
allo'v',' adequate room for emergency vehicles.
.
L'\ngle and Standard ~ Depth to Aisle Wall/wall Interlock
traffic flo','I stall width to wall interlock wffiffi module Module
90 deg 2 v;ay 9! ~ ~ W W ~
60 dog 2 way 9! ~ ~ W @! ~
75 deg 1 v/ay 9! ~ ~ ~ W ~
60 deg 1 'vyay 9! ~ ~ W M! *'-G
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with eun-cnt f>.Di\ requirements. ,!,Therc bumpers o'v'erhang
sidevm1ks, allo'v'! 2.5 feet of clearance for the oyerhang before considOling
usoablc sidcv,alk \vidth.
1)
Drainage and Surfacing. Drivev/ays shall not exceed a grade of six (6) percent
and all ~arking lots except those for less than four (-1) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm se'.'/e1"S may be roquired.
m)
Striping. All lots for fi';o (5) or more vehicles shall ha';o the organization of
spaces painted on the surface according to the plan appro'/od by tho City.
.
n)
Circulation. Lots shall be so designed that internal circulation shall be available
'.vithout utilizing the public streot.
0) Maintenance. It shall be the responsibility of the lessee and/or o'.';ner of the
plincipal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. fJllighting used to illuminate an off street parking area shall be shaded
or diffused so as to reflect the light av/ay from the adjoining property and a'v"'1ay
from abutting traffic flo'.\'.
Subd. 6: Required Lauding Berths. In cOID16ction 'vYith any structure whieh i:::; to be
erected or substantially altered and which requires the receipt or distribution ofmatcrials or
merchandise by trucks or similar vehicles, '.':ith a gross floor area of five thousand (5,000) square
feet or more, there shall be off street loading provided on the basis ohhe follov:ing:
.
Gross Floor Area
square feet
5,000 to 16,000
16,000 to 10,000
10,000 to 70,000
70,000 to 100,000
each additional1 0,000
Minimum required
loading: berths
1
2
3
r1
1 additional
52.1 0-6
ORDINANCE 52 - ZONING ORDINANCE
Loading space required under this Section shull be at leas~ fifty (50) feet long and ton (10) feet .
~
.
.
52.1 0-7
.
.
.
g.otion 53.02 : PRO HIE ITl ONS. '. -rIcin of ElflY trailer house or
, orson to park, or to ponmt the ~a or Ot71or public plaee or III
1\ shall be unlawful for an'd~ bis 000001 on uny Gtr<lCt,tlallte~e parking of only one
db' I 1m or un , " ,.ep! -la d f y
mobile home owne ..)~ ~ '0 dofined, within the C1t:l, e~: 'ldin. or in the rear ynr 0 an. ,
ony residential .nro~ ~ : ;'an acoeosory pri vato gdarab~i'':" qn~ef3 bo maintillRed, or an,
. d !rallor 0"" . d o',de no · b d
unOCCUplO" d' hereby pomntte pr..'. . parked or Gtore _
pri"ately ovmed yar IS. d t "lor "'hile such tnnler IS so
' " a t fr:I: rm "
business practIce a S
CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES
ORDIN},.NCE 84 GENERi',.L P }~DJ(ING ORDINANCE .....................................................8-4 1
Section 84.01: P }u.~JG ......................................................................................... .... .... 84 1 ..
Section 8-4.02: SPECIAL REGULf,TIONS IN CONGESTED DISTRICT .................... 84 1
Section 84.03: SNO\V SEASON PARKING .................................................................... 81 2
Section 81.01: OBSTRUCTION OF PRIVi\ TE DRIVE .................................................81 2
Section 84.05: f,.UTHORITY TO REMOVE VEHICLES P,^,.RI(ED IN VIOLATION OF
THIS ORD I}Jj\N CE ............ .......... ......... ..... ....... ............. ...... ...... ............. 81 3
Section 84.07: O\VNER'S RESPONSIBILITy.................................. .............................. 84 3
Soction 81.08: REGISTERED O\VNER .......................................................................... 81 3
84-0
.
.
.
.
.
CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES
ORDIN/..NCE 81
GENER/}.L P/l.RKING ORDIl'U..NCE
Section 81.01: P/u~.KING.
Subd. 1: /..ngle parking shall bc required on such streeto as ::;ha11 be designated by
appropriate resolution of the City Council. On any such stroet, every vehiclo parked shall park
with the front of the 'v'chicle facing the curb or edge ohhe traveled portion of the street at an
angle of approximately 15 degrees and shall face the curb betvi'eoo the painted or other markings
on the eurb of tho street indicating the parking spaco. /..11 such streets shall be marked by
appropriate signs indicating that anglo parking is required. On all other streets, parallel parking
shall bo required according to state la'.\' heretofore adopted by referenco.
Subd 2: No vehicle shall in any case be parkod upon the street, boulevard, or alley in any
one place for a longer continuous period of twenty four (21) houro. '/ chicles must be moved at
least one (1) block. /\ny vehicle v/hich is mO'/od loss than ono (1) block shall be doemed to ha','e
remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a
Police Officer for detcimining tho length ohimo a vehicle, trailer or other object rOOlained
parked.
Amended Section 84.01 on 9/2005
Section 81.02: SPECIAL REGULATIONS IN CONGESTED DISTRICT.
Subd. 1: It is horeby established that the district kno\vn as a congestod district v,'ithin
which tho rules set forth in this section shall be enforced. The congested district shall include the
following streets: /\11 of Minnesota Street, all of /....sh Street betv.'oen Second /\ 'leDUC 'AT cst and
Second /.. venuo East, all of College /.... vooue lying southerly of County Road 75, all of First
A'/OOuo East lying southerly of County Road 75, all of First A 'I oou e \Vest lying southerly of
County Road 75, all of Second /....vooue V'lest, all of Third Avenue \Vost, and all of tho alleys in
the Original Townoite of tho City ofSt. Joseph.
Subd.2: The City Council by rosolution may establish "no truck parking" zones in the
congosted district and shall mark by appropriate aigns any zones so established. No person shall
park a commercial vehicle of morc than one ton capacity on any street in any "no parking zone",
for parking of such ':ehicles for a period of not morc than 30 minutes may be permitted in such
zone by the Chief ofPolico for tho purposo of having access to abutting property 'vVhoo such
access cannot bo conveniently secured from an alloy or from a side street whore truck p.arking is
not restricted.
84-1
CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES
Subd. 3: The City Council by resolution may designate certain blocks v/ithin the city as 5
minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark
by appropriate signs any zones so established. No person shall park any vehicle in any limited .
parking zone behvecn the hours of 8 :00 a.m. and 9:00 p.m. of any woekday for a period longer
than specified on signs ma~king that zone, or v;ithout the appropriate ponnit for >pcrmit only-
ffifleS-:-
Subd. 1: No person in charge of a motor ',-chicle, whether as o..vner or otherwise, shall
park or be pemlitted to stand upon any street or highway in the congested district for more than
30 minutes between the hours of2:00 a.m. and 6:00 a.m. unless otherwise designated by
appropriate signs.
Subd.5: Upon application and pa)ment of any applicable permit fees, the City
Clerk/Administrator may issue a permit to park in pennit only limited parking zones. f..1l
infonnation requested in an application fonn prepared by tho Clerkl,,'\dministrator shall be
provided. Failure to provide information shall be considered grounds for denial of the ponnit.
No more than fiye permits s-hall be issued per parking space. Each ponnit shall be valid for a
period of one yoar from the date of issuance and shall be nontransferable. The City Council
may, by resolution, establish permit fees in accordance "'lith Section 14.4.
Section 84.03: SNOV;,r SE^..SON PARKING.
Subd. 1: There shall be no parking on any City street from November 1 to April 1 during
the hours of2:00 o'clock A.M. and 7:00 o'clock A.M.
.
Subd.2: j\ny 'v'ehicles parked in violation of Section 81.03.1, which interfere with the
p1ovv'ing or removal of snow, are subject to immediate to'vving at the ov;ner's expense.
Section 81.01: OBSTRUCTION OF PRIV,^..TE DRIVE.
Subd. 1: No '!ohic1e shall be parked in a manner obstructing a private drive'v','ay or
private road'l,:ay, or on a private drivevlay or private roadv/ay, without the express or clearly
implied consent of the o'.'.'ller of the private dri'!eway or priyate roadvlay.
Subd.2: For purposes ofthis Ordinance, u vehicle is "obstructing" u dri'/owuy or
roudv;ay if the location of the parked vehicle:
a) Blocks the driveway or roadvlay from use by other vehicles.
b) Significantly hinders or 810'118 other vehicles attempting to pass the parked
vchicle.
c) Forces other vehicles to leave the main traveled portion of the drivc'.vay or
roadway to pass the parked yehicle.
.
84-2
.
.
.
CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES
Subd. 3: ,/ chicles parked in violation ofthis section arc subject to immediate to\\'ing at
the oV/ner's ex.pense.
Section 8~.05: AUTH"RITY TO REMOVE VEHICLES P,^..RKED IN VIOL\TION
OF THIS ORDINf,-NCE.
Subd. 1: ./\.n)' vehicle found parking in violation of this ordinance or the laws of the State
of Mil me sot a, is hereby declared to be a nuisance and may be similarly abated by, or under the
direction or at the request of a police officer by remm'ing und impounding the ';ohicle by means
ofto\ving or otherwise, and shall be surrendered to the duly identified owner thereof or hi::; agent
upon the payment of fees hereinafter provided.
Subd.2: f,- towing charge in cOillleetion vv'ith the impounding of any vehicle shall exceed
the amount agreed upon in any current contract between the City of 81. Joseph and tho duly
desib'llo:ted garage owner, a true and correct copy of which 3hull bc on file in the office of the
City Clerk/Administrator for public inspection und reference, and the scheduled charges of the
current contract is hereby made a pmi of this chapter as fully and to the same effect as if set forth
herein verbatim. In addition to the towing charges, un administrative fee of Five Dollars ($5)
shall also be charged to the o'vVner of any vehicle found to be in violation of this ordinance.
Subd. 3: Before the o';;ner or his agent may be pennittod to remove the ','ehicle
impounded pursuant to this section, he must furnish satisfactory e,..idence of his identity mld
ownership ofthe vehicle and he must pay the fees for tov/ing and stomge of the vohicle as set
forth in the contmct botv;een the City and the gamge, plus the administrative charge hereinbefore
set forth, and he shall sign a ,,','fitten receipt for the vehicle. It shall be unlu.';;ful for any person to
reclaim the vehicle so impounded without first paying all of the tov;ing and storage fees provided
herein. The gamge O"Vllcr s11a11 not release un)' vehicle designated as a police "hold" ',','ithout oral
release thereof from the Chief of Police or his authorized representative.
Section 84.07: O\VNER'S RESPONSIBILITY. V/here any motor vehicle is found
parked contrary to any provisions ofthcse ordinonces, that act is hereby doclared to bo tho act of
the registered ovme!" as well as the act oftho person actually parking the vehicle.
Section 84.08: REGISTERED OVl.NER. For purposes of this ordinunce, the registered
o'.Yner is defined to include motor 'v'ehiclerental or leasing agencies und corporate o','/ners. It
shall be a defense to any ':iolution if thc registered ov;ner s11o'.'(s that on the date of the offense
title to the vehicle has been transfcrred to another.
Upaatecl 81.~, Subcl3 & 5 OR 3/l/D}
84-3
.
.
.
ORDINANCE 85
WEIGHT RESTRICTIONS
The Council of the City of St. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 85. Ordinance 85 shall
state as follows:
"Section 85: WEIGHT RESTRICTIONS
Section 85.01. Seasonal Load Restriction. Except for portland cement concrete roads,
between the dates set by the commissioner of transportation each year, the weight on any single
axle shall not exceed five tons on a county highway, town road, or city street that has not been
restricted. The gross weight on consecutive axles shall not exceed the gross weight allowed in
Minn. Stat. 9169.822 to 9169.829 multiplied by a factor of five divided by nine. This reduction
shall not apply to the gross vehicle weight.
Section 85.02. School Bus and Head Start Bus. Weight restrictions do not apply to a
school bus or Head Start bus transporting students, Head Start children, or Head Start parents
when the gross weight on a single axle of the school bus or Head Start bus does not exceed
14,000 pounds; provided that, road authorities may restrict any highway under their jurisdiction
to a lesser axle weight by written order to school boards and Head Start grantees 24 hours in
advance of required compliance with such reduced axle weight.
Section 85.03. Vehicle Transporting Milk. Until June 1, 2007, a weight restriction
imposed by the commissioner oftransportation or a local road authority, does not apply to a
vehicle transporting milk from the point of production to the point of first processing if, at the
time the weight restriction is exceeded, the vehicle is carrying milk loaded at only one point of
production. This subdivision does not authorize a vehicle described in this subdivision to exceed
a weight restriction of five tons per axle by more than two tons per axle.
Section 85.04. Utility Vehicles. Weight restrictions imposed by the commissioner do not
apply to a two-axle or three-axle utility vehicle that does not exceed a weight of 20,000 pounds
per single axle and 36,000 pounds gross vehicle weight for a two-axle vehicle or 48,000 pounds
gross vehicle weight for a three-axle vehicle, if the vehicle is owned by:
a) A public utility as defined in Minn. Stat. S216B.02;
b) A municipality or municipal utility that operates the vehicle for its municipal
electric, gas, or water system; or
c) A cooperative electric association organized under Milm. Stat. 9308A.
1.
The exemption in this subdivision applies only when the vehicle is
performing service restoration or other work necessary to prevent an
imminent loss of service.
Section 85.05. Recycling and Garbage Vehicles. Weight restrictions imposed do not .
apply to a vehicle that does not exceed 20,000 pounds per single axle and is designed and used
exclusively for recycling, while engaged in recycling in a political subdivision that mandates
curbside recycling pickup. Weight restrictions imposed do not apply to a vehicle that does not
exceed 14,000 pounds per single axle and is used exclusively for recycling as described in
paragraph (a), or (2) a vehicle that does not exceed 14,000 pounds per single axle and is designed
and used exclusively for collecting mixed municipal solid waste, as defined in Minn. Stat.
Sl15A.03, Subd. 21, while engaged in such collection. Notwithstanding said exception a
violation of weight restrictions imposed by a vehicle designed and used exclusively for recycling
while engaged in recycling in a political subdivision that mandates curbside recycling pickup
while engaged in such collection, or by a vehicle that is designed and used exclusively for
collecting mixed municipal solid waste as defined in Minn. Stat. Sl15A.03, Subd. 21, while
engaged in such collection, is not subject to criminal penalties but is subject to a civil penalty for
excess weight under section 169.871.
Section 85.06. Winter Increase Amounts. The limitations provided in Minn. Stat.
S169.822 to S169.829 are increased by ten percent between the dates set by the commissioner for
each zone established by the commissioner based on a freezing index model each winter."
This Ordinance is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
.
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This Ordinance was published on
,2006.
L:\CITY\STJOE\2006
.
.
.
.
AMENDMENT TO ORDINANCE 108
JUNK CAR ORDINANCE
The City Council for the City of S1. Joseph HEREBY ORDAINS:
1. That Ordinance 108.03, Subd. 2 is amended to read as follows:
Subd. 2: On the premises of a junkyard or a motor vehicle repair business \'/11on such
junkyard or business is maintained and/or licensed in accordance with Minnesota 1m'? or City
Ordinances and zoning regulations. In the case of!l repair business, each motor vehicle must be
actively and cOn3istently ',,,,orked on und maintained or stored in an area screened from public
vie',',' by an appropriate fence.
"Subd. 2:
a)
On the premises of a junkyard or a motor vehicle repair business which such
junkyard or business is maintained and/m licensed in accordance with Minnesota
law, City Ordinances and zoning regulations. In the case of a repair business,
each motor vehicle must be under repair and/or removed within ninety (90) days.
When requested, the business owner must provide proof that the vehicle is being
repaired. Such proof will include a parts order form or verification of application
for title. Each motor vehicle present on the premises of a motor vehicle repair
business must be maintained or stored in an area screened from view by an
appropriate fence.
b) Any repair business in operation on or before the enactment of this ordinance will
have six (6) months from the date of enactment of this ordinance to come into full
compliance with the provisions of the ordinance. All such motor vehicle repair
businesses in existence on the effective date of this ordinance will be limited to
not more than four (4) unlicensed or junk vehicles at one time which are
unscreened from public view. However, this exception shall expire within six (6)
months after the date of the enactment of this Ordinance when such existing
motor vehicle repair businesses must be brought into full compliance with
paragraph (a)."
This amendment is adopted the day of
effective upon publication.
This amendment was published on
L:\city\stjoe\2006
,2006, and shall be
.
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006
.
.
. MEMO
.
.
TO:
Judy Weyrens
FROM:
Tom Jovanovich
RE:
Wood Burning Ordinance
OUR FILE NO.:
25077
DATE:
August 18, 2006
I have discussed this matter with Ron Wasmund. The issue that this Ordinance is attempting to
address is the outside wood burning stoves. There are very few ordinances dealing with this
issue. The City of New Prague bans these outdoor burning stoves completely since they are a
_nuisance in a residential area. The City of Ramsey has a strict ordinance regarding woodburning
stoves. However, it has a setback of 75 feet which would most likely eliminate its use in 5t.
Joseph.
I have attached two emails from Ron Wasmund regarding outdoor furnaces, along with the
ordinance and the memorandum supporting the ordinance in the City of Ramsey. I think this
matter should be discussed with the Planning Commission before we spend additional time
drafting ordinances.
Brenda A. Wolbeck
From:
Sent:
To:
Cc:
Subject:
Ron Wasmund [rwasmund@inspectroninc.com]
Thursday, August 17, 2006 11 :26 PM
Thomas G. Jovanovich
Andrew Mack,AICP
Solid Fuel Outdoor Furnaces
.
Tom,
I have reviewed the language of the proposed ordinance 112 Woodburning Ordinance. While I
think it is proper for the City of St. Joseph to formally adopt the Minnesota Uniform Fire
Code, I do not believe it addresses the concerns nor regulates the solid fuel outdoor
furnaces clearly enough to be effective. The fire code does not specifically regulate
burning appliances except prohibiting placement on combustible balconies of multi-family
buildings. The Building Code is silent on outdoor appliances.
The City of Ramsey has an ordinance regulating solid fuel outdoor furnaces. We have
requested a copy of their ordinance. I am anticipating having a copy on Friday August
18th. They regulate them by having among other things large (75 feet) setback
requirements from property lines and buildings, which make it impractical and in most
urban lots, impossible to meet. There may other Cities that have an ordinance but we have
not been able to find them yet.
I will forward a copy of any ordinances we find to you for review.
the necessary changes we see necessary for St. Joseph application.
We will try to make
Ron
.
.
1
Brenda A. Wolbeck
From:
.ent:
0:
Cc:
Subject:
Ron Wasmund [rwasmund@inspectroninc.com]
Friday, August 18, 2006 1:45 PM
Thomas G. Jovanovich
Judy Weyrens
FW: outdoor furnance ordinance
#05-32.pdf (231
KB)
Tom and Judy,
I misspoke a little I thought through discussion with Ramsey's Community Development
Director that there had been one or more requests for appliances that had been denied.
From Chris's email it sounds like they have not had any requests they are just being
proactive. Judy, is it true that there is one in St. Joseph already? What do we do about
that one? Try to get it modified? I will look for MPCA standards for smoke trespass.
Ron
-----Original Message-----
From: Chris Anderson [mailto:CAnderson@ci.ramsey.mn.us]
Sent: Friday, August 18, 2006 11:26 AM
To: andrewmack@hotmail.com
Cc: Ron Wasmund
Subject: outdoor furnance ordinance
Hi Andrew,
I have attached the ordinance that our City adopted regarding exterior solid fuel-fired
~eating devices. While we ref.erence EPA standards in the ordinance, none exist as of yet.
~e included that reference since it is anticipated that standards will eventually be
established by EPA and that will eliminate the need to go back and amend the ordinance
after that occurs. As Pat mentioned, we have not had the need to utilize this yet, this
was more of a proactive approach to provide some regulations prior to these appliances
becoming commonplace. Feel free to call with any questions.
Chris Anderson
Zoning & Recycling Coordinator
City of Ramsey
15153 Nowthen Blvd NW
(763) 433-9905
.
1
ORDINANCE #05-32
.~
CITY OF RAMSEY
ANOKA COUNTY
STATE OF MINNESOTA
AN AMENDMENT TO CHAPTER 9 WHICH IS KNOWN AS THE ZONING AND
SUBDIVISION OF LAND CHAPTER OF THE CITY CODE OF RAMSEY,
MINNESOTA.
AN ORDINANCE RENUMBERING THE EXISTING SUBSECTION 9.11.14
"COMPLIANCE" TO 9.11.15 AND ADDING A NEW SUBSECTION 9.11.14
"EXTERIOR SOLID FUEL-FIRED HEATING DEVICES" TO CHAPTER 9 OF THE
CITY CODE OF RAMSEY, MINNESOTA
The City .of Ramsey ordains:
SECTION 1. AUTHORITY
This Ordinance is adopted pursuant to and under the authority of the Charter of the City of
Ramsey.
SECTION 2. AMENDMENTS
Subsection 9.11.14 (Compliance) ofthe City Code shall be renumbered as 9.11.15
.
Subsection 9.11.14 of the City Code shall be amended to read as follows:
9.11.14
Exterior Solid Fuel-Fired Heating Devices
Subdivision 1. Definitions. The following words and terms, as used in this subsection,
shall be construed as herein defmed.
Exterior Solid Fuel-Fired Heating Device - An external device designed for solid fuel
combustion so that usable heat is derived for the interior of a building, and includes solid fuel-
fired stoves, fireplaces, solid fuel-fired cooking stoves, and combination fuel furnaces or boilers
which burn solid fuel. Solid fuel-fired heating devices do not include natural gas~fired fireplace
logs.
Public Nuisance - Maintaining or pennitting a condition which unreasonably annoys,
injures or endangers the health, morals, decency, safety, or public peace so that such activities
affect the comfortable enjoyment of life or property.
Subd. 2. Permits. A mechanical permit shall be required to install any exterior solid
fuel-fired heating device within the City.
Ordinance #05-32
Page 1 of3
.
.
Subd.3 Additional Requirements.
a. Exterior solid fuel-fired heating devices shall be located at least seventy-five (75)
feet from any property line and shall not be located in the front yard.
b. All exterior solid fuel-fired heating devices installed or purchased within the City
are required to meet the emission standards currently required (or as may be
amended from time to time) by the Environmental Protection Agency (EPA) and
Underwriters Laboratories (UL) listing.
c. All exterior solid fuel-fired heating devices are subject to regulation as public
nuisances as described in this Section.
d. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities,
are declared a public nuisance and are hereby made subject to regulation and
control by aproperly designated authority.
e. All exterior solid fuel-fire heating devices installed within the City shall be listed
and labeled by a nationally recognized testing laboratory and installed according
to the manufacturer's recommendations.
f.
The following materials shall not be used or burned in exterior solid fuel-fired
heating devices: grass leaves, oils, rubber, plastics, tires, railroad ties,
construction debris, and painted or chemically treated materials such as treated
lumber, composite shingles, tar paper, insulation composition board, sheetrock,
wiring, paint, and hazardous and industrial solid waste.
.
Subd. 4. Violations. Any violation of this Subsection shall be considered a
misdemeanor and is subject to aU penalties as provided by State Statute.
SECTION 3. SUMMARY
The follov.--mg official summary of Ordinance #05-32 has been approved by the City Council of
the City of Ramsey as clearly informing the public of the intent and effect of the Ordinance.
It is the intent and effect of Ordinance #05-32 to. amend Ramsey City Code Chapter 9 (Zoning
and Subdivision of Land) to:
. Renumber existing Subsection 9 .11.14 (Compliance) to 9.11.15.
.. Establish regulations and guidelines for exterior solid fuel-fired heating devices.
SECTION 4. EF FECTIVEDATE
The effective date of this Ordinance is thirty (30) days after its passage and publication, subject
to City Charter Section 5.06.
PASSED by the Ramsey City Council this the 13th day of December 2005.
Ordinance #05-32
Page 2 of3
z:;~
~/~.. .
Mayor . "
.
ATTEST:
~~
October 25, 2005
October 25 - December 14, 2005
December 13,2005
December 16, 2005
January 16, 2006
Introduction Date:
Posting Dates:
Adoption Date:
Publication Date:
Effective Date:
.
Ordinance #05-32
Page 3 of3
.
---. . ---- ----
ORD1NANtE. lIOS-32
.
CITY OF RAMSEY
ANOKA COUNn'
STATE OF MINNESOTA
AN AMENDMENT TO CHAPTER 9
WHICH IS KNOWN AS THE ZONING AND
SUBDIVISION OF LAND CHAPTER OF THE
cm CODE OF RAMSEY, MINNESOTA.
AN ORDINANCE RENUMBERING
'THE EXISTING SUBSECTION 9.11.14
. "COMPLIANCE" TO 9.11.15 AND
ADDING A NEW SUBSECTION 9.11.14
"EXTERIOR SOLID FUEL.FlRED HEATING
DEVICES" TO CHAPTER 9 OF THE CITY '
CODE OF RAMSEY, MINNESOTA
The City of Ramsey ordains:
SECTION 1. SUMMARY
The following official summary of
Ordinance #05-32 has been approved by
the City Council of the City of Ramsey as
clearly informing the public of the intent
and effect of the Ordinance.
It is the intent and effect of Ordinance
#05.32 to amend Ramsey City Code
Chapter 9 (Zoning and Subdivision of
Land) to:
. Renumber existing Subsection'
9.11.14 (Compliance) to 9,11.15.
. Establish regulations and guide.
tines for exterior solid fuel-fired heating
devices.
SEaJON 2, EFFECTIVE DATE
The effective date of this Ordinance is
thirty (30) days after its passage and pub-
lication, subject to City Charter Section
5.06.
PASSED by the Ramsey City Council
this the 13th day of December 2005.
Thomas G. Gamec '
Mayor
ATTEST:
)0 Ann M. Thieling
City Clerk
abcdefgnijklmnopqrstuvwxyz
Published in Anoka County Union
December 16, 2005 .
AFFIDA VIT OF PUBLICATION
STATE OF MINNESOTA
County of Anoka
)
)
55
Peter G. Bodley, being duly sworn, on oath says that he is the managing editor of the
newspaper known as the AnakaCaunty Union, and has full knowledge of the facts which are
stated belaw:
(A) The newspaper has complied with all of the requirements constituting qualification as
a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other
applicable laws, as amended.
. (B) The printed ORDINANCE. (#05-32) which is attached was cut from the columns of
said newspaper, and was printed and published once each week far one successive week; it
was first published on Friday, the 16th day of December, 2005 and was thereafter printed and
published on every Friday to and including Friday, the ........ day of ..............., and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
abcdefghijklmnopqrstuvwxyz
abcdefghijklmnopqrslufflXYZ
~
Managing Editor
Subscribed and sworn to before me on
this 16th day of December, 2005
~~.
Notary Public
,. DIXIE L. MASON
. Notary pubUo-Mlnnesota
My ~s\oI' ExplI'Illl Jan 31. 2010
~"'A~.""
RATE INFORMATION
-----_._----~----------------------------~----~~~-------~------
(1) Lowest classified rate paid by commercial
users for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$15.00
(Line, word, or inch rate)
$15.00
(Line, word, or inch rate)
$ 8.75
(Line, word, or inch rate)
CASE #
INTRODUCE ORDINANCE TO AMEND SECTION 9.11
(PERFORMANCE STANDARDS) OF CITY CODE;
CASE OF CITY OF RAMSEY
By: Chris Anderson, Zoning & Recycling Coordinator
.
. Background:
Earlier this year, the City received a building permit application for an exterior solid fuel-fired
heating device (outdoor fumace). During the review process of this application, City Staff
realized that there are no standards or regulations for these appliances in City Code. Due to their
potential to create a nuisance for neighboring properties, City Staff has drafted an ordinance to
establish some basic regulations for these devices.
The following items are enclosed for review:
a) Draft ordinance
b) Planning Commission meeting minutes dated September 1, 2005
Observations:
The proposed ordinance would establish minimum standards for exterior solid fuel-fired heating
devices including both a minimum setback from property lines and installation requirements.
These requirements aim to minimize the potential nuisances created by these appliances such as .
smoke and/or cinders.
The Planning Commission held a public hearing for the proposed ordinance during their regular
meeting on September 1,2005. There were no written or verbal comments submitted. However,
the Planning Commission raised several concems and directed Staff to revise the proposed
ordinance accordingly.. The following is a summary of the revisions that were made:
. The word "outdoor" was replaced with the word "exterior" to eliminate any connotation
that these are recreational devices;
. The definition now specifies that this is an extemal device used to produce heat for the
interior of building;
. The definition of public nuisance was revised to confonn with other Sections of City
Code;
. The definition of stacks and chimneys was deleted, as there is no reference to these
within the text of the ordinance;
. A minimum property size required to install a solid fuel-fired heating device was
eliminated, however, the setback from any prope1iy line was increased from fifty (50)
feet to seventy-five (75) feet. The distance from a property line seemed to be the factor
that will contribute most to minimizing or eliminating possible nuisances to neighboring
properties as a result of excessive smoke and/or cinders.
. The phrase "listed by a third party" was replaced with "listed and labeled by a nationally
recognized testing laboratory" for clarification purposes.
.
The revised draft of the proposed ordinance was presented to the Planning Commission at their
. October 6, 2005 meeting.
Recommendation:
The Planning Commission and City Staffrecornmend introduction of the proposed ordinance.
Council Action:
Motion by Councilmember and seconded by Councilmember to
introduce the proposed ordinance to amend City Code Section 9.11 (Perfonnance Standards) to
establish regulations for exterior solid fuel-fired heating devices.
Review Checklist:
Asst. Com. Dev. Dir/Exec. HRA Dir.
CC: 10/25/05
.
.
.
.
.
ORDINANCE 121
FIREARMS USE ORDINANCE
The Council of the City of St. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 121. Ordinance 121
shall state as follows:
"Section 121: FIREARMS USE ORDINANCE
Subd. 1. Purpose. It shall be the purpose of this Ordinance to protect the safety and well-
being of persons and property in the City of St. Joseph.
Subd. 2. Definitions. The term "firearms" shall mean any device from which a projectile
is propelled by, but not limited to, gunpowder, C02, spring action or air. This definition shall be
deemed to include, but not limited to, shotguns, rifles, pellet/BB guns, pistols, revolvers,
slingshots, blow-guns, and bows and arrows.
Subd.3. Use of Firearms.
a)
Discharge of Firearms. It shall be unlawful to use, fire, or discharge firearms
within the City of St. Joseph. This use shall not prohibit the discharge of shotguns
or the use of bows and arrows with broad heads (hunting tips) during legally
designated hunting seasons with a hunting permit provided by the City. Shotgun
slugs are prohibited.
b) Possession and Transfer ofFireanns. It shall be unlawful for any person to sell,
give, lend or in anyway cause any person under 18 years of age to possess any
device as herein described without a parent or legal guardian present and with
permission from said parent or legal guardian. It shall be unlawful for any person
under 18 years of age to possess any device as herein described anywhere except
property described as his/her residence except for the express purpose of legal
hunting and with a hunting permit as required herein.
c) Shotgun hunting shall be permitted on the designated State of Minnesota Wildlife
Reserve parcels only. Bow and arrow hunting shall be allowed on the designated
State of Minnesota Wildlife Reserve parcels.
Subd.4. Hunting Permits and Fees. The City Council may issue special hunting pennits
for hunting or shooting on undeveloped lands but such permits shall be issued only with written
consent of the owners of such lands. The permits shall be issued at the discretion of the Police.
Appeals may be taken from his determination to the City Council. All such pennits must be
issued in writing and in the possession of the individual issued the permit. The Council shall
establish a permit fee in an an10unt sufficient to cover the costs to administer this Ordinance.
Subd.5. Exemptions Allowed. This Ordinance shall not prohibit the use of firearms by a
legally appointed police officer or by a member of a duly licensed gun club as hereinafter .
provided when firing or discharging firearms on the authorized firing range of the club and
within the prescribed hours for shooting. Nothing in this Ordinance shall be construed to include
the use of firearms or any other weapon when done in the lawful defense of persons, property,
family or the necessary enforcement of the law.
Subd.6. Penalty. Any person violating any provision of this ordinance shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine of not more than
$1000.00 or by imprisonment of not more than 90 days, or both, plus the costs of prosecution in
either case."
This Ordinance is adopted the
be effective upon publication.
day of
,2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
.
This Ordinance was published on
,2006.
L:\CITY\STJOE\2006
.
A.ME~~ME!~TI.Q_QRQINA.J:J:Qf.;: 52.Q2.
PJID =_PJd:\t::L~D JJNILDXYELQI:M.ENI..Qj!];:-RLA 'LDISIRJ~T
. The Council of the Cil v of St. Joseph herebv ordains:
.
.
That Ordinance 52.09 is revoked in its entirety and the followim: lan2:uage is enacted in
its place:
T
Section 52.09: POO - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
I T
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification
would result in a development, which would not increase the density and intensity ofland
use beyond that which would be allowed if no regulations were modified; would preserve
or create features or facilities of benefit to the community such as, but not limited to open
space or active recreational facilities, which features or facilities would not have been
provided if no regulations were modified, would be compatible with surrounding
development, and would conform to the goals and policies of the Compreh~nsive Plan.
Throughout this title, "PUD" shall mean the same as "planned unit development".
Subd.2: Benefit to the Public Intended. PUD's are intended to encourage the
efficient use ofland and resources, to promote greater efficiency in public utility services
and encourage innovation in the planning and building of all types of development.
Planned unit developments shall demonstrate at least one of the following benefit to the
public. The applicant bears the burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Pro actively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural topographic and geologic features.
c) A variety of housing types/densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or
facilities that would not have been provided if no regulations were modified.
Subd.3: Tvoes of Planned Unit Developments - Where Permitted.
a) Two types of planned unit developments are hereby established subject to the
use regulations of the zone in which the POO is proposed to be located and
f,...m
I De,..."
11
provided to the standard of subsection 13 (immediately following) are
achieved:
1. Single-family PUD's, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
2. Non-sing1e-family PUD's, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, retail, commercial,
recreational, office, service or industrial buildings, or any combination
thereof, the necessary streets and other public and/or private rights-of-way
to serve such uses, and any appurtenant common open space, recreational
facilities or other areas or facilities.
LAPUD may comprise both of the above types, subject to compliance with .- - --
the use regulations of the zone in which the PUD is proposed to be
located. T C
b) Planned unit developments may be located in any zone subject to use
regulations; provided, that:
1. Uses permitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. A Planned Unit Development for any parcel or track of land shall have a
minimum net site area for each zoning district as set forth below excluding
areas not suitable to development:
a) Residential Districts - Twenty (20) acres minimum
b) B-1 Central BJ!.1irr.t;;~.PistJjct- Mixed J;fs~of a fet1).lig,~9.U~e; atJ9-_,~ ._..--
multiple residential dwelling units wilJ be allowed. hut only if at
least 50% of the interior square footage (exclusive of the basement
or cellar) is used full time for a Pernlitted Use.. and said pernlitted
and residential uses are not conflicting. The area consisting of
multiple residential dwelling units must meet the standards of
Section 52.29. Suhd. 5 and 6: and said residential uses occupv only
the upper and/or rear oortions of structures. Off-street parking
requirements shall be separately determined for the commercial
and residential uses in accordance with Section 52.10.
c) B-2 Hi2:l1wav 75 Business District and B-3 General Business
District -. five (.?) acres nlinimum.
.
Formatted: Indent: Left: 0.75",
Hanging: 0.25"
Deleted: COMMENT: If the
property is zoned residential, how can
the developer petition for a mixed use
PUD? Further on in tile PUD
Ordinance, it indicates that mixed uses
mal' onl~' he granted if the PUD
overlays different zoning areas. In
man~' cases, a PUD is proposed for raw
land. In such a case, the land normally
has one z~ning classification. The
answer to this question ma~' he that the
developer rezone the propert~' into
different zoning classifications hefore
he proposes the mixed use PUD.~
.
Deleted: Neighborhood Business
Distric1- Two (2) acre minimum
Deleted: General Commercial District
and MedicallProfessional- Five (5) ~
acres minimum
.
d) LI.. Li2:ht Industrial District - twentv (20) .,acres minimum
.
3. ll1f) Aesign ora }>1J.[) sl1?l!ltakeint() <lc90:u!1! !l!f) !~latio.nshipof.th~ site !()
the surrounding areas. The perimeter of the POO shall be so designed as to
minimize undesirable impact of the POO on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the POO.
4. Common open space shall be either held in common ownership by all
owners in the POO or dedicated for public use with approval of the City
Council. Whenever possible, common open space shall be linked to the
open space areas of adjoining developments. Common open space shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose.
Subd.4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements
and the standards ofthe zone in which the project is located, and in the
subdivision ordinance. In modifying such regulations, requirements and
standards as they may apply to a planned unit development project the
standard identified within this subsection and the limitations set forth in this
subsections B and C (immediately following) shall apply. In order to be
granted any such modifications, the applicant shall demonstrate that the
proposed development complies with the purpose of this section. The
applicant shall bear the burden of supporting any change in requirements. The
city may increase any requirement necessary to make the project conform to
the purposes of this section.
.
1. Allowed Uses. Uses within the POO may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each POO shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The POO development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the POO and will follow the
procedure described herein relative to major POO amendments.
2. Front Yard Setbacks. The requirements for minimum front yard setbacks
for the zone in which the planned unit development is located shall apply
to all exterior boundary lines of the site.
.
( Deleted: Five (5)
. Deleted: <#>Mixed Use PUD - Five
(5) acres minimum'l
'1
<#>Recreational District - Twenty (20)
acres minimum'i
~
~
'1 ;~r~~~~d;..~ullets and-~u~b'eri~~- J
..\ -'
n.,
,
,
,
,
,
,
,
,
,
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
provided, that minimum distances required by building and fire codes
shall be met.
4. .l2niL4ings @all b_t,;..gesj.gneq.J!;LPX~.Y.li.nt !Jle Q12P..f.iilillnCe:..QL<;.1rsJizht,
unbmKen lines inJl1eir hOli~Q11-1.?l and vertical sur:faces,-No residential
building shall have a single exterior wall longer than forty (40) feet
without an offset in the exterior wall. Offsets between walls shall .!2~ at
least thirty-two (32) inches and shall not exceed ten (10) feet. .
5. Building Height. Building height and corresponding setback requirements
shall be governed by the requirements of the underlying zone district
classification as set forth therewith.
.
. Deleted: COMMENT: We should
define what an offset is.
LAll permitted, permitted accessory and/or conditional uses contained in the.-- - - -( Formatted: Bullets and Numbering
underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein
. . .
L..A.11increase in density may bepermitted to encourage the preservation ill;
natural topography and geological features. The minimum lot size
reauirements of other sections of this ordinance do not apply to a FUD
except that the minimum lot size reclUirements of the under1vim~ zone shall
deternline the maximum dwelling illlit density of a total development. The
maximum dwelling unit density shall be determined by the area remaining
.sfter a:QRropriat\'Lg)ace for street right-of-ways and !illY. other public
4edi9J!tionslu~Ye been dete~ine9ancl sllQt@cted from the total PUD area~
Exc1w.l~d ftom. th!~L~~a1culS!tioll..of develoQable..J2T.QP-erty slmli...Qf..llIeaS
which would nornlaUv notkd.eyelopable. sucllJls w!Jterwavs or wate1:
QQ..dies. shore1'ill.\1~ flood l?.l?ins.....g~ slopes. hydric s9ils and the like .i11.
addition to areas required for streets. parks. pedestrian facilities. stonD
water controls and placement of public utilities. Wetlands can be utilized
to detennine the area of developable land. The maximum densitv for
multiple dwellings under the pun shall be one one-bedroom unit for each
2500 square feet onot area, one two-bedroom unit for each 3.000 square
feet o[1ot area. and one three-bedroom unit for each 3500 square feet of
lot area and for each additional bedroom (over 3) nenmit. an additional
500 square feet onot area. If the propertv inyoJved in the pun includes
land in more than one zoning district. the number of dwelling units or the
square foota2:e of commercial. residential or industrial uses in the PUD
shall be proportional to the amount that would be allowed senarate'lv on
the parcels located in each of the underlving zoning districts. T.
Deleted: ~I
Formatted: lndent: Left: 0.75"
" '[~~!~!.:~:.L_.__.______J
Formatted: Numbered + Level: 4 +
Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at:
0.75" + Tab after: 1" + Indent at:
1"
~Ieted:-~ot --- = 1
.
. Deleted:, excluded from the
calculation shall be areas which would
nonnally not be developable such as
waterways or water bodies, shore lands,
flood plains, steep slopes, hydric soils
and the like in addition to areas required
for streets, parks, pedestrian facilities,
stonn water controls and placement of
public utilities.
.
.
8. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying
zoning district. ,The <::ity rn,ay re,dl1ce ~e l1~rn,1>er of P~~19-l1g spacesin
commercial districts provided thellJD liPP1.iCaJ1!~ submit i11fo.rmatio.D, .
demonstrating a reduced need for parking facilities (e.g. senior housing
complex, PUD's featuring joint parking facilities, parking study,
proximity to and availability of bus service coupled with transit-friendly
design, etc). Th~ reill!9JJon in off:-2tr.~et p..~lJQ.ng~lLci lo~.s;lin.g,Jip-aCe_lliust ~
]!JJI!illi!lltJ.Qll.2.l2f&.illL)ls~..J2Yl!llj t }Yitllf..Qll'pitiQn!i.~t bv t!JE_glY_~Qllllcil:. T
9. The major internal streets serving each planned unit development shall be
functionally connected to at least one minor arterial or collector street as
defmed by the comprehensive plan.
T.. . .,.. . -, ... .- .. .. ..' p' .. ... ..,' -,.
b) In Single-Family PlJI)s. Single-family PUDs shall be subject to the following
limitations in modification of regulations in addition to those limitations set
forth in subsection a (above, entitled "permitted modifications of regulations,
in general")
1. The minimum lot size as required in underlying zoning classification may
be reduced by up to 15 percent; provided, that an area(s), not including a
critical area or storm water conveyance or storage facility, equal to the
combined reduction in lot area is set aside for the following:
a. Common useable open space comprising of landscaping and
facilities such as, but not limited to play areas, trails, picnic tables
and benches;
.
b. Areas containing significant trees as defined by the City;
c. Other non-critical areas, the preservation or creation of which
promote one or more goals and or goals and/or policies of the
comprehensive plan;
d. The applicant shall demonstrate that the area proposed to be set
aside creates a public benefit which would not exist if the
minimum lot size were not modified.
2. The minimum lot width as required within the underlying zoning
classification may be reduced up to 10 percent;
;L)Zequired,yard setbacks shall notbe re,duced.
c) Non-single-family PUDs. Non-single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to those
limitations set forth within the underlying zoning classification.
.
Ir.--..------.-.-)
" Deleted: However, t .
.,
. ,
Deleted: required provided
, Deleted: COMMENT: I am alwa)'s
concerned about a reduction in
parking standards if there is not a
specific well-defined and objective
standard. If there is not a well-defined
standard, developers will consistently
corne forward asking for reduced
parking. We ma)' want to delete this
paragraph regarding reduced off-street
parking if there is a demonstrated
need, or define what a demonstrated
need is bv some objective standard.
_~~===c===..._-.-""=,==
Ir~'
<#>The streets connecting with any
planned unit development must be of
sufficient size and character to
accommodate the traffic to be produced
by the project. The streets connectiug
with any PUD shall not sib'1lificanUy alter
Ule character of existing residential
neighborhoods. Evaluation ofthe
proposal pursuant to this section shall
include consideration of the following
criteria. COMMENT: We may want to
specif~' the size of streets connecting to
a pun. The qnestion is whether this
gives too much discretion to the
deveioper. '1
I '1
<#>The increase in tratTic which will be
generated by the development;'1
'1
<#>The present width and condition of
streets to be affected;'1
'1
<#> Presence or absence of improved
sidewalks,r
11
<#>Potential impacts upon the value of
surrounding properties;'i
11
<#>Anticipated effect upon availability
of parking;lI
I '1
<#> Existence of a particular conflict
between vehicular and pedestrian traffic;'1
11
<#> The street type designated in the
comprehensive plan.lI
11
COMMENT: There should be a more
objective standard for reducing the
paved right-of-wa)'. Paved righCi'll
Deleted: <#>Within self.contained (i.e.
private) developments. the minimum
front yard setback as required b)' the
underlying zoning classification for
individual lots may be reduced up to 50
percent, except that the front yard setback
from all exterior boundary lines shall
confonn to the Wlderlying zoning
, classification requirements.lI . ~
Formatted: Bullets and Numbering
'. ,
. ,
. ,
. ,
,
l Deleted: side and year
1. When a PUD containing dwelling units is proposed on property having
more than one underlying residential zone, the total number of dwelling
units allowed may be determined by totaling the number of dwelling units
allowed to be located on each portion of the POO area located in a
separate zone according to the regulations of that zone.
2. The City, at its discretion, may allow the number of units arriveg at under
subsection c-l (immediately above) be located anywhere within the
planned unit development subject to the PUD approval process set forth in
this chapter and provided that the City make a finding offact that a public
benefit resulting from such action is present.
Subd. 5: Subdivision Requirements. The approval of a subdivision shall be
required of all projects which involve or contemplate the subdivision of land and the
procedures set forth in the subdivision ordinance shall be followed concurrently herewith.
The approved final development plan shall be a binding site plan.
Subd. 6: Pre-Application/Informational Meeting and Concept Plan Required.
a) Informational Meeting. Prior to filing an application for Preliminary POO
plan approval, the applicant of the proposed PUD shall arrange for and attend
an informational meeting with City staff. At such conference, the applicant
shall be prepared to generally describe their proposal for a PUD. The primary
purpose of the meeting shall be to provide the applicant with an opportunity to
gather information and obtain guidance as to the general suitability of the
conformity to the provisions of this code before incurring substantial expense
in the preparation of detailed plans, surveys, and other data.
b) Following a pre-application/informal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD
shall submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature of the entire development without incurring substantial
cost. This concept plan is 110t considered an apnlication for development.
Review and acceptance of the concept plan bv City staff does not
constit11te approval of the plan bv the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
process after an application has been submitted to the City. The concept
plan is simply an informal method of nroviding: information to the
developer as to whether the plan is generally acceptable or whether the
plan has problem areas. T.
The general concept plan should include the following elements:
.
.
Deleted: serves as the basis for the
informational meeting so that the
proposal may be considered at an early
slage. COMMENT: This should be
deleted since it may trigger the 60-day
rule with respect to approving such
items as overall maximum PUD
I densit)', generai location of streets and
general location of open spaces, etc.
.
a. Overall maximum PUD density range.
.
b. General location of major streets and pedestrian walkways.
c. General location and extent of public and/or common open space.
d. General location of residential and non-residential land uses with
approximate intensities of development.
e. Staging and timetable of development.
f. Other special criteria for development.
Subd.7: Preliminary and Final Plan Approval Required.
a) Each PUD shall require preliminary and final approval.
b) If land subdivision is requested in conjunction with the PUD plan, both
preliminary and final POO approvals shall be processed concurrently with the
platting procedures set forth in the City's Subdivision Ordinance. Required
data, parkland/fee in lieu of parkland dedication, design standards and
required improvements shall be the same as per a conventional subdivision
and as seHorth within the City's Subdivision Ordinance. In addition to the
data requirements itemized within the Subdivision Ordinance the application
shall also include information necessary to process the PUD preliminary and
fmal planes) as contained within this chapter. The City,f}.~ipj~tnltO!tnllY
waive requirements determined to be redundant.
.
.s.~l?d._~:_ PJ1as_e~D(:)y~l~1JlJJ(:)l1!._J:)(:)vt?l~Ptn(:)l1! 9f.t:l1t? Er9ject_tnay~e pllCisc:c!:,_ip_ --
which case each complete phase may be processed separately through both
preliminary development plan review and final development plan review. A map
showing all property owned or controlled by the developer which is contiguous to
the development site or which is within the area determined by the City to be
relevant for comprehensive plarrning and environmental assessment purposes,
together with a preliminarY pla\()f ~Clid_pr()p~rtie_( .e:V(:)l1!1!~14c:V'e19P11l:c:nt_t!1r()llgJ:1_ ,,'
all potential phases shall be submitted with the application for the first phase. The
developer is not responsible for providing a preliminarv plattor c()l1!igu~)Us or, m" ''''
nearby property which is not owned or controlled by the developer. The
preli minan' plat S1:1111l conform to t:l1e puryos.~s_ ()f ~s se<:;tio,n and shllll,~e 1l~e4 by ,_- - "
the City to review all phases of the development. All phases of this development
shall conform to the preliminary pla1;.all cOll~itions of appr()val and applicable '"
regulations. .
Subd. 9: Preliminarv PUDs - Contents of Complete Application.
.
- .{ Deleted: zoning J
>==-~~"""=""~"=,.'"..="~'=-===-=)
-- 'l Deleted: a
Deleted: COMMENT: This ma)' not
fit with the St. Joseph ordinance.,\!
~~--,----,-,-_..,--,--_..,
-f Deleted: conceptual plan
)
)
J
-[ Deleted: conceptual plan
-lDeleted: conceptual plan'
,[D~~~~I;la::-----l
a) The applicant shall file with the City a preliminary plat plan whichis
consistent with the requirements ortlle City's Subdivision Ordinance.
Ordinance 54. The preliminary ulat plan shall include the following:"
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the
City to be relevant for comprehensive planning, environmental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
a. Identify all setbacks for lots and other areas ortlle development.
b. Individual trees over eigbl inches in trunkdiameter1l1easured four feet.,
above the base of the trunk in areas to be developed or otherwise
disturbed;
c. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open space,
landscaping areas and utilities;
LIf the developer owns or otherwise controls property adjacent to the
proposed development, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner with
the proposed development~_.. _ n ... _ _ n __ _
e. I:!i!I:J5.0..ill1d tmiLnlap-p-ursuant to Ordinance 54.18....._
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8. Text describing conditions or features which cannot be adequately
displayed on maps or drawings;
-[ Deleted: development
Deleted: (ten large scale copies and one
I] x 17 reproducible copy). which
includes the following;
.- - - - -( Formatted: Bullets and Numbering]
..l.~_o~ma.~~ I.~dent: ..':~:. 1" _ ]
( Deleted: <#>TopoIP'aphy at two-foot l
contours for slopes 15 percent or less and
\ five-foot contours for slopes over 15
" percent:'1
, , '1
'.( Formatted: Bullets and Numbering]
..- - - .- -r Formatted: Bullets and Numbering]
~eted: '1 J
----------
.
.
9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
.
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed and as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
.1.LAnarrative stating ho~!the J>r()po~ed PIJpplan i!l1pacts~djac~nt p!Clperty. '\
owners;
12. A narrative describing proposed operation/maintenance of the
development including open areas, storm water features and recreational
facilities resulting from the subdivision;
11Jf applicable, draft conditions, covenants and restrictions and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities;
. Deleted: <#>A narrative stating how
the proposed plan impacts adjacent
, property owners;'1
'- '1
,. , '0 '1 Formatted; Bullets and Numbering
. . o[ Formatted: Bullets and Numbering
,.- - - . .r Formatted: Bullets and Numbering 1
lLInformation normally required within the underlying zoning classification +- - - -- [ Formatted: Bullets and Numbering 1
relating to site plan review.
li... Other information required by the City and the Subdivision Ordinance.
Ordinance 54..
.
b) The applicant may submit to the Citv Administrato:c..<lir~~t()! P!()p()~~~.. .. . _ .. _ .. ..
development standards, which, if approved by the City, shall be come a part of
the preliminary plan in lieu of the requirement of subsection a-2 of this section
for specifying placement, location and principal dimensions of buildings,
streets, and parking areas. This alternative process is intended to
accommodate the need for flexibility in large-scale non-single-family
developments, while insuring that sufficient information as to the nature of the
development is available upon which to base a decision concerning the
preliminary development plan. Proposed development standards shall
specifically set forth parameters for location, dimensions and design of
buildings, streets and parking areas. T_. ... _. ._
Subd 10: Preliminary PUDs - Criteria for Approval
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
1. The proposed proj ect shall not be detrimental to present and potential
surrounding land use.
.
..- - - - { Formatted; Bullets and Numbering 1
-( Deleted:
. Deleted: COMMENT: We will have
to determine who this would be
submitted to.
2. Land surrounding the proposed development can be planned in
coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
6. The project conforms with the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set
forth within the Subdivision Ordinance.
Subd. 11: PreliminarY PUDs - Minor and MaiorChanges to an Approved
Preliminary PUD.
a) A proposed minor change to an approved PUD require a public hearing and
shall be incorporated into the application for final PUD approval, and any
notification regarding such fmal PUD approval shall describe the proposed
minor change(s). A "minor change" means any departure from the conditions
of preliminary approval which is not a "major change" and includes but is not
limited to the following:
.
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the City.
.
.
b) A proposed maj or change to an approved preliminary POO shall require
reapplication for preliminary POO approval and any notification regarding
such preliminary POO approval shall describe the proposed major change or
changes. A major change is any departure from the conditions of the
preliminary POO approval which would result in any of the following:
1. Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of non-residential structures;
5. A decrease in the amount oflandscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
impacts surrounding development.
Subd. 12: Final POOs - Contents of Complete Application. ,Within 12 months
following the approval of the preliminary PUD, the applicant shall file with the
City a final POO conforming to the approved preliminary POO. The fmal POO
shall include all the requirements U11der the Subdivision Ordinance. Ordinance 54.
and the following information:
.
1. A survey of the property, showing for all areas to be developed or
disturbed existing features, including an identification of all setbacks for
~ach lot and the boundmi<<.s for the developmentJ?~il~i,r1g~,..stz:u:c~l?s-,.. ....
trees over eight inches in trunk diameter measured four feet above the base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed fmal conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon fmal PUD approval;
4. Proposed final agreements which may have been required as conditions of
preliminary POO approval;
5. A development schedule;
.
...- - - .." Formatted: Indent: Left: 0.5", No
bullets or numbering
. . .r Deleted: '1
Deleted: topography at two.foot
contours for slopes 15 percent or less and
five-foot contours for slopes over 15
percent,
6. The following plans and diagrams;
a, An off-street parking plan;
U<lnd~~a'ping and !Teeplant~g plap.Jin~lu<ii!1gsite grading;
L._l.g1j~l!Dg,_1!:~il-Pl<},n cQ.p.-,,;1'l1~t witll O~gilli1).lCe 54.lQ.
~ubd._l3:FinaJ PU])s-:- c::riteria for Ap12ro~aLf~l1al}'U]) app~oyal ~ha11. be
granted by the City only if the applicant demonstrates that the fInal POD substantially
confomls to the approved preliminary PUD. For the purposes of this section,
"substantially conforms" means that, as compared to the preliminary PUD, the fmal PUD
contains no revisions in density, uses, design or development standards or in the site plan,
other than the minor changes pursuant to Subd. 11 of this section.
,subd. I:!.; FinalPUDs-:-Failureto File -:- Terminati()n~
a) In the event the fInal POD or any required attendant papers are not filed
within ninetv (90) davs following approval of aprelimina.ryPlJD, exc:eptas
provided elsewhere in this Section or as noted in subsection b (immediately
following this subsection), the approval of the preliminary PUD shall lapse
and the approval shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary PUD approval that the fmal
PUD is to be phased, the fmal PUD for the first phase shall be submitted
within 12 months of preliminary approval. The fmal development plan for
each subsequent phase shall be submitted within the schedule established at
the time of preliminary POD approval. In the case of a POD, which includes a
subdivision, the fInal POD shall be submitted within fIve years of receiving
preliminary approval.
c) The time period for flling of fInal PODs shall not include periods of time
during which progress on the fInal POD was reasonable halted or delayed due
to the f1ling and pendency of legal actions challenging an approval granted by
the City pursuant to this Section; provided, that in all cases when more than
two years have elapsed subsequent to the date of approval of a preliminary
PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards of the City prior to
being granted approval of the fInal POD; provided, that a change in zoning
district classification enacted subsequent to approval of the fmal development
plan shall not affect the project.
Subd. 16: Final PODs - Adiustments to Approved Final PUD
a) The CitY.. Mministrator is authorized t() allow adjustnlents in accordance with
subsection b (which immediately follows this section) of this Section. The
" Deleted: <#>A circulation diagram
indicating the proposed movement of
vehicles and pedestrians within the
.." .. ~', " planned Wlit development. and to and
I, \ from existing and problfanuned
\ \ thoroughfares; any special engineering
\. \ features and traffic regulating devices
, needed to facilitate or insure the safety of
'. \, \ this circulation pattern must be shown;,r
, " , <#>'1
" , \<<r Formatted: Bullets and Numbering
, " 'f Deleted: A topographic map or model
; \ I of the site and surrounding vicinity;
, \
'( ,~~.':~att~~:",~u.lle~s _~~d ~~~~erin,~_,__
Deleted: <#>In the event that
development standards were submitted an
approved as part of the preliminary
development plan. development standards
shall be made binding upon all future
developers of the property in a manner
acceptable to the City and may be
submitted in lieu of elevation and
perspective drawings of project
improvements,'1
~,
,
Deleted: Subd, ]4: Final PUDs-
Extension of Time for Filino. For good
cause shown, the City, at its discretion,
may grant an extension of time of one
year for filing the final PUD and required
accompanying papers, and may grant
additional one-year extensions; provided,
however the City shall have the right to
re-examine and update any conditions
made to mitigate development impact.'
"', '1
'.[ Deleted: 5 I
'[;;eleted: 12 months j
----.------
.. -( Deleted: zoning
'r Deleted: a
.
.
City,Mministrator shall allow only such adjustments as are consistent with
guidelines established in subsection b of this section, and in no case shall an
adjustment be allow if it will increase the total amount of floor space
authorized in the approved final PUD, or the number of dwelling units or
density, or decrease the amount of parking or loading facilities or permit
buildings to locate substantially closer to any boundary line or change
substantially any point of ingress or egress to the site.
b) For the purposes of this section, "adjustments" means any departure from the
conditions offmal PUD approval which complies with the following criteria:
1. The adjustment maintains the design intent and quality of the original
approval;
2. The amount oflandscaping, buffering and open space shall not be
reduced;
3. The number of dwelling units in residential developments and the square
footage of structures shall not increase;
4. The adjustment shall not relocate a building, street or other use more than
20 feet in any direction and shall not reduce any required yard and/or
setback;
5. The height of buildings and other structures shall not increase;
6. Views from both structures on-site and off-site shall not be substantially
reduced;
.
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original
documents;
10. The Citv.,A4IJ.1,inistrat()~ d:et~rminestp:a!tl1~ch.al1ge'Yil1 n.<>tiJ1~~easeal]:Y 000 0
adverse impacts or undesirable effects of the project, or that the change in
no way significantly alters the project.
c) If proposed anlendments to an approved PUD can not be classified as an
"adjustment", the PUD shall be amended using the "Minor and Major
Changes to an Approved Preliminary PUD" process described in Subd. 11
herein.
.
o or Deleted: zoning
.. or Deleted: a
J
J
-(D~ted-;-;;':;;'-;---"--_O--'1
o ~:~~o~___..__.._._______J
Subd. 17: ..P.9Y.e!opers,~g:~'2~rpe!It .Reql.!i~()41?r fini'l1)>llp. ,rriort~)t.h.e __. __ __ __ __
installation ofreCluired improvements mandated bv the Subdivision Ordimmce,
Ordinance 54. and prior to approval ortlle Final Plat for the PUD. the developer
2h...eJL~nj.~.jn1Q.JLg.QJ:lJ:m.\{l wi.tll!l~J;~i!:Ylt.qyinngJh.n:Ltl1t. develQ12er (llm.i~hl!ll(l
y_QnstrQQ.t ilI).>>LQY~m.~nts I.~..9.1!ired QLOrdinf!.ll.Q.t.i4 auh~_geveJ op..s;r' G.Qill.'2-:l2if.lmd
in :.tccQ.rQ...CYlQ~_w.it.h..I11m."li' and sRt<.g,ificatiQI..h'U.Qj1r.J!P-P-LQ2-::..~.J.1.YJll~ Ci t Lt11\!i.llyel:,.
Thf.i;jly!D~.:Y~lml.er eo:nlLact ~~al.Lg,iJ;mJ.att< the .J)P-.f..ill!Q..s;xt.~JlJ.. of tl1~
ilJ)1-!LQ.Y..t<.m...(:m1.~ts:~Q~sQ.lb<:j:mQ1f.Q. th~QBt.9.Lf.Qll.J!.t.ru,91i..Q.!1...1h~Q]1~truct.h1.1LJi~
schedule. the Citv's authoritv to inspect the construction and the amount of the
~scrm!/ deposit perroDnance bond. warrant v bond and labor and materialman
bond to be furnished. The Citv/DeveIoper Arrreement shall be in substantially
similar form and content as the attached CitvIDeveloper Al!reemenl in Annendix
"B" of Ordinance 54.
Subd. 18: Operatinl! and Maintenance Requirements for POO Common Open
Space and Service Facilities.
a) Whenever common open space or service facilities are provided within the
POO, the POO plan shall contain provisions to assure the continued operation
and maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a POO shall be placed under
the ownership of one or more of the following:
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
a. Prior to the use, occupancy, sale or the execution of contracts for sale
of an individual building unit, parcel, tract, townhouse, apartment, or
common area, a declaration of covenants, conditions and restrictions
or an equivalent document as specified in Minnesota Statutes shall be
filed with the Cit\~A<iJ.p.j~~s~(lt()~ P!ioy t()..fr.1e:01itJ.g~ .0f.fr.1~4~c}~~(ltioIl m
of documents or floor plans with the County Recorder's Office.
b. The declaration of covenants, conditions and restrictions or equivalent
document shall specify that deeds, leases or documents of conveyance
affecting buildings, units, parcels, tracts, townhouses or apartments
shall subj ect the properties to the terms of the declaration.
c. The declaration of covenants, conditions and restrictions shall provide
that an owner's association or corporation may be formed and if such
an association or corporation which shall maintain all properties and
.~ ~ .. .. -[ Formatted: Indent: Left: 0.5"
". Formatted: Underline
. Deleted: Bond Re uired for Final P
No final PUD shall be implemented '1
until the applicant files with the City a
bond approved by the City. executed by a
surety company authorized to do business
in the state. or other equivalent security
approved by the City A ttomey, in an
amount equal to 110% of the estimated
cost of all public improvements, utilities
and landscaping, conditioned upon the
permittee's completion of such portions
of the project according to the submitted
fmal PUD and the provisions of this
Section, and in addition, providing that
no change. extension of time, alteration
or addition to the project will in any way
affect tile obligation on tile bond. Said
boud, or an additional bond or other
equivalent security, shall also be
conditioned upon full restoration of the
I site in the event that grading; clearing or
any other site preparation, or work is
begun and abandoned, and in the
determination of the City, it will belter
serve tile public health, welfare and safety
to restore the site rather than 10 require
completion of public improvements,
utilities and landscaping. If the PUD is
also being subdivided, the bonds required
to be posted by the subdivision of
property as per the Subdivision
Ordinance, to the extent that they satisfy
tbe requirements of this Section, shall be
accepted as full or partial fulfillment of
~e requirements hereof.
.
.r Deleted: Zoning
.
.
.
.
common areas in good repair and which shall assess individual
property owners proportionate share of joint or common costs. This
declaration shall be subject to the review and approval of the City
Attorney. The intent of this requirement is to protect the property
values of the individual through establishing effective private control.
d. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in accordance
with the applicable rules and regulations of the City or fails to pay
taxes or assessments on properties as they become due, and in the
event the City incurs any expenses not immediately reimbursed by the
association or corporation, then the City shall have the right to assess
each property its pro rata share of the expenses. Such assessments,
together with interest thereon and costs of collection, shall be a lien on
each property against which such assessment is made.
e. Membership in the association must be mandatory for each owner and
any successive buyer and the association must be responsible for
liability insurance, taxes, and the maintenance of the open space
facilities to be deeded to it.
f. The open space restrictions must be permanent and not for a given
period of years.
g. Property owners must pay their pro rata share of the cost of the
association by means of an assessment to be levied by the association
which meets the requirements for becoming a lien on the property in
accordance with state law and the association must be able to adjust
the assessment to meet changing needs.
h. The by-laws and rules of the association and all covenants and
restrictions to be recorded must be approved by the City Council prior
to the approval of the fmal POO plan.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that
are shown on the fmal development plan for a POO must proceed at the same
rate as the construction of dwelling units or other private facilities.
,subd.J2,; Termination of Planned.Unit Devel()pment .~. Failure to (;ollUIlence 01"
Continue Construction. lfthe construction has not been started within two (2),y~<lrsfr()m ......
the date of approval of the fmal POO with an associated subdivision, or two years from
the date of approval of any other fmal PUD, or if construction has been commenced but
the work has been abandoned for a period of one year or more, and if no extension of
time has been granted as provided herein, the authorization granted for the planned unit
Deleted: Subd. 19: Buildin. Pennits
Certificates of Occuoancv. The City shall
issue '1
building penn its and structures, whicb
confonn with the approved final PUD
and with all other applicable City
Ordinances and Regulations. The City
sball issue a certificate of occupancy for
completed buildings or structures, which
confonn to the requirements of the
approved final PUD and all other
applicable City Ordinances and
Regulations. Tbe construction and
development of all tbe open spaces and
public and recreational facilities of eacb
project pbase must be completed or
bonded before any certificate of
occupancy will be issued.'1
~
Subd. 20: Extension of time for
Construction. For good cause shown, the
City, at'll
its discretion, may grant one extension of
time for commencement or continuation
of construction subsequent to approval of
" . l the final PUD.~
, '1
.J D~leted: .21. .. _.
{ Deleted: five
I
~
J
development project shall terminate and all permits and approval issued pursuant to such
authorization shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however, in all
cases, when more than five years have elapsed subsequent to the date of approval of any
other final POO with associated subdivision, or more than two years have elapsed
subsequent to the date of approval of any other fmal POO the permittee shall be required
to comply with all current building, construction, subdivision and other applicable
standards ofthe City; provided, that a change in zoning district classification enacted
subsequent to approval of the final development plan shall not affect the project.
T .. HSubd. 2.1; Lots SubiecttoF'inal PUD~ .Alllots or other divisions of a subdivided
planned unit development shall remain subject to compliance with the final development
plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance
or 10t(s)/division(s) of a subdivided POD where subsequently conveyed.
.
r
Deleted: Subd. 22: Sale of Lots. Lots
in a planned unit development may be
sold to separate owners according to the
separate lots as shown in the plat filed
and approved in connection therewith. No
sale shall be pennilled which subdivides
a lot in sllch a manner as to create a new
lot line except as provided in Snbd.
(lot split) of Section 54, Snbdivisio';--
Ordinance.,r
.. '1
( Deleted: 3
.
.
. MEMO
.
.
TO:
Judy Weyrens
FROM:
Tom Jovanovich
RE:
Conflict Between Fence Ordinance 56 and Easement Ordinance 32
OUR FILE NO.:
25077
DATE:
August 18, 2006
The Easement Ordinance prohibits fences over easements, except by application and approval by
the City. The Fence Ordinance does not speak to the issue. In order to remedy any possible
conflict between the two Ordinances, we have added a section in the Easement Ordinance which
specifically states that the property owner may petition the City to place a fence over the
easement. The section also provides that the City has a right to request the landowner to remove
the fence in the event access to the easement is required. The landowner would bear all costs for
removal and restoration of the fence.
AMENDMENT TO ORDINANCE 32
LTh1ITING ACTIVITIES IN PUBLIC EASEMENTS
The Council of the City of St. Joseph hereby ordains:
.
That Ordinance 32.03 is amended to read as follows:
Section 32.03: LTh1ITATION OF ACTNITIES IN AREA OF EASEMENT.
a) The following activities by the owner are permitted in an easement:
1. Lawn.
2. Vegetable or flower garden.
3. Maintenance of lawn ornaments, lawn fumiture, recreation and play
equipment and game apparatus which are not affixed or anchored to the
ground.
4. Driveway and sidewalks.
5. The use and maintenance of (a) (1, 2,3) above by the landowner and
guests in a regular and intended manner.
b) All other uses, unless specifically pernlitted herein, shall be considered prohibited
and shall not be maintained on or in an easement, except by written permit
granted by the City after application pursuant to the following procedures:
1.
The landowner shall submit a written request to the City
Clerk/Administrator describing the easement to be affected and the
proposed use for which permit is sought, together with an administration
fee as may be set by resolution of the City Council.
.
2. The City Clerk/Administration shall refer the request to the City
Maintenance Supervisor for consideration and recommendation. If the
easement to be affected by the request is a utility easement, the request
shall also be referred to the City Engineer for consideration and
recommendation;
3. Based upon the recommendations received from the Maintenance
Supervisor and City Engineer, the City Administrator/Clerk shall make a
recommendation to the City Council and the Council shall approve or
deny the request, taking into consideration the stated purpose ofthis
ordinance. Any approval make be accompanied by specific conditions or
modifications to the original request as deemed appropriate to protect the
City's interests;
.
.
.
.
A
"T.
Fences may only be erected over an eaSemL'11t irthe landowner meets the
requirements of Section 32'(J3(b). If the request for the fence is approved.
the City r<:;li.\in.iiJhe .1..i.gbt tQ.J~_q1!jre tllS"J1!ndowm:r.J.QJ1<rno"y'~or abal~.Jh~
fence where the fence interferes in anv manner with the Citv's easement
use. If there is an emef!2encv necessitating immediate access to the
easement. the City reserves the right to remove the fence to obtain access
to the easement. The lando'wner sha11 bear all costs for removal and
res19J1.l.1.ion Qfthejem;e ill th~_event t11.~..l~ndowner is l~c:wired ill re111Q..\!5;
the fence for access to the easement Of in the event the City removes the
fence in the case of an emergency. The Citv sneciflcal1v reserves all ri gbts
Qf..;gu:aseD1,enchoj~k1:....llif9Tcl<:;.(LlJ.!l~euhe COJ1].1..llilJ.1lgw .Qf the $tat.LQf
Minnesota.
c) Nothing stated herein shall deny the City the right to request a landowner to
remove or abate any permitted use or activity existing in the easement where the
use or activity directly intelferes in any manner with the City's easement use, if
the City is currently engaging in the use or intends on engaging in the use. The
City specifically reserves all rights of an easement holder afforded under the
common law of the State of Minnesota.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYISTJOE\2006
AMENDMENT TO ORDINANCE 54
SUBDIVISION REGULATIONS
. The Council of the City of St. Joseph hereby ordains:
That Section 54:15, is amended and shall state as follows:
.
.
Section 54.15: PLAT DATA REQUIREMENTS.
Subd. 1: Preliminary Plat Requirements. The Preliminary Plat shall contain the
following information:
c) Proposed Development.
ill_.~~r.!s: and T!mLPlf!!LPar:k..ill1d trail j2!al1.J)ursuant to Ordinance 54.18.
s:.).
SupplementarvReguirernents. T'Y()m copies of ~adl, oft4(; folIov.ringsllbrnittals ... .{ Deleted: d
shall accompany the Preliminary Plat: . . .. .. -
This amendment is adopted the
be effective upon publication.
, 2006, and shall
day of
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYISTJOE\200G
.
.
.
AMENDMENT TO ORDINANCE 84
TRAFFIC & MOTOR VEHICLES
The City Council for the City of St. Joseph HEREBY ORDAINS:
111at Ordinance 84.05 is amended to read as follows:
SectiDn 84.05: IMPOUNDMENT. Any vehicle left parked or standing in violation of
this Ordinance or the laws oftheState of Minnesota may be towed away pursuant to the
provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded
under this Ordinance or State law may be claimed or recovered after payment to the towing
authority of all towing and storage charges. The City, its agents and employees, shall not be
responsible for any damage done during towing and impoundment under this Ordinance or State
law.
Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been
impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle
at his or her last known address as shown by the records of the Department of Public Safety. If
the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police
shall publish at least once in the City's official newspaper notice of the impounding, the license
number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type
of vehicle impounded.
Subd. 2: Sale of V ehicle. If after the expiration of sixty (60) days after mailing or
publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's
agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at
least twenty (20) days notice of such sale by publication in the City's official newspaper of the
time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable
certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any
other specifically identifying information, and the notice shall state to whom, if anyone, the
records of the Department of Public Safety show the car belongs, and if the name ofthe owner is
unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall
send that person a copy of the published notice immediately after publication of the notice. The
City shall credit any money it receives after the sale to the City's general fund. At any time
within one (1) year after the sale, if the former owner ofthe vehicle which has been sold appears,
upon application to the City Council and presentation of satisfactory proof that the person was
the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the
necessary expenses thereof, and less the towing, impounding storage charges and administrative
fees as set forth in Subdivision 4.
Subd.3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the
City Police Department may release the vehicle to the respective party and the towing company
impound lot shall then notify the City Police Department of the date and to whom the vehicle
was released.
Subd.4: Towing and Impound Fees. A towing charge in cOllilection with the
impounding of any vehicle shall not exceed the amount agreed upon in any current contract
between the City of St. Joseph and the duly designated garage owner, a true and correct copy of
which shall be on file in the office of the City Clerk! Administrator for public inspection and
reference, and the scheduled charges of the current contract is hereby made a part of this chapter
as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges,
an administrative fee of Twenty Dollars ($20) shall also be charged to the owner of any vehicle
found to be in violation of this ordinance.
.
Section 81.05: ,\UTHORITY TO REMOVE VEHICLES PARKED INVIOL^..TION
OF THIS ORDINfJ,.NCE.
Subd. 1: f~y vehicle found parking in violation ofthis ordinance or thc la'vYS ofthe State
of Millliosota, is hereby declared to be a nuisance and may be similarly abated by, or under the
direction or at the request of a police officer by remo~v'ing and impounding the vchicle by means
of towing or otherwise, and shall be surrendered to the duly identified o'.Yner thereof or his agent
upon the pa)1nent of fees hereinafter provided.
Subd. 2: fJ,. to'vVing charge in connection with the impounding of any vehicle shall exceed
the amount agreed upon in any current contract bot'.veen the City ofSt. Joseph and the duly
designated garage owner, a true and correct copy of which shall be on file in the office of the
City Clerk/Administrator for public inspection and reference, and the scheduled charges of the
current contract is hereby made a part ofthis chapter as fully and to the smne effect as if set forth
herein'v'erbatim. In addition to the to'.ving charges, an administrati'v'e fee of Five Dollars ($5) .
shall also be charged to thc oVlller of any vehicle found to be in violation of this ordinance.
Subd. 3: Before the oVlller or his agent may be permitted to ron1OVC the vehicle
impounded pursuant to this section, he must furnish satisfactory evidence of his identity ffild
oV/nership of the vehicle and he must pay the fees for tov/ing and storage of the vehicle as sot
f01ih in the contract betv/een the City and the garage, plus the administrati'/e charge hereinbefore
set f01ih, and he shall sign a written receipt for the vehicle. It shall be unlavlful for any person to
reclaim the vehicle so impounded v/ithout first paying all of the towing and storage fees provided
herein. The garage oVlller shall not release any '/chicle designated as a police "hold" v/ithout oral
release thereof from the Chief of Police or his authorized representative.
This amendment is adopted the _ day of
effective upon publication.
,2006, and shall be
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
.
.
.
.
This amendment was published on
L\city\stioe\2006
By
Judy Weyrens, Administrator/Clerk
,2006
MN ST s 169.041
Page 1 01 j
M.S.A. 9 169.041
Minnesota Statutes Annotated ~urrer:Ltne~.$
Transportation (Ch. 160-174A)
"1il..C.hal2teL169.. Traffic Regulations
"Iil Towing
*169.041. Towing authorized
.
Subdivision 1. Towing authority. For purposes of this section, "towing authority" means any local
authority authorized by secUQllJJi9.04 to enforce the traffic laws, and also includes a private towing
company authorized by a local authority to tow vehicles on behalf of that local authority.
Subd. 2. Towing order required. A towing authority may not tow a motor vehicle from public
property unless a peace officer or parking enforcement officer has prepared, in addition to the parking
citation, a written towing report describing the motor vehicle and the reasons for towing. The report
must be signed by the officer and the tow driver.
Subd. 3. Four-hour waiting period. In enforcing state and local parking and traffic laws, a towing
authority may not tow, or allow or require the towing of, a motor vehicle from public property for a
parking or traffic violation until four hours after issuance of the traffic ticket or citation, except as
provided in this section or as provided for an unauthorized vehicle in section 168B.04.
Subd. 4. Towing allowed. A towing authority may tow a motor vehicle without regard to the four-
hour waiting period if:
(1) the vehicle is parked in violation of snow emergency regulations;
.
(2) the vehicle is parked in a rush-hour restricted parking area;
. (3) the vehicle is blocking a driveway, alley, or fire hydrant;
(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited;
(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign;
(6) the vehicle is parked in a handicap transfer zone or handicapped parking space without a
handicapped parki ng certificate or handicapped I icense plates;
(7) the vehicle is parked in an area that has been posted for temporary restricted parking (i) at least
12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii)
at least 24 hours in advance in another political subdivision;
(8) the vehicle is parked within the right-of-way of a controlled-access highway or within the traveled
portion of a public street when travel is allowed there;
.
https://web2.westlaw .com/resultldocumenttext.aspx?service=Find&rs= WL W6. 06&cnt=D... 7/17/2006
.
.
MN ST s 16Y.041
yage Lor.:)
(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police,
public safety, or emergency vehicles;
(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul International Airport
owned by the Metropolitan Airports Commission;
(11) a law enforcement official has probable cause to believe that the vehicle is stolen, or that the
vehicle constitutes or contains evidence of a cri me and impoundment is reasonably necessary to
obtain or preserve the evidence;
(12) the driver, operator, or person in physical control of the vehicle is taken into custody and the
vehicle is impounded for safekeeping;
(13) a law enforcement official has probable cause to believe that the owner, operator, or person in
physical control of the vehicle has failed to respond to five or more citations for parking or traffic
offenses;
(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs;
(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle;
(16) the vehicle is parked, on a school day during prohibited hours, in a school zone on a public street
where official signs prohibit parking; or
(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 168B.011, and
subject to immediate removal under chapter 168B.
Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, a towing authority
may not tow a motor vehicle because:
(1) the vehicle has expired registration tabs that have been expired for less than 90 days;
(2) the vehicle is at a parking meter on which the time has expired and the vehicle has fewer than
five unpaid parking tickets.
Subd. 6. Private property. This section does not restrict the authority of the owner of private
property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the
private property.
Subd. 7. Damages. The owner or driver of a motor vehicle towed in violation of this section is
entitled to recover from the towing authority the greater of $100 or two times the actual damages
sustained as a result of the violation. Damages recoverable under this subdivision include but are not
. limited to costs of recovering the vehicle, including time spent and transportation costs.
https://web2.westlaw.com/result/documenttext.aspx?service=Find&rs=WL W6.06&cnt=D... 7/17/2006
MN ST s 169.041
.page j or j
CREDIT(S)
Li:lW$t9$9,(:,?;?p,s..1,E:!fLM.i;lV26,J9$9. Amend ed byLt;:1I,/'J$199Q,(:,S.O:?,sJ;Li:1W$J99?'(:'mS$Q,S
.L 1-aw.iU_9~~3~J9; hi;lWS 199~.c. 13Z,_9-S 10 to 12.
.
HISTORICAL AND STATUTORY NOTES
2006 Main Volume
The 1990 amendment added subd. 4, clause (14), relating to towing from a taxicab zone.
The 1992 amendment, in subd. 4, amended c1. (4) by including parking at a bus stop during hours
when parking is prohibited as one of the exceptions permitting immediate towing, and added cis. (15)
and (16), permitting similar treatment for a vehicle unlawfully parked and preventing egress by a
lawfully parked vehicle and for a vehi c1e parked in a school zone on a school day duri ng prohibited
hours.
The 1994 amendment, in subd. 4, cI. (7), inserted subcl. (i), which allowed a towing authority to tow
a vehicle without regard to the four-hour waiting period if vehicle is parked in a temporary restricted
parking area that has been posted 12 hours in advance in a home rule charter or statutory city having
a population under 50,000, designated subcl. (ii), and therein inserted "in another political
subdivision" .
The 1995 amendment, in subd. 3, added the exception relating to unauthorized vehicles; in subd. 4,
added c1. (17) relating to junk, abandoned or unauthorized vehicles; and, in subd. 6 inserted the
reference to chapter 168B and deleted "at any time" following "the towing".
CROSS REFERENCES
Liens upon towed motor vehicles, sees_514.1$.
.
LIBRARY REFERENCES
.t\,i,Jt9OJ91:.>He$ c(>;;;oJ2, .:?6$t9385.
Westlaw Topic No. 48A.
,(;),S.M9tQrVebj(:Les.s910, .5.1 to 52, 5..4 to 58,pQ top2, 1564 to 16ZZ.
M. S. A. 9 169.041, MN ST 9 169.041
Current with laws of the 2006 Regular Session, except Chapters 247, 259,
271, 281 and 283, effective through May 25, 2006
Copr. @ 2006 Thomson/West
END OF DOCUMENT
(C) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
.
https://web2.westlaw.com/resultldocumenttext.aspx?service=Find&rs=WL W6.06&cnt=D ... 7/1712006
.venti' Iwenue Nort;
P.C. Box '1433
UUl,ld, MN 55:10>', '143:'
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J.\TTOHNEVS tIT i~,A.W
June 29, 2006
Judy Weyrens
City Administrator
P.O. Box 668
St. Joseph, MN 56374
Cynthia Smith-Strack
Municipal Development Group, Inc.
Attn: Cynthia
25562 Willow Lane
New Prague, MN 56071
Tracy L. Ekola, PE
SEH
1200 25th Avenue South
PO Box 1717
St Cloud, MN 56302-1717
Ron Wasmund
Inspectron, Inc.
15120 Chippendale Avenue
Suite 104
Rosemount, MN 55068
RE: Environmentally Sensitive Areas Ordinance
Our File No. 25077
Dear Judy, Tracy, Cynthia and Ron:
Judy Weyrens asked me to put together an Environmentally Sensitive Areas Ordinance.
She stated that she felt the Ordinance from the Municipal Development Group was too
complex and wanted to look at other alternatives.
I reviewed Sartell's Ordinance and St. Cloud's Ordinance regarding environmentally
sensitive areas. It is my opinion that the St. Cloud Ordinance is the most well thought out
of the three that I have reviewed. However, it is clear that if the City wants to preserve
environmentally sensitive areas, it must make an inventory of the City and surrounding
township areas to determine which areas will have the highest priority for protection. A
review of these Ordinances makes it clear that the best approach is not simply to adopt an
Ordinance and hope environmentally sensitive areas are protected. Rather, a detailed
inventory by a scientist should be made to determine which areas need protection.
Before this inventory can be made, a priorities list has to be designated by the City to
determine what types of areas are important. I believe the St. Cloud Ordinance provides
a good example ofthis type of approach. This could be used as a guide to provide St.
Joseph with the list of priorities for environmentally sensitive areas that would be
relevant for St. Joseph since the geography of St. Cloud and St. Joseph is very similar.
July 29,2006
Page -2-
.
r suggest that you review the three Ordinances and determine which is the best approach. If we
believe the St. Cloud Ordinance is the best approach, we should approach the City Council with a
recommendation to proceed. We should alert the City Council that a simple passage of the
Ordinance is not enough to protect environmentally sensitive areas. First, the City must determine
what type of environmentally sensitive areas need to be protected, and then it should take an
inventory ofthe St. Joseph City and township areas to determine the exact locations of
environmentally sensitive areas that need protection in the future. The Ordinance can then be
crafted to detennine what type of protections each ofthe areas will receive. In some instances,
eminent domain may be necessary, however, the Ordinance provides a number of other means of
protecting these environmentally sensitive areas.
We should discuss this at the next staff meeting.
If you have any questions, please advise.
Sincerely,
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RAJKOWSKI HANSMEIER\L TD.
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Thomas G. Jovimovich
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Enclosure
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MUNICIPAL
DEVELOPMENT GROUP, INC.
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DATE
May 17, 2006
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Planning Commission, Administrator Weyrens
FROIv1
Cynthia Smith-Strack, lv1unicipal Development Group
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RE
Potential Zoning Ordinance Amendments
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Request:
The Planning Commission is examining several potential ordinance updates, including the
addition of standards for parcels abutting major transportation corridors and standards relating
to environmental conservation.
Background:
Environmental Corridor Overlay
MDG has prepared sample language for the Planning Commission to consider relating to a
transportation corridor overlay district and environmental conservation standards
.
The intent of the transportation corridor overlay district is to enhance the visual appearance and
continuity of development from parcel to parcel within highly visible, high-traffic corridors and to
maintain the long-term function of arterial and collector roadways.
Proposed standards would apply to specific areas adjacent to arterial/commercial roadways i.e.
100 feet from right of way (cons'lstent with zoning requirements for individual lots) except that
Interstate 94 overlay would be 500'.
Proposed standards within the corridor will (a) maintain vieWsheds adjacent to roadways
(aesthetic benefit - soften affect of development, protect corridor for possible expansion and
provide for buffering between high traffic and potentially residential areas) and (b) promote
unified lot layout, building design and development scale within the first tier of iots abutting
major transportation thoroughfares as a means of avoiding a build-out scenario which ultimately
results in a haphazard development pattern.
DRAFT standards are attached for review/comment. The EDA has reviewed the draft.
Environmental Conservation
lv1DG has prepared sample language for the Planning Commission to consider relating to
environmental conservation.
The intent of this language is to promote the 'small town atmosphere' within St Joseph by
protecting, preserving and enhancing the natural resources and landscapes which have
historically defined the City and region while encouraging" resourceful and prudent approach to
the deveiopment and alteration of land.
.
Proposed design standards would De placed into affect for all new non-administrative
subdivisions and developments reqUiring a SWPPP under hlPDC:S regulations (typically Dr)8
acre or more).
Standards would encourage the protection/conservation of trees, wetlands, steep slODes,
wildlife corridors, flood plains and surface waters. Specific details are contained within the
sample (e):1 as are incentives for environmental conservation.
The sample text has been reviewed/approved by Stearns County Environmental Services. the
DI\JR Area Hydrologist and a D!\IR Botanist.
The Planning Commission may wish to assemble a list of speciaiists who could review
proposals soecifically related to best methods of protecting environmentally sensitive areas
such as accredited foresters, hydrogeoiogists, geologists, botanists, shoreland preser'vation
specialists, flood plain specialists, etc. Similar resource lists are in effect in certain communities
in Stearns County.
DR,L-,FT standards are attached for your review/comment.
Action
l\Jo action is required at this time. The attached information is for review and conSideration
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SECTIOf'.!
EI'.!VIRONfv1EI\lTAL CONSERV.A.TION.
. Subdivision 1: FII\JDINGS/PURPOSEIINTENT
A. The City finds it is in the best interest of the City to protect, preserve and enhance the
natural resources and environment of the community and to encourage a resourceful
and prudent approach to the development. and alteration of land.
B. The City finds areas of significant native vegetation such as hardwood foresi
remnants, wetlands, surface waters and wildlife corridors, and other unique and
sensitive natural features within the City are part of the natural ecosystem and of
supreme benefit to the community and region.
C. The City finds that minimization of grading, land instability and vegetation removal on
steep slopes helps to:
1. Protect the quality of wetlands and water courses below the slope Tram
increased sedimentation;
2. Protect steep slope plant and animal habitat from disturbance;
3. Preserve the aesthetic quality of the natural terrain.
D. The City finds trees can provide:
1. Character and aesthetic value by buffering different land uses and by
providing visual screening, noise, glare and heat abatement in transitional
zones.
.
2. Conservation and enhancement of the City's quality of life and ecological and
aesthetic environment, especially its valuable and rural atmosphere.
3. Important psychological benefits to the persons within the City and
neighborhoods.
4. Essential wildlife habitat. .
0. Assistance in the filtering of storm water as it passes through the soil to the
ground water.
6. Stabilization of soil by the prevention of erosion and sedimentation.
7. Enhanced property value.
8. Protection and preservation of the unique identity and environment of the
City and aid in the development of the economic base attracted to trle City by
such factors.
t:.. In the interest of achieving these objectives, the City has established the natural
resources management measures herein to encourage:
1. Protection and preservation of the city's natural resources:
2. Orderly development of land to minimize tree and iand habitat loss;
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3. IViinilTlization of the impacts to water bodies, trees and wooded areas
resulting II"Om development during the Gonstl"uction phase and f!"Om the
conditions created by its completion; .
4. Estabiishment of standards for water quality and tree preservation and the
mitigation of environmental impacts resulting from tree removal and water
pollutants;
:J. Creative land use and environmentally compatible conservation site design
which preserves trees and minimizes tree removal during development: and
6 Enfol"cement of natural resources management standards to promOte and
protect the public health, safety and welfare of the community.
Subdivision 2 APPLICABILITY.
A This Section shall apply to all non-administrative requests for Subdivision/Plat Approval,
requests for planned unit development plan approval and/or any developmeni requiring a
Storm Water and Pollution Prevention Plan (SWPPP) under "Jational Discharge Pollution
Elimination Standards (NPDES Standards) as setforth within the Federal Clean Water
Act and enforced by the Minnesota Pollution Control Agency
B. The appiicant is responsible for submitting required information and identifying saId
information on applicable plats/plans
C. The .il,pplicant is encouraged to consult with the Minnesota Department of Natural
Resources and other environmental specialists in regard to the pursuit of best
management practices for environmentally significant/sensitive areas including but not
limited to: native prairies, forests/woodlands, rare species, riparian corridors, rock
outcrops and protected waters. .
Subdivision 3: DEFINITIONS.
A. For purposes of this Section, the following terms shall be defined as stated
1.
Caliper inches shall mean the length of a straight line measured throcJgh the
trunk of a tree twelve (12) inches above the ground.
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Canopy of a tree shall mean the horizontal extension of a tree's branches III
all directions from its trunk.
3.
Drip iine of a tree shall mean an imaginary vertical line which extends from
the outermost branches of a tree's canopy to the ground.
"
'"t.
Environmentally significant or sensitive areas shall mean:
a. Those areas identified within Chapter Two of the Comprehensive Plan,
including:
i. Surface Waters and Wetlands.
ii. Stearns County Biological Survey
b. Those areas identified as significant within the Stearns County !\Jative
Plant Communities and Rare Communities Map which is based on the
Minnesota Department of j"-latural Resources Biological Surve)! of
Stearns Count)!. A copy of the Native Plant Communities and F~are
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Communities lvlap for Stearns County is available at the Stearns County
Environmental Services Office.
c. River corridors, windbreaks, crop lines or similar linear strips or blocf~s of
land that form connections between two separate areas of sim ilar habitat
that are a minimum of 100 acres or one mile long OR local/regional
planned future environmental corridors. These corridors allow plants and
animals to disperse and travel from one "island" of suitable habitat to
another. Such corridors shall be identified by orthophotos available at
Stearns County Environmental Services.
d. Rock outcrops or areas of bal-e exposure of bedrock without soil cover
and regardless of plant association. Rock outcrops may indicate
presence of sensitive soils, rare plants, sensitive hydrological features,
sensitive geological features, and/or unique biotic communities. Rock
outcrops are identified on the Stearns County Biological Survey, a copy
of which is available from Stearns County's Office of Environmental
Services and/or the Minnesota Department of Natural Resources.
6. l\Jatural resources management plan shall mean and consist of required
general information, an erosion and sedimentation control component, tree
preservation component, and drainage and grading component
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7. Replacement tree shall mean a tree meeting the following standards used to
restore significant trees removed from a site. Replacement trees, which are
required for newly platted subdivisions, shall consist of certified nursery
stock as defined by lv1n. Statutes and complement the existing plant
community. No more than one-third (1/3) of the replacement trees shall be of
the same species of tree without approval of the City. Box elder, poplar,
willow, and silver maple are not permitted as replacement trees; except that
poplar, willow and silver maple may be permitted in the flood plain.
Replacement trees must be no less than the following sizes: deciduous trees
not less than two (2) caliper inches; coniferous trees not less than six (6) feet
in height. Replacement trees shall be planted in one or more of the following
areas on the land: Restoration areas including steep slopes; outlots or
common areas; buffer zones between different land uses and/or activIties;
project entrance areas or any other part of the land except areas dedicated
or conveyed to the City, unless the City consents thereto. No trees shall be
planted within the city's boulevard. Replacement trees may be used to satisfy
part of the landscape requirement, if applicable.
8. Significant tree(s) shall be determined by a qualified forester preapproved by
the City and engaged at the Developer's expense and direction.
9. Slope shall mean the relationship of vertical rise to horizontal run, expressed
as a percentage. Slope analysis/identification shall be submitted with
applications for plat/development/plan review and based on topographic
contours available from the office of Stearns County Environmental Services
Steep slope areas shall be defined as land areas th at have a grad e of 12
percent or more and a horizontal run of 50 linear feet or more. Steep slope
areas shall refer to natural grades and shall not include artificial (made by
construction/extraction/etc) grades. Slope calculations shall use the smallest
contour interval for which maps are available preferably two foot contours at
a minimum. Steep slope areas shall be determined irrespective of tract
boundaries.
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Subdivision 4: GENERAL STAI'-JDARDS.
P.. In developing and reviewing plans for a property that contains envlronmentaliy significant
and/or sensitive area(s) meeting the 'Applicability' standards of this Section (Subdivision .
2), the ,l\pplicant shall:
1. Plan development and alterations outside of native piant communities and rare
species habitat identified in the Stearns County Biological Survey produced by
the Minnesota Department of Natural Resources and sites of significance as
illustrated on the Stearns County Native Plant Communities and Rare
Communiiies Map.
2. Maintain viable riparian and wildiife corridors and connections betweer,
environmentally significant and/or sensitive area(s) that are 100 or more acres in
cumulative size and/or gr~ater than one mile in length.
3. To the e)(tent possible keep undeveloped environmentally significant and/or
sensitive area(s) large enough to maximize sustainabiiity and minimize
fragmentation.
4. Maintain a minimum twenty-five (25) foot buffer adjacent to environmentally
significant and/or sensitive areas to heip protect the health and viability of such
environmentally significant and/or sensitive area(s). Where other standards ai.e
more restrictive, the most restrictive standard shall prevail.
5. To the extent possible minimize adverse construction impacts on the
environmentally significant and/or sensitive area(s).
6. Encourage property owners (present and future) to consult with the Minnesota
Department of Natural Resources and other environmental specialists in regard
to the pursuit of best management practices for environmentally
significant/sensitive areas including but not limited to: native prairies,
forests/woodlands, rare species, riparian corridors, rock outcrops and protected
waters.
.
B. Tree preservation and restoration standards.
1. TI-ee Removal/Restoration - Initial subdivision grading/site development. For
initial subdivision grading/site development, up to thirty-five percent (35%) of
significant trees will be allowed to bfJ removed for the activities listed in a-d
below. If greater than thirty-five percent (35%) of significant trees are removed
due to initial site development, for each significant tree removed two (2)
replacement trees as defined herein shall be installed.
a. Site grading, not to exceed beyond road right-of-way.
b. Utilities installations, including sanitary and storm sewer, water, natural gas.
electric service and cable television.
c. Construction of streets, trails, and sidewalks.
d. Construction/grading or drainage ways and storm detention areas
e. Developers shall use best faith efforts to design subdivisions that best
minimize removal of significant trees and significant woodlands The area of
land disturbance and trees to be removed shall be deiineated in the r,atural
resources management plan and are subject to City approval.
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2.' Tree Removal - Principal Building Development when meeting the 'Applicability'
standards identified in Subdivision 2 of this Section
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a. Multi-Unit Residential, Commercial and Industrial: Up to fift)! percent (50%) of
the significant trees on the land to be developed will be allowed to be
removed for development activities to include initial site development and the
construction of buildings and parking areas. If greater than fifty percent
(50%) of significant trees are removed due io principal building placement,
for each significant tree removed two (2) replacerYlent trees as defined herein
shall be installed on the subject property,
b Builders shall use best faith efforts to position building(s) in locations that
best minimize removal of significant trees.
3, tVleasures to protect significant trees and significant woodlands approved as part
of the platting process shall be included in sales information and disseminated to
potential buyers of wooded lots.
4 Prior to any grading, all diseased and hazardous trees and/or invasive vegetative
species on the subject property shall be removed from the property,
5. Any replacement tree which is not alive or healthy, as determined by the City or
which subsequently dies due to construction activity within two (2) years after the
date of project closure, shall be removed by the applicant and replaced with a
new healthy tree meeting the same minimum size requirements within eight (8)
months of removal.
6, Trees or woodlands to be preserved shall be designated as such with posted
signs and/or tagging,
7. Areas beneath the canopy of significant trees to be conserved shall be defined
by the drip line of the tree or group of trees collectively shall be preserved, Within
the preserved area open trenching, grading and the use of heavy equipment are
prohibited, however mowing, clearing, and grubbing of brush located within the
preserved area may be allowed, provided such mowing, clearing or grubbing is
accomplished by hand or by mowers.
C. Forests/Woodlands.
1. Forest and woodland tracts of forty (40) or more acres, particularly examples of
high quality forest ecosystems or rare forest communities, are highly encouraged
for conservation as forest preserves or reserves as they define the unique
historical landscape of the City of Rockville, Forest or woodland areas may be
identified through the use of orthophotographs of the subject property available at
the offices of Stearns County Environmental Services If different forest
communities exist within the city, such as oak forest, maple basswood forest,
floodplain forest, a minimum of one good example or the best example of each
community type should be preserved in a natural state, however, removal of
Invasive vegetative species is allowed/required. The City may permit the
installation of trails within said preserved forest communities.
2. Oak forest or savannah tracts of ten (10) acres or more should be considered for
oak forest or savannah preserves. It is noted oak savannah is a very rare natural
community.
3 Wooded floodplains, wooded streams corridors, wooded slopes, and wooded
environmentally fragile areas should be considered for preservation.
4. Trees that provide buffers, such as those separating housing from busy roads or .
commercial areas and trees aesthetically important to the community Silould b~:
considered for- preservation.
5. Particularly large trees should be considered for preservation
D
Rare Species. The Applicant of any non-administrative subdivision of properiy or
residential, commercial andlor industrial development project(s) iequiring a Storm VI/ater
and Pollution Prevention Plan (SWPPP) under l\lational Discharge Pollution Elimination
Standards (f\JPDES Standards) as setTorth within the Federal Clean Water Act and
enforced by the Minnesota Pollution Control Agency that is proposed within eight
hundred fifty (850) feet of a rare feature identified on the l\Jatural Heritage Information
System andlor the Stearns County Native Plant Communities and Rare Communities
Map shall provide the City with evidence of consultation with the Minnesota Department
of Natural Resources regarding the promotion of, retaining of andlor enhancement of said
nativepiant community andlor rare species.
Steep Slopes. The following standards apply:
1. Steep slope areas shall be cleariy indicated on all site plans, development plans,
preliminary plats and final plats when the standards of this Section apply.
2. Development shall be designed and constructed in order to minimize disturbance
to the natural landform as much as possible. Alternate site deSign and
construction measures are encouraged to mitigate the effects of development on
steep slopes.
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3. On any parcel proposed for development, no more than 15 percent of the steep
slope area on the parcel shall be graded. For purposes of this calculation, trle
land areas of individual steep slope areas on the parcel shall be added together
to establish the total steep slope area for the parcel.
F. Water Quality.
1. All construction, land disturbing activity and development when necessary shall
obtain a National Pollution Discharge Elimination System (I\JPDES) general storm
water permit from the Minnesota Pollution Control Agency (rvtPCA)
2. All construction, land disturbing activity and development shall conform to the
County's Storm Water Management Plan.
3. Except as otherwise provided in this Code, the Minnesota Wetlancl Conservation
statutes and regulations (commonly referred to collectively as the Minnesota
Wetland Conservation Act), as amended through Laws 1996, are hereby
incorporated herein and adopted by reference, including the penalty proVisions
thereof.
Subdivision 5 ALLOWAI'-JCES FOR PRESERVATION
p., To provide for equitable economic return in consideration of protection and
preservation of environmentally significant/sensitive areas covered by this Section,
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allowance including, but are not limited to, the following may be applied, subject to
City approval.
1. Variance from subdivision regulations, such as allowing narrower public righ1-
of-way, reduced sidewalk requirements, reduced street widths and reduced
setback requirements.
2 Preservation of an environmental significant/sensitive area through a
conservation easement or land swaps with the parkland dedication to
exclude the square footage that is in the protected area
3. Other assessment relief.
4. Variance from lot coverage regulations.
5. Waiver of application fees.
6. in commercial and industrial districts, additional incentives include, but are
no1 limited to, the following:
1. Reduction of the required area for paved parking.
11. Waiver of standard height restrictions.
III. Variance from standard setback requirements.
IV. Variance from landscaping requirements.
v.
Use of unpaved, dust free parking surfaces.
Subdivision 6 RESOURCE MANAGEMENT PLAN REQUIRED
Plan required. A Natural Resources Management Plan shall be submitted when the standards of
this Section pursuant to Subdivision 2.
A. Plan approval. Development proposals/site plans encompassing ten or more acres
and all non-administrative (minor) subdivisions shall be submitted to and approved by
the City Council following review and recommendation by the Planning Commission.
Projects of less than ten (10) acres may be approved administratively by city staff,
unless City staff or the applicant choose to refer the item to the Planning Commission
and City Council.
B. Exemptions. The following are exempt from the Natural Resources Management
Plan requirement:
1. That portion of property regulated by any of the foliowing: floodplain
management standards, shoreland management standards and/or activities
regulated by the Wet\and Conservation Act.
2. Projects that have received preliminary or final plat approval or building
permit issuance prior to the effective date of this Ordinance.
3 Public maintenance and improvement projects.
4. Stormwater retention, groundwater recrlarge and discharge, groundwater
monitoring, water purification, nutrient retention and removal. and pollution
control facilities that have been approved for installation by county, state
and/or federal regulatory agencies
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5. Customary dredging and channel maintenance of existing drair,age facilities
6.
Activities associated with the repair, maintenance, or replacement of
highways, roads, trails, bridges, pipeline and utility lines and the like within
existing rights-ot-way.
7
I.
Temporary emergency procedures necessary for the safety or protection ot
property.
8.
Sirlgle utility poles required to provide service to the local area
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Ongoing customary agricultural operations.
10. Unplatted property that is two acres or less in size, in its entirety, that is
occupied by a single family residential dwelling unit prior to the effective date
of this ordinance.
'-..' Contents of l'-latural Resources Management Pian. All Natural Resources
r,/ianagement Plans shall include the following:
1. Delineation of the subject property and the iocation of existing and proposed
buildings, structures and impervious surfaces on the subject property.
2. Description of the construction or land disturbing activity to be performed orl
subject property and proposed project schedule.
3. Identification of all water bodies located on or adjacent to subjecl property .
boundary.
4. Slopes of greater than twelve (12) percent that are fifty (50) linear feet or
more in iength (irrespective of property boundaries).
5. The iocation of other potentially constraining elements such as wetlands,
watercourses, intermittent streams and 1 DO-year flood plains, and existing or
proposed rights-of-way and easements.
6. The location and extent of features such as woodlands, tree lines, prairies,
wildlife habitat, open and/or active fields or meadows, watershed divides aneJ
drainage ways, fences or stone walls, rock outcrops, and existing structures,
roads, tracks andtrails.
/ . ,iI,n aerial photo depicting site design/layout.
8. The Identification of areas of native vegetation and or rme species c:s
illustrated in the Stearns County Biological Survey developed by the
Minnesota Department of Natural Resources and sites of Significance as
illustrated on the Stearns County Native Plant Communities and Rare
Communities Map.
9. An accurate inventory of significant trees on the subject property. Including
identification of the species and iocation of each significant tree.
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10. The location and size of all existing and proposed sanitary sewer, water or
storm sewer facilities.
11. Delineation of all areas to be graded or excavated, and the limits of land
disturbing activities.
12. Identification of the extent of exotic/invasive vegetative species.
1'"
v.
Identification of significant trees to be preserved; to be removed or iosl as a
resul\ of the land disturbing activity and those proposed to be replaced and/or
installed
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Any appiicant conducting land disturbing activity that disturbs one or more
acres of total land area shall cause to be issued a National Pollution
Discharge Elimination System (NPDES) general storm water permit from tt-Ie
lV1innesota Pollution Control Agency (IV1PCA). The property owner shall
submit to the city an approved copy of the erosion and sedimentation control
plan as required for the NPDES by the MPCA.
Subdivision 7: VARIA[\JCE. A variance to the requirements of this Section shall be processed
under" the Administrative Standards for Variances as defined in Section of this Ordinance
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DRP.FT ENVIRONlvlENTALLY SENSITITIVE AREAS OWINAJ\lCE
Approved by EEPO Task Force 4.19.06
Comments from Attornev 5.]5.06
CHAPTER 22
ENVIRONMENT ALL Y SENSITIVE AREAS ORDINAN CE
SECTION
10-22-1:
10-22-2:
10-22-3:
10-22-4:
TITLE
DEFINITIONS
PURPOSE
DESIGNATING LAND AS AN EJ\T\TlRONMENTALLY
SENSITIVE AREA
GENERAL PROVISIONS
ENVlRONMENT AND DEVELOPMENT TEAM PROCESS
SITE PLANNING PROCESS
INCENTIVES
ADMINISTRATNE REGULATIONS
AMENDMENTS TO THE ENVIRONMENT ALL Y SENSITIVE AREAS
ORDINANCE
VIOLATION - PEN.AL OFFENSE
INTERPRETATION
SEVERABILITY
10-22-5:
10-22-6:
10-22-7:
10-22-8
10-22-9:
10-22-10
10-22-11:
10-22-12:
10-22-13:
10-22-1 :
TITLE (Vote in Favor - 9/0)
This Ordinance as amended from time to time shall be known as the "Environmentally Sensitive Areas
Ordinance" of the City of Sartell, Minnesota, and shall be known, cited and referred to herein as "this
Ordinance. "
10-22-2:
DEFINITIONS (Vote in Favor - 9/0)
Best Management Practices (BMP's) - Standard, well-defined methods for managing lands in
compliance with federal, state and local regulations and/or recommendations regarding conservation of
soil, water, plants, and animal habitats
Biodiversity -The variety of life forms that inhabit the earth. Biodiversity includes a) the number of
different species of living things found in an area; b) the number of different ecosystems found in an area.
Buffers - Located within an impact zone. Buffers are areas of secondary protection established on a case-
by-case basis for each envirOllli1entally sensitive area. The width of the buffer might, due to topography
and species diversity, vary around the perimter of each environn1entally sensitive areas.
Clear Cutting- the substantial removal of trees or shrubs in a contiguous patch, strip, row, or block
which is inconsistent with standard forest maintenance practices.
Cluster development - A development design technique that concentrates buildings in specific areas on
a site to allow the remaining land to be used for recreation, common open space, and preservation of
envirolUnentally sensitive areas.
Complex - Two or more envirOllli1entally sensitive areas adjacent to each other.
Concept Plan - A non-enbrineered plan for a property proposed for development. For properties
containing an Environmentally Sensitive iliea, the Concept Plan is more than a Sketch Plat since it must
include enough detail to analyze the proposed development and its relation to the environmentally
sensitive areas located on the property.
DR.AFT ENVIRONMENTALLY SENSITITIVE AREAS ORDil'.JANCE 4.19.06
Corridors - Corridors are strips or blocks of land thatfoml cOilllections between two separated areas of
similar habitat. These corridors allow plants and animals to disperse and travel from one "island" of
suitable habitat to another.
.
Ditch - Open chaImel of water to conduct the flow of water as per Minnesota Statutes 1 03E.005.
(Vote in Favor - 5/0)EnvironmentaHy Sensitive Areas: An area that contains native vegetation, natural
features and/or natural resources. These include surface water (rivers, lakes, streams and ditches);
shoreiand and floodplain areas, especially riparian and wildlife corridors; wetlands, sensitive groundvv'ater
(wellhead) projection areas and sensitive geological features; state or federally listed (endangered,
threatened or special concern) plant and animal species and their habitat; natural plant communities,
including forests, woodlands and prairies, particularly those of high species diversity and other unique
and sensitive features. ESAs contain natural cOl1lIlmnities, i.e., naturally-occurring associations. of plants
and animals whose existence and extent are detemnned by factors such as soil composition, hydrology,
climate, solar conditions and a site's unique history~.ESAs are sensitive in that further fragmentation,
disturbance and development will adversely affect and may destroy the natural processes operating witl1in
them, as well as the composition, structure and function of the natural COnlIllUlnties they contain.
Equitable Economic Return - Return to landowner guaranteed by the takings clauses of the Minnesota
and United States Constitutions.
Forests - Trees with their crowns overlapping (generally fornnng 60 - 100% cover)
Groundwater - the water beneath the land surface that fills the spaces in rock and sediment
Impact zones - Zones assigned around the perimeter of environnlentally sensitive areas. The
Envirolli11ent and Development Team review process shall be initiated whenever an activity that is
regulated by this Ordinance is proposed to occur wit1nn an ESA or its impact zone. For purposes of tIns .
Ordinance impact zones shall extend the following distances outward from the ESA.
DNR Protected Waters, Riparian 100 feet
Corridors, Rock Outcrops and Native Prairies
Natural Heritage Sites, Most Important Natural
Resource Sites and all Wetlands
100 feet
More Important or Important Natural
Resource Sites
50 feet
Native species/vegetation - A species that existed in an area prior to European settlement.
Native Prairie-A natural vegetative conm1Unity primarily donnnated by native grasses and herbaceous
flowering plants with few or no trees, typically sustained by fire and/or grazing.
Natural community - A group of native plants and animals that interact with each other and their abiotic
environment in ways not greatly altered by modern human activity or by introduced organisms. They are
classified and described by considering vegetation, hydrology, landforms, soils, and natural disturbance
regimes (such as wildfires, windstorms, nornlal flood cycles and nornlal infestation by native insects and
microorganisms) .
Natural Heritage Areas - Natural Heritage Areas, as designated in this Ordinance, are those
envirom11entally sensitive areas that have been identified by the MN-DNR's Natural Heritage and
Nongame Research Program and Minnesota County Biological Survey as having not only local, but state- .
2
.
.
DRP.FT E]\T\,TIRONMENT ALL Y SENSITITIVE AREAS ORDIN.ANCE
Approved by EEPO Task Force 4.19.06
Comments from Attornev 5.15 .(J6
wide significance. These areas are largely unaltered by modern human activity and have native vegetation
distributed in naturally occurring patterns. Natural Heritage Areas are the few remaining examples of
native vegetative communities present prior to European settlement. As such, they are of unusually high
quality, may contain rare or endangered species, and represent remnants ofSartell's history and heritage.
Natural Heritage Areas are those areas of highest importance for protection.
Natural Resource Inventory-The systematic and scientific search and docurnentation of occurrences of
natural resources and enviromnentally sensitive areas, which are then placed on one or more maps.
Natural Resource Areas - Natural Resource Areas, as desib'llated in tilis ordinance, possess and/or
protect important natural resources. These areas may contain rare species, important wildlife habitat
and/or remnants of rare or Ul1COnml0n natural communities. They may protect groundwater, rivers, lakes,
streams and wetlands, or otherwise support natural resource functions. Natural Resource Areas are
designated as most important, more important and important. based on the quality, rarity and
intercOlmectedness of the resources.
Most Important - Natural resource areas slightly disturbed by human activity; in a complex
(adjacent to another enviromnental1y sensitive area or areas); unconmlon statewide; very rare or
unique locally.
More Important - Natural resource areas in a complex with moderate to severe human
disturbance or not in a complex with only slight human disturbance. Although common
statewide, many are experiencing widespread threats and are of poor quality while others are
more secure.
Important - Natural resource areas with moderate to severe human disturbances; not part of a
complex.
Non-native Species - An organism (plant, animal, or fish species) introduced intentionally or
accidentally from its native range into an area where the species did not previously exist.
Non-Woody upland vegetation/prairie - refers to an area of land with low topographic relief that
principally supports grasses and herbs, with few trees.
Open space - An area that is intended to provide light and air and is designed for environmental, scenic,
or recreational purposes. Open space may include, but is not limited to, lawns, walkways, active and
passive recreation areas, playgrounds, wooded areas and watercourses. Open space shall not be deemed to
include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
Overburden - The loose soil, silt, sand, gravel, or other unconsolidated material overlying bedrock,
either transpOlied or formed in place.
Rare species site - A documented historic location of a species that is listed aD federal or state lists for
endangered, threatened and or species of special concern.
Riparian corridors - The complex assemblages of organisms and their enviromllent existing adjacent to
and near flowing water. Such coni.dors have two essential characteristics: 1) laterally flowing water that
rises and falls at least once within a growing season; 2) a high degree of connectedness with other
ecosystems. As such, riparian corridors act as natural buffers between the flowing water and adjacent land
uses, i.e. agriculture, urban areas, etc.
. Rock outcrop - Bare exposure of bedrock without soil cover and regardl ess of plant association. These
">
;)
DRAFT ENVIRONl'viENTALLY SENSITITIVE AREAS ORDD"lANCE 4.19.06
outcrops may indicate presence of sensitive soils, sensitive hydrological features~ sensitive geological
features, and/or unique biotic communities.
Savannah-Natural plant communities with open woodlands in which large trees grow in park-like stands. .
The native vegetation is transitional between woodland and prairie. Oaks and native f:,'Tasses are dominant.
Scientist - A person with a professional degree or training in one or more of the following areas: Natural
History, Ecology, Geology, Hydrology, Wildlife Biology or Botany.
Sensitive geological features - Any geologic feature easily modified or destroyed by human activity.
Examples include glacially polished bedrock, open fractures and residual clays. Sensitive geological
features are areas included within designated Natural Heritage and Natural Resource Areas, and/or the
Steams County Geologic Atlas.
Sensitive hydrological areas - A surface or groundwat.er feature where minor human disturbances will
change water movement, water level or water quality. Sensitive hydrological features are areas included
within designated Natural Heritage and Natural Resource Areas, and/or the Steams County Geologic
Atlas.
Sensitive soils - Soils that have a low capacity to maintain or recover specific soil functions after
relatively minor disturbances. Examples of disturbances may include low levels of wind and/or water
erosion, soil reworking or topsoil removal and compaction from equipment, human or livestock traffic.
Examples of soil function may include vegetation maintenance or establishment (including crop rotation)
and nutrient, pathogen and chemical treatment. A list of sensitive soils would include those that have a
disproportionately higher loss of function than those other soils with the same degree of disturbance.
Examples of sensitive soils might include thin soils underlain by shallow bedrock or hydric soils
Shoreland-Land located within the following distances from public water: 1000 feet from the ordinary .
high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of
a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands
may be reduced whenever the waters involved are bounded by topographic divides, which extend
landward from the water for lesser distances and when approved by the Commissioner of Natural
Resources.
Sketch Plat - A sketch preparatory to the concept plan and preliminary plat to enable the subdivider to
save time and expense in reaching general agreement with the EDT.
Steep slopes - Slopes that are unstable enough so that downslope movement is likely. An unstable
condition can occur because of a combination of steepness, material, hydrologic conditions, and human
disturbance. Vlhere specific information from County soil surveys is not available steep slopes are lands
having slopes over 12% as measured over horizontal distances of 50 feet. "Bluffs" have slopes over 18%.
Subdivision - Any land, vacant or improved, which is divided or proposed to be divided into two (2) or
more lots, parcels, sites, units, plots, tracts, or of contractual interest for the purpose of offer, sale, lease,
or development whether immediate or future, either on the installment plan or upon any and all other
plans, tem1s, and conditions. Subdivision includes the division or development of residential and
nomesidential-zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map,
plat or other recorded instruments. Subdivision includes re-subdivision.
Sustainable Development - The development of land for various uses taking into consideratiol1 cun-ent
ecosystem health and the implementation of best management practices and measures to enhance, protect, .
preserve and conserve existing fish and wildlife habitat and other habitat areas that are important for
4
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DRAFT E~rVIRONMENTALL YSENSITITIVE PREAS OHDIN.I\NCE
Approved by EEPO Task Force 4.19.06
Comments from Attornev 5.15.06
specific natural processes and fWlctions. Best management practices may include but not be limited to
rain gardens, wetland avoidance, minimizing wetland impacts, the implementation of narrower streets,
utilizing pervious surfaces, installation of green roofs, etc.
Sustainability - Sustainability is a function of how natural and social resources are used over time to
maintain a specific level of ecosystem health for future generations.
Watershed -entire physical area or basin drained by a distinct stream or riverine system, physically
separated from other watersheds by ridgetop boundaries
Wildlife corridor (Eco-system connections) - Areas of shelterbelts, windbreaks, forests, woodlands,
prairies or other natural areas that are intercoilllected and that provide habitat or specific ecosystem types
for fish and wildlife species in urban, rural or other natural areas. Wildlife corridors in urban areas can be
impoliant for cover, food, brooding/breeding and general fish and wildlife habitat and movements. Such
corridors can also be discrete linear or contiguous vegetated areas along rivers, river wetlands, and
tributary streams (riparian corridors) and fence lines (hedge rows) or broad cOlmected patches of
vegetated land.
Wetlands - Wetlands means lands transitional between ten'estrial and aquatic systems where the water
table is usually at or near the surface or the land is covered by shallow water. For purposes of this
subpart, wetlands must:
(1) have a predominance of hydric soils;
.
(2) be inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence ofhydrophytic vegetation (i.e., plants that tolerate seasonal or
pem1.anent saturated soil conditions) typically adapted for life in saturated soil conditions; and
(3) W1der normal circumstances, support a prevalence of hydrophytic vegetation.
Woodlands - Open stands of trees with crowns not usually touching (generally forming 25 - 60% cover).
10-22-3:
PURPOSES (Vote in Favor - 9/0)
A. Ordinance Goals. The intent of this Ordinance is to pursue two equal goals:
1. Protect ESAs. To provide and encourage measures of protection to those properties identified as
Environmentally Sensitive Areas (ESA).
2. Equitable return to landowner. To provide an opportunity for equitable economic return in
consideration of protection and preservation ofESAs.
B. Comprehensive Plan Goals. TillS Ordinance creates a process through which the City can comply
with the Comprehensive Plan's pledge to support orderly bJTowth and development while protecting
enviroill11entally sensitive resources within the City of Sartell. The goals and obj ectives of the
Comprehensive Plan furthered by this Ordinance include the need to:
1. Protect, conserve and enhance natural resources and environmentally sensitive areas within the
city and its planned growth areas for the commUlllty's long-term environmental and econonllc
benefits.
.
2. Recognize the Mississippi, Sauk, Watab and other rivers as major recreational, environmental,
economic and aesthetic assets to the conmlunity.
3. To conserve and improve ESAs.
5
DRAFT ENVIRONMENTALLY SENSITITIVE AREAS ORDINANCE 4.19.06
4. To protect, preserve and enhance the supply of clean :water and clean air for the current and future
generations of Sartell citizens and businesses.
5. To restore and re-establish native vegetation.
6. To establish a balance between the protection of natural resources and the urban use of the land.
7. Provide for the orderly growth and development of the City including COl1ll1.1ercial, industrial and
resi d ential areas.
8. Promote flexible site planning and allow for a mix of housing types.
9. Encourage coordination between city, county, state and federal agencies concemed with natural
resources
.
10. Encourage cooperationthroughjoint plam1ing and development with neighboring communities to
protect, preserve, and enhance our shared natural environment.
11. Encourage early cooperative planning between landowners/developers, the City and individuals
with scientific expeJiise in natural communities and resources.
C. State Planning Goals: This Ordinance is adopted in pursuance of the Community Based Planning
Act of 1997 (CBP A) Mimlesota Statutes 4A.08, particularly the goals of economic development,
conservation, land-use planning and sustainable development.
D. Goals for'the Process Guiding Future Development: This Ordinance requires that all future
development occurring in areas identified as enviromnentally sensitive be guided by a concem to
protect, conserve and enhance those resources. To accomplish this goal, this Ordinance creates a
process to aid, support and promote development that achieves these environmental goals. This
process will:
a. Identify and prioritize environmentally sensitive areas;
b. Aid developers in the creation of their development plans;
c. Aid City staff, the Joint Planning Commission and City Council in their assessment
development plans in environmentally sensitive areas; and
d. Provide flexibility in the planning process when needed to balance enviromnental and
economic goals.
E. Rationale for Protecting Environmentally Sensitive Areas: The City of Sartell has a right and
responsibility to conserve, protect and enhance ESAs for the present and future health, safety, and
general welfare of the population. The continued strength and well-being of our cornnmnity and the
health of our natural enviromnent are interdependent. Sustainable development maintains the natural
environn1ent and enhances economic opportunity by contributing to Sartell's:
.
1. Health (e.g. wetlands that function to filter and purify water)
2. Safety (e.g. wetlands and riparian corridors contribute to flood control)
3. Historical Preservation (e.g. examples of the pre-settlement environment)
4. Wildlife Habitat and Natural Connnunities (e.g. indigenous plant or animal species)
5. Recreation (e.g. walking, birding, skiing)
6. Aesthetics and Quality of Life (e.g. beauty, solitude, and quiet amidst the noise of modern life)
7. Education (e.g. children have local access to learn about their natural surroundings and history)
10-22-4: DESIGNATINGLA.ND AS AN ENVIRONMENTALLY SENSITIVE AREA ESA
A. Designation Criteria: Enviromnental1y Sensitive Areas (ESAs) shall be areas within the City of
Sartel] thathave one or more of the fonowing characteristics (See Natural Resource Priority Matrix):
(Vote in Favor - 9/0)
.
6
DRAFT ENVIRONMENTALLY SENSJTITIVE illiEAS ORDINANCE
Approved by EEPO Task Force 4.19.06
C01=.ents from Attomev 5.15.06
1. Surface waters: Areas desih'Ilated by the State of Minnesota as a public water, including rivers,
lakes, streams, shorelands; or a public drainage ditch.
Floodplains: Areas designated as floodplain under the Sartell Floodplain Ordinance.
Sensitive groundwater area: Land within the designated wellhead protection area for the City
of Sartell; or desih'Ilated as sensitive to groundwater.
Stormwater management: Areas with stoDmvater management structures; or areas designated
ror stonnwater management by the Sartell Stormwater Management Plan
Wetlands: Protected wetlands as defined by the Minnesota Wetland Conservation Act.
Sensitive Geological Features: p.reas with rock outcrops identified by the Sartel1 Natural
Resources Inventory. ,Areas with significant potential for soil erosion, including highly-erodible
soils.
7. Forests and wooded areas: Forested or wooded areas desii:,'Ilated by the Sartell Natural
Resources Inventory.
. 2.
..,
5.
4.
5.
6.
8. System connections: Wildlife and riparian corridors, which create ecological cOlmections.
9. Habitat: Areas desih'Ilated by the Sartell Natm'al Resources Inventory as containing habitat of
state or federal listed endangered or threatened species, or species of special concern; or areas
identified in the Steams County Biological Survey.
10. Non-woody upland vegetation/prairie: Non-woody upland areas identified by the Smiell
Natural Resources Inventory as containing native vegetation.
B. Prioritiza.tion of ESAs: All ESAs meeting the designation criteria in subsection A. of this Section
are important to the City of Sartell. In balancing land use planning goals, however, some ESAs are
more important than other ESAs. A Natural Resources Priority Map, based on the characteristics
below, may be adopted by resolution of the Sartell City Council. The priority of importance among
ESAs shall be determined based on the presence of one 01' mOTe of the following characteristics:
1. Degree of disturbance: Quality ofthe area as detemnned by the degree of human disturbance
on the ecosystem. ESAs with less disturbance will receive a Ingher importance rating.
2. Rarity: Local and/or state rarity. ESAs that are relatively rare will receive a higher importance
rating.
.
.
3. Biodiversity: Biodiversity of native species. ESAs with a greater percentage of native species
will receive a higher importance rating.
4. Interconnectedness: Corridors and complexes that fonn interconnected and contiguous areas and
which allow for movement of species from one Environmentally Sensitive Area to another.
IntercOlmected ESAs will receive a higher importance rating.
5. Size: Each type of Environmentally Sensitive Area has its own size requirements that contribute
to continued viability for that natural community. ESAs will be prioritized based on a mi1nmum
viability size. ESAs that are smaller than the size needed to be viable will receive a lower
importance rating.
6. Ecological sensitivity: The ability ofthe natural community to tolerate development and/or
recover from human disturbance. ESAs, or buffers around ESAs, will be rated based on tolerance
for adjacent development; the lower the tolerance ror adjacent development, the higher the rating.
C. Process for Designating ESAs: ESAs meeting the designation criteria in subsection A., and
priOTitized based on the characteristics in subsection B. shall be identified through ODe of the
7
DR-AFT ENVIRONMENTALLY SENSITITIVE AREAS ORDn~ANCE 4.19.06
following processes:
1. Preliminary Designation: Preliminary detennination of the location of ESAs will be made by
the Planning Office and Engineering Department using the Inaps as denoted in Sections 10-22-4- .'
C. ESAs as denoted on the maps in Sections 1 0-22-4-C and their impact zones shall be the only
areas regulated by this Ordinance; except that the land area regulated also applies to any land area
that is added, and does not apply to a land area deleted, as an ESA under the land area
amendment process as outlined in 10-22-10.
a. Sartell Natural Resource Inventory
b.' SarteH Natural Resource Importance Map
c. Steams and Benton' County Biological Survey
d. Sartel] Floodplain Map
e. Sartell Wellhead Protection Area Map
f. Soils Survey of Steams County
g. SarteH Zoning Map
2. Final Designation. Final detennination of the specific boundaries of an ESA will be made by
qualified scientists through the Site Plamling Process .
3. Additional Information may be Used in Review: The City and the EnvirOlID1ent and
Development Team may use other pertinent reference maps, reports and documents, etc. in their
review of a property that contains an ESA such as the following:
a. Aerial photos of the Sartell area.
b. SCSU Earth Science Dept. work on Sensitive Geological and Hydrological areas.
. c. USGS topograpllic maps.
d. Field notes of scientists who conducted the Sartell Natural i\.reas Inventory and Planning
Framework.
.
e. The USDA Soil Survey.
f. The Minnesota Geological Survey Geologic Atlas.
g. The U.S. Fish and Wildlife Service's National Wetlands Inventory.
The use of other resources is only for reference and does not create new ESAs. The process for
amending the designation of land as an ESA is described in subsection 4., immediately below.
4. Amendment of ESAs. An amendment to the designation criteria, prioritization criteria, or
preliminary mapping for ESAs may occur through the amendment process described in Section
1 0-22-1 0 of this Ordinance.
10-22-5:
GENERAL PROVISIONS (Vote in Favor - 7/0)
The following provisions are designated to encourage la11d and development planning which help insure
that the function and value of sensitive areas are protected.
A. Regulated Activities: The following activities are subject to this Ordinance unless exempted under
subsection B. of this Section.
1. Subdivision of land.
2. Any new construction or building additions within the boundaries of an ESA and its impact zone.
3. The following land alterations within the boundaries ofESA and its impact zone:
.
8
DRP..FT E~T\TIRONMENT ALLY SENSITITIVE illiEAS ORDINANCE
Approved by EEPO Task Force 4.19.06
Comments from Attornev 5.1 5.06
a. Clear cutting;
Removal of native vegetation;
b.
. c.
d.
e.
f.
Fills and excavations;
Grading;
Modification of drainage patterns; or
Other activity having a negative impact on the viability, function or survival of the
environmentally sensitive areas.
4. New roads, bridges, road expansion projects and/or public or private utilities above or below
ground.
B. Exemptions: The following land areas and activities are exempt from the regulations of this
Ordinance.
1 . Otherwise regulated: That portion of property regulated by any of the following ordinances and
statutes:
a.
b.
c.
d.
e.
f.
. g.
h.
Sartell Flood Plain Management Ordinance;
Sartell Shoreland Management Ordinance;
Saltell Wetland Ordinance;
Mim1esota Wetland Conservation Act;
Section 404 of the Clean Water Act, not including contiguous impact zones.
At the request of the owner/developer of property mentioned above in this subsection. the
ESA portion of said property may be included in the site plming process.
NPDES Phase II Construction Site Pemnt Requirements
Sartell Erosion and Sediment Control Ordinance
2. Prior approvals:
a. Property that has received preliminary or fmal plat approval prior to the effective date of this
Ordinance.
b. Building projects for which a valid building permit exists that was issued prior to the
effective date of this Ordinance.
c. . Public street, bridge, trail and utility construction projects that have been approved for
construction prior to the effective date of l1ns Ordinance.
3. Public projects: Public right-of-way dedication and improvementprojectsthatare subject to the
National Environmental Policy Act (NEPA) of 1969 and/or the Minnesota Environmental Review
Program (MERP) and comply with the Comprehensive Plan.
4. Maintenance:
a. Customary dredging and cham1el maintenance of existing drainage facilities. This includes
vegetative maintenance for access and stomTwater/f1ood control purposes within and adjacent
to drainageways.
b. Activities associated with the repair, maintenance, or replacement of pipeline and utility lines
within existing utility rights-of-way.
c. Activities associated with the repair, maintenance or replacement of public highways, roads,
trails and bridges within existing street rights-of-way.
.
9
DRAFT ENVIRONMENTALLY SENSITITIVEAREAS ORDINANCE 4.19.06
d. Activities associated with the routine maintenance of existing public road, utility and pipeline
rights-of-way (this exemption is for the rnaintenance, but not the expansion, of rights-of-way
in which roads and utilities are located).
5. Emergency: Temporary emergency procedures necessary for the safety or protection of property
and people.
6. Utility poles: Single utility poles required providing service to the local area.
7. Agriculture: Ongoing customary agricultural operations.
8. Unplatted property: Unplatted property that is two acres or less in size, in its entirety, that is
occupied by a single family residential dwelling unit prior to the effective date of this ordinance.
C. Hierarchy of Protection and Development Guidelines. In developing and/or reviewing plans for a
property that has an Environmentally Sensitive Area, City staff, Environment and Development
Team, or approved governmental body shall take into account the following hierarchy of protection
and development guidelines.
1. Hierarchy of Protection: The hierarchy of protectjon areas in subsections a through c below are
listed in descending order from the highest to the lowest level of protection.
a. The preservation of rare species, riparian and wildlife corridors and complexes of the
Environmentally Sensitive Areas will receive priority treatment in each category.
b. Natural Heritage Areas and Rare Species. The goal is that any development and alterations
take place outside these areas.
c. Natural Resource Areas. 111 general, higher priority areas should receive more protection than
lower priority areas in the site planning process
(1) Most Important - The goal is to protect these areas and avoid any deterioration.
(2) More Important - The goal is to conserve the quality ofthese areas while allowing minor
encroachment or disturbance.
(3) Important - The goal is that design, placement and construction techniques used in these
areas will en.hance the general function and value of the natural resource area.
2. Development Guidelines: The following guidelines are based on the hierarchy of protection in
subsection 1., above, and shall be used in the site planning process to determine permitted site
design and development activities.
a. Maximize the protection of the function and value of Environmentally Sensitive Areas.
b. Provide for an opportunity for equitable economic retum for the development.
c. Maintain viable riparian and wildlife corridors, rare species, and cOlmections between
Environmentally Sensitive Areas.
d. Keep undeveloped Environmentally Sensitive Areas large enough to maximize sustainability
and minimize fra~'111entation.
e. Maintain a buffer adequate to the health and viability of the Environmentally Sensitive i\rea.
f. Minimize adverse construction impacts on the Environmentally Sensitive Areas.
10-22-6: ENVIRONMENT AND DEVELOPMENT TEAM (Vote in Favor - 8/0)
.An Environment and Development Team (EDT) shall be established to review each development
proposal govemed by this Ordinance. The following provisions govem the formation of the EDT.
10
.
.
.
.
.
.
DRAFT ENVIRONMENTALLY SENSITITIVE iI,P--EAS ORDINANCE
Approved by EEPO Task Force 4.19.06
Comments from Attornev 5.15.06
A. Composition of the Environment and Development Team: The Environment and Development
Team for each development proposal consists of the following:
1. The owner/developer.
2. One other person designated by the owner/developer.
3. Staff representative of each: Planning Office, Engineering Department, and Park Department.
4. Two volunteers with scientific expertise in natural resources.
B. Appointment and Qualifications of Scientific Members: The two volunteer scientific experts in
subsection A. 4., of this section, shall be appointed using the following process:
1. Joint Planning Commission recommendation: The Joint Planning Commission, with
assistance from the Planning Director, shall develop and recommend to the City Council a list of
volunteers with training and experience in one or more of the following areas:
a. Natural history,
b. Ecology,
c. Geology,
d. Hydrology,
e. Wildlife biolof,')T,
f. Botany,or
g. Other scientific areas related to natural resource issues in Sartell.
2. Residency not required. Residency in the City of Sartell is not required for volunteer scientific
members.
3. City Council approved list: After receiving the recommended list from the Joint Planning
Commission, the City Council shall appoint a group of volunteers, any of which may be
appointed to an EDT.
4. Selection by Planning Director. The Plam-ling Director shall select two persons from the City
Council approved list who have expertise appropriate to the natural resources on the proposed
project to serve as members of the Environment and Development Team for that specific
proposal.
10-22-7:
SITE PLANNING PROCESS (Vote in Favor - 8/0)
This Section establishes a site planning process that shall be followed in reviewing development
proposals governed by this Ordinance.
A. Intent of the Site Planning Process: The intent of the site planning process is to protect, conserve
and enhance EnvirolUllentally Sensitive Areas and to provide for an opportunity for equitable
economic return in consideration of protection and preservation ofESAs. Allowing flexibility in the
development design is crucial and a sketch drawing will be developed by the EDT for the specific
property under consideration. The historical differences in development and use of land, based on the
underlying zarung (i.e., agricultural, commercial, industrial, or residential), will be considered in the
process. Furthenllore, it is the intent of this Ordinance to discourage or deny requests for rezoning
purely for the purpose of evading compliance with te the goals, standards and requirements of this
Ordinance.
B. Activation of EDT: If the Planning Office determines that a proposed development will occur on an
Environmentally Sensitive Area or its impact zone, then the Planning Office will activate the
Enviromnent and Development Team. Section 10-22-6 establishes the membership of the EDT.
11
DRAFT ENVIRONMENTALLY SENSITITIVE AREAS ORDINANCE 4.19.06
EDT members will be notified of activation by the Planning Office. Notification will include a
tentative review schedule.
C. Information to EDT: The Planning Office will provide to the Enviromnent and Development Team .
all material pertinent to the proposal as it becomes available, preferably before the initial EDT
meeting is convened. The following information will be provided by the Planning Office or the
owner/developer for the initial meeting with the EDT and will be used in the development of the
Concept Plan and Natural Resource Management Plan.
1. ESA Ordinance and other relevant ordinances
2. Sartell Natural Resources Inventory
3. Current ESA map
4. Aerial Photograph ofthe property (with Y2 mile radius of the property).
5 . i\.nypreliminary sketch plans
6. Existing features, including:
a. A contour map based at least upon topo~rraphical maps published by the u.s. Geological
Survey.
b. The location of elements such as wetlands, watercourses, intermittent streams and 100-year
flood plains, and existing or proposed rights-of-way and easements.
c. The sketched location of features such as woodlands, tree lines, prairies, wildlife habitat,
open and/or active fields or non-woody vegetation/prairies, watershed divides and drainage
ways, fences or stone walls, rock outcrops, and existing structures, roads, tracks and trails.
D. On-site Visit: On-site visits by the EDT together are highly recommended to familimize EDT
members with the property prior to the initial meeting of the EDT. In the event a site visit is not
conducted, the reason why not will be part of the public record.
E. Verification of an ESA:
1. Refinement of ESA boundaries: Based on a site visit, scientific members of the EDT will help
determine more accurately the boundaries of the ESA, connections of the natural conIDlunities
present on and adjacent to the property, and the quality and sifo,rnificance of the identified
environmentally sensitive area. The Planning Office will assist in mapping the refmed ESA
boundaries. The EDT shall verify the potential habitat sites for actual habitat sites during the
refinement process.
2. Additional expertise: In the event that EDT volunteer scientific members do not have required
expertise, the City of SartelJ in collaboration with the owner/developer may hire one or more
experts to assist in the site planning process. The need for such experts shall be identified by the
Planning Office as early as possible in the process. The cost of such experts shall be paid by the
owner/developer.
3. ESA findings report: The scientists will report their findings, including inconsistencies in the
NRI and/or significant alterations to the property prior to the proposed development, to all the
members of the EDT. The ESA findings report should include reconunendations for rectifying
inconsistencies.
F. EDT Meetings:
1 . Initial meeting: The Planning Office will convene the initial meeting of the Environment and
Development Team.. The ESA findings repOlt shall be presented and reviewed. The EDT
members will work together sharing perspectives on how development might proceed on the
propelty to accommodate development aDd stewardship of the ESA. Staff and scientific i11embers
will work iD an advisory capacity to the owner/developer regarding the development of a Concept
12
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DRAFT E}"T\TIRONMENT ALL Y SENSITITI\fE A..REAS ORDINANCE
Approved by EEPO TaskForce 4.19.06
Comments from Attorney 5. ]5.06
Plan and Natural Resource Management Plan. The EDT may discuss various tools and incentives
for protection (see Section 10-22-8).
2. Additional meetings: Additional meetings of the EDT may be scheduled by the Planning Office
as necessary to complete the requirements of this Ordinance.
G. Concept Plan and Natural Resource Management Plan: During the development of the Concept
Plan and the Natural Resource Management Plan, the owner/de,'eloper will work with City staff and
EDT members to meet the goals and requirements of this Ordinance. Additional meetings of the EDT
may expedite the development of the plans.
1. Concept Plan requirements: A Concept Plan is a non-engineered plan for a property proposed
for development. The Concept Plan will provide information in sufficient detail to analyze the
proposed development and its relation to the Environmentally Sensitive Areas located on the
property. This plan must be completed prior to any development or alteration to the property.
2. Natural Resource Management Plan requirements: A Natural Resource Management Plan is
a plan meeting the requirements of this Ordinance to help protect the composition, structure and
function of the natural communities and wildlife habitat within the Environmentally Sensitive
Areas to be protected within the project and any adjacent buffer areas.
a. The Natural Resource Management plan outlines specific management and protection
measures and how they will be accomplished for the Environmentally Sensitive Area and any
buffer areas. f:..ppcndix B contains suggested guidelines for bo::;t n:anagemcl1'.. practices.
b. The Natural Resource Management Plan outlines by whom and how implementation takes
place.
3. EDT review: Upon completion, the owner/developer shall submit the Concept Plan and the
Natural Resource Management Plan to the Planning Office. The Plamling Office shall provide
copies of the documents to the EDT members and convene a meeting of the EDT to review the
plans.
H. Additional Review Requirements for Development Proposals Not Involving Platting: A
development proposal with an ESA that does not involve platting or an Enviroillllental Planned Unit
Development (EPUD) shall follow the requirements of subsections A. through F of this Section,
except that the Planning Director will make the final decision on the Concept Plan and Natural
Resource Management Plan. Joint Planning Commission and City Council review is not required.
1. Additional Review Requirements for Development Proposals Involving Platting: In addition to
the requirements of subsection J of this Section, a development proposal with an ESA that requires a
subdivision plat, but does not require a rezoning or is part of em Environmental Plalmed Unit
Development, shall meet the following:
1. Preliminary plat: The developer/owner shall prepare the preliminary plat in accordance with the
Concept Plan and the Natural Resource Management Plan and submit them to the Planning
Office. The Planning Office shall provide the preliminary plat to the EDT team members.
2. ESA findings report: The scientists shall assess the conformance of the preliminary plat with
the Concept Plan and the Natural Resources Management Plan. The report shall be submitted to
the Planning Office, which will provide the report to EDT members.
3. EDT recommendation: The EDT will review the ESA findings repOli on the preliminary plat
and make a recommendation to the JOlllt Planning Commission and the Park Conmrission if a
dedicated park is proposed. The EDT recommendation shall indicate if the preliminary plat and
plans meet tIle requirements of this Ordinance. If a consensus recornnlendation of the EDT is not
reached, any members of the EDT will be given the opportunity to report their findings to the
13
DRJ.\FT ENVIRONMENTALLY SENSITITIVE AREAS ORDTI"lANCE 4.19.06
Joint Plan..rling Commission in writing and/or at the meeting of the Joint Planning Commission at
which the majority recommendation is presented.
4. <loint Planning Commission public hearing and recommendation on the preliminary plat: .
Afterreceipt ofthe EDT recommendation, the Joint Planning Commission shall hold a public
hearing on the proposed preliminary plat and Natural Resource Management Plan. EDT
members may attend the public hearing and may be called upon to answer questions from the
public. After the public hearing, the Joint Plmming Commission shall make a reconmlendation
on the proposed preliminary plat and natural resource management plan to the City Council.
Such recommendation shall include findings on confornlance of the proposed preliminary plat to
the provisions of this Ordinance.
S. City Council public hearing and final action on the preliminary plat: iiller receipt of the
Joint Plamnng Commission recommendation, the City Council shall hold a public hearing on the
proposed preliminary plat and Natural Resource Management Plan and make a final decision.
The final decision shall include findings and shall indicate reasons for any deviation from the
Joint Plmming Commission reconmlendation.
6. Joint Planning Commission Recommendation on the Final plat: The developer shall submit a
final plat in accordance with the preliminary plat to the Joint Plamnng Commission for review.
The Joint Plamling Conmnssion shall make a recommendation on the final plat to the City
Council.
7. City Council final plat action: After receipt of the Joint Planning Commission recon1l11endation
on the final plat and EPUD, the City Council shall make a final decision on the proposed final
plat and Natural Resource Management Plan. The Natural Resource Management Plan shall be
part of final plat approval and shall be included in the development agreement and/or the deed.
8. Continuing requirement: All activities on the property during and after development shall
follow the Final Plat and Natural Resource Management Plan.
J. Additional Review Requirements for Development Proposals Involving an Environmental
Planned Unit Development (EPUD): In addition to the requirements of subsections A. through I of
this Section, a development proposal with an ESA that is part of an Environmental Planned Unit
Development (EPUD), shall meet the following:
1. Purpose: The purpose of the Environmental Plmmed Unit Development (EPUD) is to offer an
alternative to residential, commercial, industrial and agricultural zones, as outlined in the Zoning
Ordinance, for development of parcels containing Environmentally Sensitive Areas (ESAs)
and/or their impact zones as designated in tills Ordinance. The EPUD is sinrilar to a PUD except
that it pertains only to parcels regulated under this Ordinance, and it follows the planning and
review process as outlined in this Ordinance.
2. Criteria for allowing EPUDs: Deviation from the definitive and precise requirements of the
single purpose zones is to be conditionally allowed as an EPUD ifthe particular areas to be
developed can offer greater value to the community and better meet the cOU1TImnity's health,
welfare and safety requirements and the goals of this Ordinance.
3. Multiple uses allowed. The EPUD may be multi-purpose in nature so that it may contain several
classifications for residential use as well as a combination of uses, which could include
appropriate commercial and/or industrial uses as long as it is consistent with the comprehensive
plan.
4. EPUD review process: The development process fOT EPUDs shall include the process outlined
in subsections A. through I of tills Section and the following.
a. Rezoning request: The owner/developer requests EPUD zoning.
14
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DRAFT EJ'..TVIRONMENT ALLY SENSITITIVE AREAS ORDINANCE
Approved by EEPO Task Force 4.19.06
Comments from Attorney 5.15.06
b. Preliminary plat and EPUD: The owner/developer shall prepare a preliminary plat and
EPUD in accordance with the Concept Plan and the Natural Resource Management Plan and
submits it to the Plaming Office. The PlaID1ing Office shall provide the preliminary plat and
EPUD to the EDT team members to be considered in the EDT recommendation to the Joint
Planning Commission.
c. ESA findings report: The scientists shall assess the confoill1ance of the preliminary plat and
EPUD with the Concept Plan and the Natural Resources Management Plan. The report shall
be submitted to the Planning Office, which will provide the report to EDT members.
d. EDT recommendation: The EDT will review theESA findings report on the preliminary
plat and EPUD and make a recommendation to the Joint Planning Commission and the Park
Commission if a dedicated park is proposed.
e. Joint Planning Commission public hearing and recommendation: After receipt of the
EDT recommendation, the Joint Planning Commission shall hold a public hearing on the
preliminary plat, EPUD and Natural Resource Management Plan. EDT members may attend
the public hearing and may be called upon to answer questions from the public. After the
public hearing, the Joint Plaming Commission shall make a recommendation on the proposed
EPUD, preliminary plat and natural resource management plan to the City Council. Such
recommendation shall include findings on confoill1ance of the proposed development to the
provisions of this Ordinance.
f. City Council public hearing and decision: Afterreceipt of the Joint Plaming Commission
recommendation on the preliminary plat, EPUD and Natural Resource Management Plan, the
City Council shall hold a public hearing. After the public hearing, the City Council shall
make a decision on the proposed development, EPUD and Natural Resource Management
Plan. The decision shall include findings and shall indicate reasons for any deviation from
the Joint Planning Commission recommendation. Conditions of the approval shall be
included in the EPUD.
5. Joint Planning Commission Recommendation on the Final plat and EPUD: The developer
shall submit a final plat in accordance with the preliminary plat to the Joint Planning Commission
for review. The Joint PlaID1ing Commission shall make a recommendation on the final platto the
City Council.
6. City Council final plat and EPUD action: After receipt of the Joint Planning Commission
recommendation on the fInal plat and EPUD, the City Council shall make a final decision on the
proposed final plat, EPUD and Natural Resource Management Plan. The Natural Resource
Management Plan shall be part of final plat approval and shall be L'1cluded in the development
agreement and! or the deed.
7. Continuing requirement: All activities on the propeliy during and after development shall
follow the Final Plat and Natural Resource Management Plan.
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10-22-8
INCENTIVES (Vote in Favor - 8/0)
.
To provide for an opportunity for equitable economic return in consideration of protection and
preservation of Environmentally Sensitive i\reas covered by this Ordinance, incentives m.ay be offered
including, but not limited to (but subject to applicable local, state and federal laws) the following:
A. Deviations from subdivision and zoning regulations, such as allowing narrower public right-of-way,
reduced sidewalk requirements reduced street widths, reduced setback requirements,
B. Acceptance of donation of ESAs in lieu of park dedication
15
DRAFT ENVIRONMENTALLY SENSIT1TIVE AREAS ORDINANCE 4.19.06
C. Preservation of an ESA through conservatje)11 easement or Natural Resource Management Plan in lieu
of park dedication,
D. Assessment on stom1 drain to exclude the square footage that is in the protected area,
E. AJlowance for wetlands. If incentives are given for a wetland on property that has other ESAs,
development should occur outside said other ESAs.
.
F. Allowance of increased density and smaller lot size, .
G.
H.
Clustering of development outside the ESA
Variance from lot coverage regulations and Sartell's wetland ref,rulations (consistent with existing
laws and protective of the ecological function of the wetland),
Waiver of application fees,
L
.T. Land swaps.
K.. Land acquisitions ofESAs.
L. Low Impact Development (See Minnesota Stormwater Manual)
M. In commercial and industrial districts, additional incentives include, but are not limited to, the
following:
1. Reduction of the required area for paved parking
2. Waiver of standard height restrictions.
3. Variance from standard setback requirements
4. Variance from landscaping requirements
5. Use of unpaved, dust free parking surfaces
N. Incentives that increase impact pressures on other ESAs should be avoided.
O. Environmental Planned Unit Development
P. Perpetual Conservation Easement
Q. Locally-Enacted Preservation Overlay Zone
R. Transfer of Development Rights (TDR) and Purchase of Development Rights (PDR)
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lO-22-~: ADMINISTRATIVE REGULATIONS (Vote in Favor - 8/0)
A. Administration: The PlaJming Director shall administer and enforce this Ordinance.
B. Permit Requirements: A building permit shall not be issued or any alterations to the propeliy
allowed unless it is in conformity with this Ordinance.
C. Appeals: The City Council shall hear and decide appeals where it is alleged there is an error in any
order, requirement decision, or determination made by the Plmming Director in the enforcement or
administration of this Ordinance. The procedure for appeals shall follow the procedures as denoted in
10-16-1 of the Sartell Zoning Ordinance.
D. Variances: The City Council shall hear and decide request for variance from the literal provisions of
this Ordinance in instances where strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration. The procedure for variances
shall folIo",: the procedures as denoted in 10-16-4 of the Sartell Zoning Ordinance.
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16
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DRAFT a,;rVIRONMENT ALL Y SENSITITIVE AREAS ORDINANCE
Approved by EEPO Task Force 4.19.06
Comments from Attomev 5.15.06
AMENDMENTS TO THE ENVIRONMENT ALL Y SENSITIVE i~REAS
ORDINANCE (Vote in Favor - 8/0)
A. Subject to the procedure as prescribed in the Zoning Ordinance,.Title 10, Section] 5, Amendments
and Rezonings, the Council may on its own motion, or at the request of the Joint Planning
Commission or on the petition or appeal of the affected propertyowner(s):
10-22-HI:
1. Remove land that has been designated on the maps if it is found that an error was made in that
said property fails to meet the criteria as outlined in 10-22-4 of this Ordinance.
2. Add land to the maps if it is found that said land meets the criteria as outlined in 10-22-4 of this
Ordinance to be classified as an envir01IDlentally sensitive area.
3. Change any ofthe regulations or requirements of this Ordinance by amendment to this
Ordinance.
4. In the event that any land not previously inventoried is annexed to the City after the effective date
of this Ordinance, said land shall be inventoried as soon as feasible for inclusion on the
Enviroillllentally Sensitive Areas Maps, said inventory period not to exceed 9 months..
5. For purposes of a petition to change tins Ordinance, map, etc., the word "owner" shall be deemed
to include any person having a freehold interest or a contractual interest, which may become a
freeho ld interest.
10-22-11 :
VIOLATIONS _ PENJ..L OFFENSE
Upon a determination that probable cause exists to indicate a violation of any of the provisions of this
Ordinance has been committed or shall exist, the owner or lessee of the building or premises, or the owner
or lessee of any part of the building or prennses constituting the violation shall be served by certified
mail, return receipt requested, with the appropriate written order to remove the violation, and if necessary,
to restore the site to its status prior to the existence of the violation. If the violation continues to exist ten
(l0) days from receipt of such wlittenorder, the owner or lessee shall be guilty of a 1!.:9Nl offcnoe
puni::;hnble :ill2:QIl conviction as Q nnsdemeanor. After ~ conviction for ef a violation becomes final,
~:fu.Q pro\'i3ions of pams..'Taph ill ~ section, the continued violation of such provision shall
constitute a separate offense for each day such violation shall continue to exist.
10-22-12:
lNTERPRET ATION
In int.erpreting and applying the provisions of this Ordinance, they shall be held to be the minimum
requirements for the promotion of public safety, health, convenience, comfort, prosperity and general
welfare. It is not the intent of this Ordinance to interfere with or abrogate or mIDul any easement,
covenant, or other ab'Teement between parties; provided, however, that where this Ordinance imposes a
greater restriction upon the use of building or premises, the provisions of this Ordinance shall govern.
10-22-13:
SEVERABll.1TY
Should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity ofthe Ordinance as a whole or any part thereof,
other than the part so declared to be invalid.
17
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.CJTY__OF ST. CLOUD
ENVJRO~MENT_ALl- Y_..s_E_~..s(TIYE AREAS_J)J~~OlN~i\N.cE
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6/27 12006
ORDINANCE NO. 1871
ST. CLOUD ENVIRONMENTALLY SENSiTIVE AREAS ORDINANCE
THE COUNCiL OF THE CITY OF ST. CLOUD HEREBY ORDAINS:
ARTICLE 1 - TITLE
This Ordinance as amended from time to time shall be known as the "Environmentally
Sensitive Areas Ordinance" of the City of St. Cloud, Minnesota, and shall be known,
cited and referred to herein as "this Ordinance."
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ARTICLE 2 - PURPOSE
SECTION 1
1.1 The intent of this Ordinance is to pursue two equal goals:
1.1-1 To provide and encourage measures of protection to those properties
identified as Environmentally Sensitive Areas (ESA).
1.1-2 To provide for equitable economic return in consideration of protection and
preservation of ESA.
SECTION 2
2.1 This Ordinance creates a process through which the City can comply with the
Comprehensive Plan's pledge to support orderly growth and development while
protecting environmentally sensitive resources within the City of St. Cloud.
The goals of the Comprehensive Plan furthered by this Ordinance include the
need to:
2.1-1 "Protect, conserve, and enhance natural resources within and adjacent to
the St. Cloud area for the community's long-term environmental and
economic benefit."
2.1-2 "Support the orderiy growth of residential, commercial and industrial areas
in accordance with reasonable market projections."
2.1-3 "identify sensitive environmental areas and prioritize their inclusion in a
regional open space system."
2.1-4 "Create and sustain a favorable climate for economic development in the
City."
SECTION 3
3.1 This Ordinance requires that all future development occurring in areas identified
as environmentally sensitive be guided by a concern to protect, conserve and
enhance those resources. To accomplish this goal, this Ordinance creates a
process to aid, support and promote development that achieves these
environmental goals. This process will:
2
3.1-1 Identify and prioritize environmentally sensitive areas;
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3.1-2 Aid developers in the creation of their development plans;
3.1-3 Aid City staff, the Planning Commission and City Council in their
assessment of development plans in environmentally sensitive
areas;
3.1-4 Provide flexibility in the planning process when needed to balance
environmental and economic goals.
SECTION 4
4.1 Rationale for Protecting Environmentally Sensitive Areas:
Environmentally Sensitive Areas (ESA's) are areas that contain native
vegetation and natural features and/or natural resources that contribute to
the health, welfare and quality of life of the people of St. Cloud. The City
of St. Cloud has a right and the responsibility to protect and conserve
these areas for a variety of reasons, including:
4.1-1 Some areas contribute to community health (e.g., wetlands that
function to filter and purify water);
4.1-2 Some areas are valued for historical and symbolic reasons (e.g.,
the few remaining examples of pre-settlement prairie or granite
outcrops that symbolize St. Cloud's heritage);
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4.1-3 Some areas contribute to community safety (wetlands and riparian
corridors contribute to flood control):
4.1-4 Some areas are valued as habitat for wildlife and/or natural
communities (some of which include rare native plant or animal
species);
4.1-5 Some areas are valued for recreational (hiking, skiing, walking)
purposes;
4.1-6 Some areas are valued on the grounds of aesthetics and quality of
life (as open areas and woodlands provide solitude and quiet
amidst the noise and crowds of modern life);
4.1-7 Some areas function as educational resources for scientific
research and teaching (especially by providing our children with
convenient and local access to learn about their natural
surroundings and their history).
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3
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ARTICLE 3 - FINDINGS
The Council for the City of St. Cloud finds that
-Natural areas, such as native prairies, forests and woodlands, rare species
habitat, sensitive geological and hydrological features, wetlands, riparian (river
and stream) and wildlife corridors, and other unique and sensitive natural
features within the City are parts of the natural ecosystem (see Appendix A -
Description of Environmentally Sensitive Resources and Rationale for
Protection).
.. This natural ecosystem and its interconnected network should be protected in
the development of the City for the present and future health, safety and general
welfare of the people within the City.
.. The SL Cloud Environmentally Sensitive Areas Ordinance identifies and
prioritizes these environmentally sensitive natural areas.
.
"The continued strength of our community, our economic security and the health
of our natural environment are interdependent. Sustainable development
maintains or enhances economic opportunity. Therefore, our community's well
being and quality of life is enhanced by protecting, conserving and enhancing
environmentally sensitive areas. .
0> This Ordinance a.lso furthers the goals of the following:
City of S1. Cloud 1993 Comprehensive Plan
City of SL Cloud Home Rule Charter
Community Based Planning A.ct of 1997 (CBPA) Minnesota
Statutes 41\.08, particularly the goals of economic development,
conservation, land-use planning and sustainable development
.
4
ARTICLE 4 - IDENTIFICATION OF ENVIRONMENTALLY SENSITIVE AREAS
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SECTION 1 - GO,ALS
Environmentally Sensitive Areas are identified to:
1.1 Protect, conserve and enhance the City's natural resources including the City's
inventoried and identified native prairies, forests, woodlands, sensitive geological
and hydrological features, wetlands, riparian (river and stream) corridors, wildlife
corridors and other sensitive natural features.
1.2 Develop a priority system for guiding protection of environmentally sensitive
areas.
1.3 Promote open space, including an interconnected system of trails for people and
corridors for wildlife where appropriate and feasible.
1.4 Provide for the orderly growth and development of the City including commercial,
industrial and residential areas.
1.5 Promote flexible site planning.
1.6 Allow for a mix of housing types.
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1.7 Promote protection of steep slopes and sensitive soils.
1.8 Encourage coordination between city, county, state and federal agencies
concerned with natural resources.
1.9 Encourage cooperation through joint planning and development with neighboring
communities to protect, preserve, and enhance our shared natural environment.
1.10 Encourage early cooperative planning between landowners/developers, the City
and individuals with scientific expertise in natural communities and resources.
SECTION 2 - ENVIRONMENTALLY SENSITIVE ARE.AS
Environmentally Sensitive Areas (ESA's) are areas that contain native vegetation and
natural features and/or natural resources. ESA's contain natural communities, i.e.,
naturally-occurring associations of plants and animals whose existence and extent are
determined by factors such as soil composition, hydrology, climate, solar conditions and
a site's unique history. Natural communities are named for the dominant plant species
within them or for characteristic environmental features. Examples are oak forest and
wet meadow. ESA's maya!so contain rare species or protect natural resources of
concern. ESA's are sensitive in that further fragmentation, disturbance and
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development will adversely affect and may destroy the natural processes operating
within them, as well as the composition, structure and function of the natural
communities they contain.
SECTION 3 - CRITERIA. FOR DESIGNATING LAND AS AN ENVIRONMENTALLY
SENSITIVE AREA
Properties designated as environmentally sensitive have one or more of the following
characteristics:
3.1 Contains much native biodiversity and few exotics.
3.2 Is of adequate size and cohesiveness to be biologically sustainable.
3.3 Is a remaining example of a pre-permanent settlement natural community for
Minnesota.
3.4 Is considered significant because it is rare in the St. Cloud area.
3.5 Contains or is adjacent to a rare species site, and is critical in preserving the rare
plant species or in conserving the rare animal species present. (See MN Statute
84.0895, Protection of Threatened and Endangered Species.)
3.6 Contains sensitive geological and hydrological features.
3.7 Contains or is adjacent to a wetland, river or stream and is critical in maintaining
water quality, rare species habitat, or flood control.
3.8 Contributes significantly to biological or hydro-geological functions such as
wildlife habitat, air purification, and erosion control.
These criteria, when ecologically significant, are used in designating new properties as
environmentally sensitive areas through the amendment process. (See Article 7,
Section 4.)
SECTION 4 CRITERIA FOR PRIORiTIZATION OF ENVIRONMENTALLY
SENSITIVE AREAS
Areas designated as environmentally sensitive are prioritized for planning purposes.
Prioritization is based on the presence of one or more of the foliowing characteristics:
4.1 Quality of the area as determined by the degree of human disturbance on the
ecosystem (the less the disturbance, the higher the quality).
6
4.2
Local andior state rarity.
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4.3 Biodiversity of native species.
4.4 Interconnectedness: corridors and complexes that form interconnected
and contiguous areas and which allow for movement of species from one
Environmentally Sensitive Area to another.
4.5 Part of a riparian (river and stream) corridor; part of a wildlife corridor.
4.6 Size: each type of Environmentally Sensitive Area has its own size
requirements that contribute to continued viability for that natural
community.
4.7 Provides an environmental service: purification system for drinking water
and surface waters; a groundwater recharge area; an air purification
system that fosters human health; a low cost stormwater management
and flood control system; noise abatement, natural wind and snow break,
etc.
4.8 Ecological sensitivity, i.e. the ability of the natural community to tolerate
development andior recover from human disturbance.
Sf=CTION 5 - DETERMINATION OF LOCATION OF ENVIRONMENTALLY
SENSITIVE AREAS
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5.1 Preliminary determination of the location of an ESA will be made by the
Planning Office and Engineering Department using the maps as denoted
in Sections 5.1-1 and 5.1-2 below. ESA's as denoted on the maps in
Sections 5.1-1 and 5.1-2 below and their impact zones shall be the only
properties regulated by this Ordinance; except that the land area regulated
also applies to any land area that is added, and does not apply to a land
area deleted, as an ESA under the land area amendment process as
outlined in Article 7, Section 4.
5.1-1 31. Cloud Natural Areas Inventory and Planning Framework (1996)
and 2001 Adde'ndum (including the 31. Cloud Natural Areas and
Rare Species Sites map and 2001 Addendum maps).
5.1-2 Minnesota County Biological Survey Map entitled Natural
Communities and Rare Species, S1. Cloud Metropolitan Area
(1997).
5.2 The City and the Environment and Development Team may use other
pertinent reference maps, reports and documents, etc. in dealing with
property that contains an ESA (see Appendix F for examples of other
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5.3
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resources the City may use). The use of other resources is only for
reference and does not create new ESA's. The process for amending the
designation of land as an ESA is described in Article 7, Section 4.
Final determination of the specific boundaries of an ESA will be made by
qualified scientists through the Site Planning Process (see Article 6,
Section 3).
8
ARTIOLE 5 - GENERAL PROVISIONS
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SECTION 1 - PURPOSE
The following provisions are designated to encourage land and development planning
which help insure that sensitive areas are protected.
SECTION 2 - ACTIVITIES WHICH ARE SUBJECT TO THIS ORDINANCE
The following activities are subject to this Ordinance unless exempted under Section 3
of this Article. -
2.1 Subdivision of land,
2.2 Any new construction or building additions within the boundaries of ESA and its
impact zone.
2.3 The following land alterations within the boundaries of ESA and its impact zone:
clear cutting, removal of native vegetation, fills and excavations, grading, and
modification of drainage patterns or other destruction or alteration having a
negative impact on the viability or survival of the environmentally sensitive areas.
2.4
New roads, bridges, road expansion projects and/or public or private utilities
above or below ground,
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SECTION 3 - EXEMPTIONS
The following are exempt from the regulations of this Ordinance,
3.1 That portion of property regulated by any of the following ordinances: st. Cloud
Flood Plain Management Ordinance, St. Cloud Scenic Rivers Ordinance, St.
Cloud Shoreland Management Ordinance, and activities regulated by the
following acts: Minnesota Wetland Conservation Act and Section 404 of the
Clean Water Act, not including contiguous impact zones. At the request of the
owner/developer of property mentioned above in this section, the ESA portion of
said property may be included in the site planning process.
3.2 Property that has received preliminary or final plat approval prior to the effective
date of this Ordinance,
3.3 Building projects for which a valid building permit exists that was issued prior to
the effective date of this Ordinance,
3.4 Public street, bridge, trail and utility construction projects that have been
approved for construction prior to the effective date of this Ordinance,
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3.5
Public right-of-way dedication and improvement projects that are subject to the
National Environmental Policy Act (NEPA) of 1969 and/or the Minnesota
Environmental Review Program (MERP) and comply with the Comprehensive
Plan.
3.6 Stormwater retention, groundwater recharge and discharge, groundwater
monitoring, water purification, nutrient retention and removal, and pollution
control facilities that have been approved for installation by county, state and/or
federal regulatory agencies.
3.7 Customary dredging and channel maintenance of existing drainage facilities. This
includes vegetative maintenance for access and stormwater/flood control
purposes within and adjacent to drainageways.
3.8 Activities associated witr-I the repair, maintenance, or replacement of pipeline and
utility lines within existing utility rights-of-way.
3.9 Activities associated with the repair, maintenance or replacement of public
highways, roads, trails and bridges within existing street rights-of-way.
3.10 Activities associated with the routine maintenance of existing public road, utility
and pipeline rights-of-way (this exemption is for the maintenance, but not the
expansion, of rights-of-way in which roads and utilities are located).
3.11 Temporary emergency procedures necessary for the safety or protection of
property.
3.12 Single utility poles req uired to provide service to the local area.
3.13 Ongoing customary agricultural operations.
3.14 Unplatted property that is two acres or less in size, in its entirety, that is occupied
by a single family residential dwelling unit prior to the effective date of this
ordinance.
SECTION 4 - HIERARCHY OF PROTECTION AND DEVELOPMENT GUIDELINES
In developing and reviewing plans for a property that has an Environmentally Sensitive
Area, City staff, Environment and Development Team, Planning Commission and City
Council shall take into account the following hierarchy of protection and development
guidelines.
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4.1
Hierarchv of Protection
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The hierarchy of protection as listed in Sections 4.1-1 and 4.1-2 of this Article are
listed in descending order from the highest to the lowest level of protection. In
general, higher priority areas should receive more protection than lower priority
areas. The preservation of rare species, riparian and wildlife corridors and
complexes of the Environmentally Sensitive Areas will receive priority treatment
in each category.
4.1-1 Natural Heritage Areas and Rare Species. The goal IS that any
development and alterations take place outside these areas.
4.1-2 Natuial Resource Areas
4.1-2.1
High Priority Areas (Level I) - The goal is to protect these
areas and avoid any deterioration.
4.1-2.2
Medium Priority Areas (Level II) - The goal is to conserve the
quality of these areas while allowing minor encroachment or
disturbance.
4.1-2.3
Low Priority Areas (Level Ill) - The goal is that design,
placement and construction techniques used in these areas
will enhance the general ambiance and character of the
natural resource area.
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4.2 Development Guidelines
4.2-1 Maximize the protection of the Environmentally Sensitive Areas.
4.2-2 Provide for an equitable economic return for the development.
4.2-3 Maintain viable riparian and wildlife corridors, rare species, and
connections between Environmentally Sensitive Areas.
4.2-4 Keep undeveloped Environmentally Sensitive Areas large enough
to maximize sustainability and minimize fragmentation.
4.2-5 Maintain a buffer adequate to the health and viability of the
Environmentally Sensitive Area.
4.2-6 Minimize adverse construction impacts on the Environmentally
Sensitive Areas.
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ARTICLE 6 - SITE PLANNING PROCESS
SECTION 1 - PURPOSE
The intent of this planning process is to protect, conserve and enhance Environmentally
Sensitive Areas and to provide for equitable economic return in consideration of
protection and preservation of ESA's. Allowing flexibility in the development design is
crucial and will be worked out on a case by case basis for the property under
consideration. The historical differences in development and use of land, based on the
underlying zoning (i.e., agricultural, commercial, industrial, or residential), will be
considered in the process. Furthermore, it is the intent of this Ordinance to discourage
requests for rezoning purely for the purpose of evading compliance to the goals,
standards and requirements of this Ordinance.
SECTION 2 - ENVIRONMENT AND DEVELOPMENT TEAM (EDT)
2.1
Function of the Environment and Development Team
The EDT will work together sharing perspectives on how development might
proceed on the property to accommodate development and stewardship of the
ESA. Staff and scientific members will work in an advisory capacity to the
owner/developer regarding the development of a Concept Plan and Natural
Resource Management Plan. The EDT may discuss various tools and incentives
for protection (see Appendix C and Article 6, Section 3.6). With this information,
the owner/developer will then proceed to take the sketch plat and formulate the
Concept Plan and preliminary plat for the development. Staff and scientific
members will review and comment on the preliminary plat.
2.2
Composition of the Envimnment and Development Team
The Environment and Development Team consists of the following:
The owner/developer.
Another designated person of the owner's/developer's choice.
Staff representative of each: Planning Office, Engineering Department, and Park
Department.
Two volunteers with scientific expertise in natural resources. (See Appendix D
for qualifications.)
2.3 Appointment of Scientific Members
2.3-1 The Mayor shall appoint a group of volunteers with training and
experience in one or more of the following areas: Natural History, Ecology,
Geology, Hydrology, Wildlife Biology or Botany. The City Council shall be
advised of these appointments.
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2.3-2 The Planning Director shall select two persons from the group who have
expertise appropriate to the natural resources on the proposed project to
serve as members of the Environment and Development Team for that
specific proposal.
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2.3-3 Residency in the City of 81. Cloud is not required when residents with
appropriate scientific expertise are not available within the city.
SECTION 3 - ENVIRONMENT AND DEVELOPMENT TEAM REVIEW PROCESS (see
Appendix G - Flow Chart)
3.1 Activation of the Environment and Development Team
3.1-1 If the Planning Office and Engineering Department determine that a
proposed development will occur on an environmentally sensitive area or
its impact zone, then the Planning Office will activate the Environment and
Development Team.
3.1-2 The Planning Office will convene the initial meeting of the Environment
and Development Team.
3.1-3 The Planning Office will provide to the Environment and Development
Team all material pertinent to the proposal as it becomes available.
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3.2 Existinq Features
The following information may be helpful for the initial meeting with the EDT and
for the development of the Concept Plan and Natural Resource Management Plan.
3.2-1 .14. contour map based at least upon topographical maps published by the
U.S. Geological Survey.
3.2-2 The location of severely constraining elements such as wetlands,
watercourses, intermittent streams and 1 DO-year flood plains, and existing
or proposed rights-of-way and easements.
3.2-3 The location of features such as woodlands, tree lines, prairies, wildlife
habitat, open and/or active fields or meadows, watershed divides and
drainage ways, fences or stone walls, rock outcrops, and existing
structures, roads, tracks and trails.
3.3 On-site Visits
The EDT may elect to conduct on-site visit(s) to familiarize themselves with the
property.
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3.4 Verification of an ESA
3.4-1 Scientific members of the EDT will help determine more accurately the
boundaries of the ESA, connections of the natural communities present on
and adjacent to the property, and the quality and significance of the
identified environmentally sensitive area.
3.4-2 Major development that would require a substantial amount of work/time
for the scientific members may require the owner/developer to hire a
consultant.
3.4-3 The sci.entists will report their findings to the EDT.
3.5 Concept Plan
A Concept Plan is a non-engineered plan for a property proposed for
development. The Concept Plan will provide information in sufficient detail to
analyze the proposed development and its relation to the environmentally
sensitive areas located on the property. This plan may be required to be
completed prior to any development or alteration to the property.
3.5-1 Staff and scientific members will work in an advisory capacity to the
owner/developer proposing the project regarding the development of a
Concept Plan and Natural Resource Management Plan.
3.5-2 Owner/developer prepares Concept Plan and submits it to the Planning
Office which provides it to other members of the EDT.
3.5-3 Owner/developer presents Concept Plan to other members of the EDT for
discussion.
3.6 Incentives
3.6-1 To provide for equitable economic return in consideration of protection and
preservation of Environmentally Sensitive Areas covered by this
Ordinance, incentives include, but are not limited to, the following:
variance from subdivision regulations, such as allowing
narrower public right-of-way
reduced sidewalk requirements
reduced street widths
reduced setback requirements
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acceptance of donation of an ESA in lieu of park dedication
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preservation of an ESA through conservation easement or Natural
Resource Management Plan in lieu of park dedication
assessment on storm drain to exclude the square footage that is in
the protected area
use of the wetlands as a storm drain alternative
allowance for wetlands. If incentives are given for a wetland on
property that has other ESJ.\'s, development should occur outside
said other ESA's.
other assessment relief
allowance of increased density and smaller lot size
clustering of development outside the ESA
variance from lot coverage regulations
waiver of application fees
land swaps
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3.6-2 In commercial and industrial districts, additional incentives include, but are
not limited to, the following:
reduction of the required area for paved parking
, waiver of standard height restrictions
variance from standard setback requirements
variance from landscaping requirements
use of unpaved, dust free parking surfaces
3.6-3 Incentives that increase impact pressures on other ESfl.,'s should be
avoided.
3.6-4 Environmental Planned Unit Development (EPUD)
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3.7
Natural Resource Manaaement Plan
In conjunction with, or following, the Concept Plan, the owner/developer (with
help from other members of the EDT) will provide for a Natural Resource
Management Plan to help protect the composition, structure and function of the
natural communities and wildlife habitat within the environmentally sensitive
areas which is to be protected within the project and (if appropriate) adjacent
buffer areas.
This plan outlines specific management and protection measures and how they
will be accomplished for the environmentally sensitive area and (if appropriate)
for the buffer areas. (See suggested guidelines in Appendix B - Best
Management Practices.)
This plan outlines by whom and how implementation takes place. If platting is
required, this plan, upon approval by the City Council, is included in the
subdivision agreement and/or the deed, if appropriate.
SECTION 4 - REVIEW PROCESS (REQUIRING PLATTING) FOR AN ESA NOT
INVOLVING ZONING ISSUES
The development process for a project which includes an ESA but does not require
rezoning or where the property owner/developer opts not to request a rezoning to an
EPUD follows the EDT review process as outlined in Article 6, Section 3 and the
following.
4.1 Owner/developer prepares preliminary plat in accordance with the Concept Plan
and submits it to the Planning Office along with the Natural Resource'
Management Plan (Article 3, Section 3.7). The Planning Office provides these to
the other team members.
4.2 Scientists assess the effects of the preliminary plat and Natural Resource
Management Plan on the ESA(s) included in the project and submit report to the
Planning Office, which provides the report to other members of the EDT.
4.3 The Planning Office provides its findings and recommendation (considering EDT
analysis) on the preiiminary plat and Natural Resource Management Plan to the
Planning Commission.
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4.4
Final plat is submitted in accordance with the preliminary plat.
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Preliminary plat, Natural Resource Management Plan and if appropriate,
the final plat, are reviewed by the Planning Commission and City Council.
4.6 Conditions of the plat approval are included in the subdivision agreement
for the final plat.
SECTION 5 - REVIEW PROCESS (REQUIRING PLATTING) FOR AN ESA
INVOLVING ZONING ISSUES (ENVIRONMENTAL PLANNED UNIT
DEVELOPfV1 ENT)
The purpose of the Environmental Planned Unit Development (EPUD) is to offer
an alternative to residential, commercial, industrial and agricultural zones, as
outlined in the Zoning Ordinance, for development of parcels containing
Environmentally Sensitive Areas (ESA's) and/or their impact zones as designated
in this Ordinance. (See Article 4, Section 2.) The EPUD is similar to a PUD
except that it pertains only to these parcels, and it follows the planning and
review process as outlined in this Ordinance.
Deviation from the definitive and precise requirements of the single purpose
zones is to be conditionally allowed as an EPUD if the particular areas to be
developed can offer greater value to the community and better meet the
community's health, welfare and safety requirements and the goals of this
Ordinance.
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The EPUD may be multi-purpose in nature so that it may contain several
classifications for residential use as well as a combination usage which could
include appropriate commercial and/or industrial uses.
The development process for ESA's involving zoning issues (EPUD) follows the
EDT review process as outlined in Article 6, Section 3 and the following.
5.1 Owner/developer requests EPUD zoning.
5.2 Owner/developer prepares preliminary plat and EPUD in accordance with
the Concept Plan, and submits it to the Planning Office along with the
Natural Resource Management Plan (Article 3, Section 3.7). The
Planning Office provides these to the other team members.
5.3 Scientists assess the effects on the ESA(s) of the EPUD, preliminary plat
and Natural Resource Management Plan and submit report to the
Planning Office, which provides the report to rest of team.
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5.4 The Planning Office provides its findings and recommendation
(considering EDT analysis) on the EPUD, preliminary plat and Natural
Resource Management Plan to the Planning Commission.
5.5 The Planning Commission holds a public hearing and reviews the EPUD,
preliminary plat, Natural Resource Management Plan and if appropriate,
the final plat, and makes a recommendation to the City Council.
5.6 The City Council holds a public hearing and reviews the EPUD,
preliminary plat, Natural Resource Management Plan and if appropriate,
the final plat, and makes the final determination on the EPUD and plat.
5.7 Con~jjtions of the approval are included in the EPUD.
5.8 The final plat shall be consistent with the EPUD.
SECTION 6 - REVIEW PROCESS FOR AN ESA NOT REQUIRING PLATTING
The review process for activities occurring on property where platting is not
required will follow the EDT review process as outlined in Article 6, Section 3 and
the following.
6.1 Property owner/developer will provide information to the Planning Office
detailing what activities are proposed for the property.
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6.2
If the EDT is activated, the EDT may decide to visit the property.
6.3
The EDT may work on developing a Concept Plan, and if appropriate, a
Natural Resource Management Plan for the property.
6.4
The Planning Director will give final approval of the Concept Plan and
Natural Resource Management Plan.
6.5
Any activities on the property shall follow the Concept Plan and Natural
Resource Management Plan.
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ARTICLE 7 - ADMINISTRATIVE REGULATIONS
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SECTION 1 - ADMINISTRATION
The Planning Director shall administer and enforce this Ordinance.
SECTION 2 - PERMIT REQUIREMENTS
A building permit shall not be issued or any alterations to the property allowed unless it
is in conformity with this Ordinance.
SECTION 3 - ZONING BOARD OF APPEALS
3.1 The Zoning Board of Appeals shall hear and decide appeals where it is alleged
there is an error in any order, requirement, decision, or determination made by
the Planning Director in the enforcement or administration of this Ordinance.
3.2 The Zoning Board of Appeals shall hear and decide request for variance from the
literal provisions of this Ordinance in instances where strict enforcement would
cause undue hardship because of circumstances unique to the individual
property under consideration.
3.3 The procedure for appeals and variances shall follow the procedures as denoted
in Article 28, Sections 4.4, 4.5, 4.6 and 4.7 of the St. Cloud Zoning Ordinance. .
SECTION 4 - AMENDMENTS TO THE ENVIRONMENTALLY SENSITIVE AREAS
ORDI NANCE
4.1 Subject to the procedure as prescribed in the Zoning Ordinance, Article 28,
Administration and Enforcement, Section 5.2, Procedure, the Council may on its
own motion, or at the request of the Planning Commission or on the petition or
appeal of the affected property owner(s):
4.1-1 Remove land that has been designated on the maps if it is found that an
error was made in that said property fails to meet the criteria as outlined in
Article 4, Sections 3 and 4 of this Ordinance.
4.1-2 Add land to the maps if it is found that said land meets the criteria as
outlined in Article 4, Sections 3 and 4 of this Ordinance to be classified as
an environmentally sensitive area.
4.1-3 Change any of the regulations or requirements of this Ordinance by
amendment to this Ordinance.
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4.1-4 In the event that any land not previously inventoried is annexed to
the City after the effective date of this Ordinance, said land shall be
inventoried as soon as feasible for inclusion on the Environmentally
Sensitive Areas Maps, said inventory period not to exceed 9
months.
4.1-5 For purposes of a petition to change this Ordinance, map, etc., the
word "owner" shall be deemed to include any person having a
freehold interest or a contractual interest which may become a
freehold interest.
SECTION 5 - VIOLATION - PENAL OFFENSE
5.1 Upon a determinati.on that probable cause exists to indicate a violation of
any of the provisions of this Ordinance has been committed Dr shall exist,
the owner or lessee of the building or premises, or the owner or lessee of
any part of the building or premises constituting the violation shall be
served by certified mail, return receipt requested, with the appropriate
written order to remove the violation, and if necessary, to restore the site
to its status prior to the existence of the violation. If the violation continues
to exist ten (10) days from receipt of such written order, the owner or
lessee shall be guilty of a penal offense punishable upon conviction as a
misdemeanor.
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5.2
Upon conviction of a violation under the provisions of paragraph 5.1 of this
section, the continued violation of such provision shall constitute a
separate offense for each day such violation shall continue to exist.
SECTION 6 - INTERPRETATION
in interpreting and applying the provisions of this Ordinance, they shall be held to
be the minimum requirements for the promotion of public safety, health,
. convenience, comfort, prosperity and general welfare. It is not the intent of this
Ordinance to interfere with or abrogate or annul any easement, covenant, or
other agreement between parties; provided, however, that where this Ordinance
imposes a greater restriction upon the use of building or premises, the provisions
of this Ordinance shall govern.
SECTION 7 - SEVERABILITY
Should any section, clause or provision of this Ordinance be declared by a court
of competent jurisdiction to be invaiid, 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.
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ARTICLE 8 - DEFINfTIONS
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Biodiversity -The variety of life forms that inhabit the earth. Biodiversity includes a) the
number of different species of living things found in an area; b) the number of
different ecosystems found in an area.
Buffers - Located within an impact zone. Buffers are areas of secondary protection
established on a case-by-case basis for each environmentally sensitive area.
The width of a buffer is anticipated to vary around the perimeter of each
environmentally sensitive area.
Cluster development - A development design technique that concentrates buildings in
specific areas on a site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive areas.
Complex - Two or more environmentally sensitive areas adjacent to each other.
Concept Plan - A non-engineered plan for a property proposed for development. For
properties containing an Environmentally Sensitive Area, the Concept Plan is
more than a Sketch Plat since it must include enough detail to analyze the
proposed development and its relation to the environmentally sensitive areas
located on the property.
Corridors - Corridors are strips or blocks of land that form connections between two .
separated areas of similar habitat. These corridors allow plants and animals to
disperse and travel from one "island" of suitable habitat to another.
Equitable Economic Return - Return to landowner guaranteed by the takings clauses of
the Minnesota and United States Constitutions.
Exotic species - A species that is foreign or introduced into an area due to European
settlement.
Impact zones - Zones assigned around the perimeter of environmentally sensitive
areas.
The Environment and Development Team review process shall be initiated
whenever an activity that is regulated by this Ordinance is proposed to occur
within an ESA or its impact zone.
For purposes of this Ordinance impact zones shall extend the following distances
outward from the ESA.
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DNR Protected Waters, Riparian
Corridors, Rock Outcrops and Native Prairies
1 00 feet
Natural Heritage Sites, High Priority Natural
Resource Sites and all Wetlands
1 00 feet
Medium and Low Priority Natural
Resource Sites
50 feet
Native species - A species that existed in an area prior to European settlement.
Natural community - A group of native plants and animals that interact with each other
and their abiotic environment in ways not greatly altered by modern human
activity or by introduced organisms. They are classified and described by
considering vegetation, hydrology, landforms, soils, and natural disturbance
regimes (such as wildfires, windstorms, normal flood cycles and normal
infestation by native insects and microorganisms).
Natural Heritage Areas - Natural Heritage Areas, as designated in this Ordinance, are
those environmentally sensitive areas that have been identified by the MN-DNR's
Natural Heritage and Nongame Research Program and Minnesota County
Biological Survey as having not only local, but state-wide significance. These
areas are largely unaltered by modern human activity and have native vegetation
distributed in naturally-occurring patterns. Natural Heritage Areas are the few
remaining examples of native vegetative communities present prior to European
settlement. As such, they are of unusually high quality, may contain rare or
endangered species, and represent remnants of S1. Cloud's history and
heritage.
Natural Resource Areas - Natural Resource Areas, as designated in this ordinance,
possess and/or protect important natural resources. These areas may contain
rare species, important wildlife habitat and/or remnants of rare or uncommon
natural communities. They may protect groundwater, rivers, lakes, streams and
wetlands, or otherwise support natural resource functions. Natural Resource
Areas are designated as high, medium or low priority, based on the quality, rarity
and interconnectedness of the resources (Natural Areas Inventory and Planning
Framework, SEH, pp. A-2 to A-3).
High Priority Areas - Natural resource areas siightly disturbed by human
activity; in a complex (adjacent to another environmentally sensitive area
or areas); uncommon state-wide; very rare or unique locally.
Medium Priority Areas - Natural resource areas in a complex with
moderate to severe human disturbance or not in a complex with only slight
human disturbance. Although common statewide, many are experiencing
widespread threats and are of poor quality while others are more secure.
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Low Priority Areas - Natural resource areas with moderate to severe .
human disturbances: not part of a complex.
Open space - An area that is intended to provide light and air and is designed for either
environmental, scenic, or recreational purposes. Open space may include, but is
not limited to, lawns, walkways, active and passive recreation areas,
playgrounds, wooded areas and water courses. Open space shall not be deemed
to include driveways, parking lots, or other surfaces designed or intended for
vehicular travel.
Overburden - The loose soil, silt, sand, gravel, or other unconsolidated material
overlying bedrock, either transported or formed in place.
Rare species site - A documented historic location of a species that is listed on federal
or state iists for rare, threatened and endangered species.
Riparian corridors - The complex assemblages of organisms and their environment
existing adjacent to and near flowing water. Such corridors have two essential
characteristics: 1) laterally flowing water that rises and falls at least once within a
growing season; 2) a high degree of connectedness with other ecosystems. As
such, riparian corridors act as natural buffers between the flowing water and
adjacent land uses, l.e. agriculture, urban areas, etc.
Rock outcrop - Bare exposure of bedrock without soil cover and regardless of plant
association. These outcrops may indicate presence of sensitive soils, sensitive
hydrological features, sensitive geological features, and/or unique biotic
communities.
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Scientist - A person with a professional degree or training in one or more of the
following areas: Natural History, Ecology, Geology, Hydrology, Wildlife
Biology or Botany, and as set forth in Appendix D.
Sensitive geological areas - Any geologic feature easily modified or destroyed by
human activity. Examples include glacially-polished bedrock, open fractures and
residual clays. Sensitive geological features are areas included within
designated Natural Heritage and Natural Resource Areas.
Sensitive hydrological areas - A surface or groundwater feature where minor human
disturbances will change water movement, water level or water quality. Sensitive
hydrological features are areas included within designated Natural Heritage and
Natural Resource Areas.
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Sensitive soils - Soil where soil structure or function is easily lost with minor
disturbance. For example: thin soils underlain by shallow bedrock or a
high water table.
Sketch Plat - A sketch preparatory to the preliminary plat (or final plat in the case
of minor subdivisions) to enable the subdivider to save time and expense
in reaching general agreement with the Planning Commission as to the
form of the plat and the objectives of these regulations. All existing
buildings and site improvements must be shown on the sketch plat.
Steep slopes - Slopes that are unstable enough so that downslope movement is
likely. An unstable condition can occur because of a combination of
steepness, material, hydrologic conditions, and human disturbance.
Subdivision - Any land, vacant or improved, which is divided or proposed to be
divided into two (2) or more lots, parcels, sites, units, plots, tracts, or
interested for the purpose of offer, sale, lease, or development whether
immediate or future, either on the installment plan or upon any and all
other plans, terms, and conditions. Subdivision includes the division or
development of residential and nonresidential zoned land, whether by
deed, metes and bounds description, devise, intestacy, lease, map, plat or
other recorded instruments. Subdivision includes resubdivision.
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VViidlife corridor - Swath of habitat (land, water, air) through which
undomesticated organisms may move. Such corridors can be discrete
linear vegetated areas along rivers (riparian corridors) and fence lines
(hedge rows) or broad connected patches of vegetated land.
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THE APPENDICES IN THIS ORDINANCE ARE GUIDELINES AND RESOURCES.
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APPENDIX A - DESCRIPTION OF ENVIRONMENTALLY SENSiTIVE RESOURCES
AND RATIONALE FOR PROTECTION
All vegetative community types are defined in Minnesota's Native Vegetation - A ~<ey to
Natural Communities, MN-DNR, Natural Heritage Program. Transition vegetative
communities may appear in more than one category. (See Appendix 8 for best
management practices.)
(1) Native Prairies
For the purpose of this Ordinance, Central Minnesota remnant native
prairie communities include mesic (moist) oak savannah, xeric (dry) oak
savannah, mesic prairie, dry prairie, wet brush prairie, wet meadows, wet
prairies, and rock outcrops.
The protection of remnant prairie tracts is of vital importance to the City of
St. Cloud. In Minnesota, less than 1 % of the original prairie remains.
Undisturbed prairie is one of the rarest ecological community types.
Hundreds of grass and wildflower species comprise a native prairie. The
least disturbed prairies contain the most diverse plant and animal species.
Small unique remnant native prairies occur in and near the City of St.
Cloud. Many of these are rare and fragile. .
Prairies of all types are so rare that attempts to preserve them are recommended
for all sites. Areas of concern may be small prairie remnants on already partially
developed sites. All of the above should be managed as prairie and preserved
and enhanced if possible.
(2) Forests and Woodlands
For the purpose of this Ordinance, forest and woodland communities
include oak forest, lowland hardwood forest, floodplain forest, aspen
woodland, aspen forest, oak woodland, oak savannah and tamarack
swamp.
The protection of forests and woodlands is important to the City of St.
Cloud. These vegetative communities often occur on steep slopes,
unstable soils and poor soils where they stabilize the soil and prevent
erosion, control runoff and promote the percolation of rainwater. In
uplands and in lowlands, forests and woodlands aid in the control of
flooding, prevent sedimentation in and cool streams for fish reproduction,
decrease temperature and provide shade from solar radiation, provide
wind protection, improve air quality and provide habitat and food sources
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for numerous forest, woodland and savannah plant and animal species.
Large unfragmented tracts of forests and woodland are especially
important for interior forest species and for wildlife corridors.
(3) Sensitive Geological and Hydrogeological Features
Included in this category are rock outcrops, steep slopes, unstable and
sensitive soils, high groundwater table, etc.
Sensitive Geological Areas - Sensitive geological areas consist of
materials or structures that are easily modified by human activity, where
such modification may result in 1) a loss of scientific or historic
significance or value, or 2) an increase in environmental or geologic
hazards. Examples would include removal of covering material from
granite bedrock permitting easier contamination of ground water or use of
private sewage systems in areas where thin sediment lies above granite
bedrock.
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Sensitive Hydrological Areas - Sensitive hydrological areas include areas
where changes in land use which result in changes in the ratio of
infiltration to runoff can easily increase the amount or frequency of
flooding. Such flood intensification may occur near or at the site of the
landscape alteration or may affect the larger streams in the region,
inyluding the Sauk and Mississippi Rivers. Also included are areas where
ground water is easily contaminated or where changes in the water table
(the level of the top of the ground water) can cause side effects like
surface subsidence and damage to foundations or utilities.
Rock Outcrops - Rock outcrops in the inventory were rated solely on the
plant species invading their surfaces. As crucial for development and
planning purposes is their hydrogeological significance. Rock outcrops in
central Minnesota are visible "flags" that signal an underlying bedrock
system. In the 1990's, there was a growing awareness that fractures and
faults in the crystalline basement rocks have influenced erosion deposition
and fluid migration patterns in overlaying sediments and sedimentary
rocks. There are linkages between bedrock and overburden patterns.
These links are borne out by patterns in vegetation, human economic
development and human environmental impact. In addition, the geology
and topography influence current movement of surface and groundwater.
All these affect biotic communities. To help guide development and
stewardship, any property with outcrops should be carefully evaluated
hydrogealogically.
26
.
(4) Rare Species Sites
Rare species sites include State and Federally listed endangered,
threatened and rare species and species of special concern. Each
species contains its own unique genetic pool which can prove beneficial to
us in a number of ways. Over the past two centuries, loss of habitat has
become the single most important factor threatening the survival of
species. Because oak savannahs, prairies and prairie wetlands have
suffered the greatest alteration of all Minnesota habitats, their indigenous
species are under the greatest threat. The future of Minnesota's
endangered species depends upon adequate habitat preservation.
.
(5) Riparian Corridors (River and Stream Corridors)
Riparian corridors - Riparian corridors are vegetated zones (often
forested) along the edge of a river, river segment or stream. They include
floodplains, shorelands, and may include floodplain forest, lowland
hardwood forest, tamarack swamp, willow swamp, cattail marsh, mixed
emergent marsh, oak woodland and wet prairie. These zones act as
buffers that provide and help sustain resource values for the river or
stream. These values can be fit into one of four functional categories:
- water quality
- wildlife
- aesthetics and recreation
- flood control
.
How wide a riparian corridor should be will depend on the functional value
one is interested in conserving. As a general rule, the wider the buffer, the
better. However, this is often not practical due to social, economic and
political factors.
(6) Wetlands
For the purpose of this Ordinance, included in this category are: cattail
marsh, willow swamp, wet meadow, wet prairie, mixed emergent marsh,
tamarack swamp, floodplain forest and lowland hardwood rarest.
Wetlands are essential habitat for many fish and wildlife species. They
serve as storage areas for excess water during flooding. Wetlands act as
a filter for sediments and nutrients as water travels through them before
reaching lakes, rivers and streams. Wetlands also function as ground
water recharge areas. They are often used for pubiic recreation, and
some types have commercial value,
27
.
.
Wetland means land transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water (as defined by the Wetland
Conservation Act Rules Chapter 8420; 8420.0110 subpart 52).
Wetland Type means a wetland type classified according to
Wetlands of the United States, United States Fish and Wildlife
Service Circular 39 as summarized in 8420.0110 subpart 54.
Since wetlands within Minnesota are protected by the Wetland
Conservation Act (WCA), and Section 404 of the Clean Water ,A.ct,
development within those areas would have to follow WCA Rules
8420 as well as working within the confines of this Ordinance.
(7) Wildlife Corridors
This category includes riparian corridors, flightways, migration
routes, nursery and nesting habitats, roosting sites, other wildlife
habitat. Functions of such corridors include: 1) places where plants
and animals can live and reproduce; 2) places where animals can
move from one place to another in relative safety to find food,
water, or mates, either on a daily or seasonal basis.
.
Corridors for animals and plants are important for the following
reasons:
1) To avoid excessive inbreeding, small populations of a species in
one habitat island need to have some contact with a population
of the same species in another habitat island.
2) Species loss from a habitat island is less likely when that island
is connected to a similar habitat island, i.e. maintaining corridors
between areas of similar habitat helps sustain species diversity.
.
28
APPENDIX B - BEST IVlANAGEMENT PRACTICES
NATIVE PRAIRIES:
.
Prescribed burning at appropriate times. Rotational burning should occur at two
to ten year intervals, depending upon prairie type and condition. A healthier,
more diverse prairie and the protection of prairie animals results from burning
only a portion of a prairie each year. Fire promotes the growth of grasses and
reduces weeds and tree species. .A year of no burn promotes flowers and
provides overwintering for butterfly and insect larvae and pupae. Burning in
spring, after cool season exotics have grown and before warm season native
prairie species have emerged, promotes the native species. Late summer and
fall burning, after dormancy of prairie species, is more effective in controlling
brush. Burning regimes should vary over time so that tracts are eventually
burned at varying times of the year and varying intensities.
In conjunction with burning, or if burning is not suitable, the following measures may
be options:
Controlled (managed rotational) grazing at appropriate times. Overgrazing can
result in the loss of prairie species and diminish the quality of the prairie. Grazing
should begin mid to late June. Plants should not be grazed below six inches.
Rotational grazing allows for prairie flowers and seed production in non-grazed
areas.
lVlowing and removal of plant material at appropriate times (once a year).
lVlowing for haying (once in a year, every two to several years) should follow the
end of nesting time for ground nesting birds (about July 15) and allow flower and
seed production of prairie species in late summer and fall. To discourage cool
season exotic species and encourage warm season native species, mowing can
occur two times a year: spring, after cool season species have emerged, but
before warm season native species; and fall after dormancy of native species.
.
Removal of exotics (through cutting, spot treatments of herbicide, and stump cut
treatment with herbicide) to remove nuisance species such as Siberian Elm,
Buckthorn and Honeysuckle.
Removal of trees. Non-natives, such as Siberian Elm, have been mentioned.
Sometimes native trees, such as box elder, green ash, and aspen need to be
removed also. This can be done by cutting, girdling and cut stump treatment as
appropriate to species.
Physical disturbance of the soil should be avoided, including compaction due to
use by vehicles, heavy foot traffic, as well as plowing, cultivating, and scraping.
Maintain solar radiation during the growing season.
29
.
.
.
.
Maintain natural hydrology (zero change in runoff), especially for wet prairies and
meadows.
Enhancement by seeding or planting native species from local seed sources, if
appropriate.
Recommended buffers.
High priority sites should have no development. Recommended buffers foraH
prairie is 100 feet. Very little is known about the requirements of prairies and
prairie remnants to maintain viability and diversity of species.
The above was based on U.S. Department of Agriculture, Soil Conservation Service
Program Aids Numbers 1452, 1405, 1453 and 1410 (1988 and 1990), as well as
recommendations from Ellen Fuge, Natural Area Management Specialist from the MN-
DNR and Fred Bengtson, P.ssistant Area Wildlife Manager from the IVIN-DNR.
FORESTS AND WOODLANDS:
1. Forest or woodland tracts of 40 acres or more should be considered for forest
preserves (or reserves), particularly examples of high quality forest ecosystems or
rare forest communities. If different forest communities exist within the city, such as
oak forest, maple basswood forest, tamarack swamp, floodplain forest, a good
example (the best?) of each community type should be preserved.
2. Oak savannah tracts of 10 acres or more should be considered for oak savannah
preserves. Oak savannah is a very rare natural community.
3. Wooded floodplains, wooded streams corridors, wooded slopes, and wooded
environmentally fragile areas should be considered for preservation.
4. Trees that provide buffers, such as those separating housing from busy roads or
commercial areas, and trees aesthetically important to the community should be
considered for preservation.
5. Particularly large or historic trees should be considered for preservation.
6. Within smaller tracts of wooded areas being developed, measures to minimize tree
loss and woodland degradation should be considered. Guidelines might include:
a. Placing roads and structures so that the development does not fragment the
forest or woodland or sever connections to adjacent wooded or environmentally
sensitive areas. Development along the periphery is preferred.
b. Clustering development near the edge of a woodland or in existing clearings is
another possibility to maximize the amount of woodland, including native
30
understory, that is preserved as development takes place. Innovative site .
designs which accomplish this same goal should be encouraged.
c. Placing roads, driveways, the "footprintll of structures and construction activity,
etc., to minimize removal and death of the largest and most valuable trees. Both
size and species of trees need to be considered. Some native tree species are
more uncommon and/or more difficult to replace.
d. Requiring tree protection measures during construction. In general trees need to
be protected from compaction, taking away or piling of dirt, materials, etc., and
physical damage to bark or root systems. (See Appendix E, References,
regarding tl"8e protection during construction.)
e. In order to prevent the spread of oak wilt, avoiding construction activities
involving oak trees during those months when oak wilt is most likely to spread
(April through July).
f. Retaining natural "duff" (decaying vegetative matter) under trees and groups of
trees. The duff layer cools soil temperature, provides mulch, nutrients and
moisture to keep trees healthy.
g. Maintaining natural understory, including native shrub and herb layers. Native
vegetation harbors more plant and animal species diversity and might allow for
the natural regeneration of trees and related species and the sustainability of the
forest. .
h. Control of exotic species, especially buckthorn, should be encouraged.
l. Tree replacement with the same or similar species should be considered In
cases where trees of significant size or number must be removed.
The above was based on information from the MN-DNR Forestry Division and Natural
Heritage and Non-Game Research Program, the City of Burnsville (MN) Woodland
Protection Ordinance and consultations with Dennis Ludivig, City or St. Cloud Forester,
Tim Edgeton, Sherburne County Forester, and Jeff Haws, lV1N-DNR Forester.
RARE SPECIES:
Best Management Practices will vary with species. See appropriate management and
protection guidelines from appropriate state and rederal agencies including: MN-DNR
County Biological Survey data sheets and maps. Any development projects proposed
in the vicinity or a rare feature identified on the map should trigger an inquiry to lV1N-
DNR Natural Heritage Program.
31
.
.
.
.
RIP,L\RIAN CORRIDORS:
Plans for avoiding fragmentation of corridors need to be made prior to major alteration
of the vegetation on the property or land to be developed.
The following recommended widths have been identified: (Source: A Citizen's Guide to
Conservinq Riparian Forests: by Susan C. Peterson and Kenneth D. Kimball.)
1) To protect water quality - 25' to 100'
Within this range is an appropriate buffer footage to prevent erosion and
sedimentation run-off, provide streambank stability, assimilate pollutants, and
shade the stream adequately as a mechanism to control water temperature and
light levels.
2) To provide an adequate buffer needed by plants and wildlife - 100' to 600'
This width is quite variable as it accommodates numerous wildlife species and
plant communities.
Examples: - Most of the streamside flora occur within 100 feet of the water
interface zone.
- reptiles/amphibians - 100' to 200'
- small mammals - A' to 200'
- larger mammals and raptors - 0' to 400'
To adapt to wildlife needs, the following is worth considering: a "string and
beads" type of pattern. The "beads" are wider areas which represent unique
habitat or a special location, such as a bald eagle nesting site. The "string" is an
attempt to prevent fragmentation of the travel corridors used by various species.
These must be maintained in order for the corridor to remain viable.
3) To meet local aesthetic objectives - 25' to 800'
The corridor width varies with the vegetation type, degree of understory and
whether the management objective is visual or noise control. For rivers with
outstanding recreational resource values, corridor buffer widths of 500 feet to
one-quarter mile are recommended.
4) Flood control
Riparian forests within floodplains deserve special recognition. Floodplain
regulations are useful for preserving riparian corridors from development. But to
protect the riparian forest within the floodplain, one must also develop the
rationale for water quality and wildlife protection.
32
5) Waters designe'lted as DNR Protected Waters and designated as Trout Streams .
and their tributaries. (Source: DNR Division of Waters)
For all waters falling in this category, a minimum impact zone of 200 feet from the
ordinary high water level, as established by the DNR Division of Waters, is
recommended.Clearcutting is discouraged anywhere in this area. From 200
feet to 100 feet, selective cutting is the preferred harvest method.
ROCK OUTCROPS:
In order to steward the hydrological and geological functions provided here, an impact
zone of a least 100 feet (or a greater distance) from the outcrop is recommended. The
distance from the outcrop needs to provide a minimum of 10-12-15 feet of
unconsolidated material. On-site evaluation by the Environment and Development
Team can help identify the specifics for the outcrop in question.
The plant communities found on rock outcrop areas are often unique as they are
species specially adapted to survive under any of the following conditions: a) little soil
that may contain chemicals produced by the bedrock substrate; b) great fluctuations in
temperature; c) extreme droughts. in the S1. Cloud Natural Areas Inventory conducted
by SEH, the three rock outcrop communities identified in Stearns County (sites 104,
116, 118) and the one in Sherburne County (site 119) appear to be unique compared to
rock outcrop communities in other areas of the state. To steward these special plant
communities, fire is a recommended management tool. Planned periodic burns help
prevent invasion by various tree species from the adjacent landscape. Two species to
watch out for are eastern red cedar and red oak. Selective cutting of any invading tree
species is also an appropriate management tool.
.
The above was prepared in consultation with the Earth Sciences Pepartment, S1. Cloud
State University.
WETLAND PROTECTION STRATEGIES:
The following standards recommended for protecting wetlands were developed In
consultation with Stearns County Environmental Services Wetlands Specialists:
Delineation by a qualified wetland delineator be completed for the site and should
include proper documentation as described in Army Corps of Engineers Public
Notice 96-01078-SDE. This delineation should be completed and its accuracy
verified by the county and Army Corps of Engineers prior to the final plat
approval.
The wetland boundary should be surveyed and shown on the final plat. The
delineation report should be filed together with a Notice of Restriction so that
future buyers, through the abstract, are put on notice that their lot contains
jurisdictional wetlands.
33
.
.
.
.
Wetland boundaries and the implications of owning wetland areas should be
made clear to all individual homeowners. This could be accomplished through
subdivision agreements between the City of 81. Cloud and the owner/developer.
Within the wetland boundary, the following activities should be restricted:
Chemical applications (herbicides, pesticides, fertilizers).
\Nithin the wetland boundary, the following activities should be prohibited:
vegetative removal and cutting (except for exotic and invasive species), filling,
grading, drainage, deposition of soil, location of actual structures.
The Wetland Conservation Act deminimus exemption should not be allowed for
individual lot owners upon approval of the development.
in order for the above standards to be met, the following methods may be used:
Cluster development pattern; mix of housing types
Dedication of easements to protect wetlands
Modifications of project design to ensure continued water supply to the wetland
and free flow of water
Minimize soil compaction (compaction decreases infiltration and promotes run-
off)
Using buffers in conjunction with other structural and non-structural best
management practices as pretreatment when handling storm water discharge
with high flow rates or high concentrations
34
The MPC,L\'s best management practices should be followed to avoid
erosion and sedimentation during the construction phase. Buffer zones
should be protected by silt fencing during construction, and the fence
should remain in place until the vegetation is established. During the first
two years, the owner/developer should replant any buffer vegetation that
does not survive.
.
Creation or restoration of an area wetland
. Development of a plan to guide actions involving the creation of a new
wetland or the restoration of damaged or degraded wetlands
Factors to consider when determining the width of the vegetative buffer zone
adjacent to the protected wetland boundary:
Slope: as slope increases, width of the buffer increases.
The use of a meandering buffer strip to maintain a natural appearance is
encouraged but not required in areas of flat topography.
Depth to groundwater: as depth increases, buffer width can be reduced.
Soil type: as percolation rate increases, width of buffer can be reduced.
Type of vegetative cover, i.e. its ability to hold soil and slow run-off
Buffer width should not fall below 20 feet.
.
35
.
.
.
.
APPENDIX C - TOOLS FOR PROTECTION (Source: Natural Areas: Protectinq
a Vital Community Asset, A Sourcebook for Minnesota Local Governments and
Citizens, Laurie Allmann, Minnesota Department of Natural Resources, 1997.
TOOL
Perpetual Conservation Easement
A legally binding agreement between
a landowner and a qualifying
government agency or nonprofit
organization, in which the landowner
voluntarily agrees to specified terms
that permanently limit the use and
development of a given property for
the purpose of protecting
agricultural, open space, cultural, or
environmental values. The
easement may be sold by the
landowner, or donated (in which
case there may be significant income
tax benefits). An easement runs with
the land's title and is binding on all
future owners.
Locally-Enacted Preservation
Overlay Zone
Often referred to by different names,
a PreseNation Overlay Zone is a
geographic area demarcated within a
city, township, or county, the
boundaries of which are based on
concentrations of highly valued
natural features as' identified through
a planning process involving
extensive background studies. A
combination of conservation tools
may be utilized to protect natural
features within the zone, including
(but not limited to) acquisition of land
by a public agency, restrictions on
utilities and transportation
development, encouragement of
"best management practices" in use
of chemicals/pesticides, reduce
housing densities, and other land
use controls. Compliance may be
voluntary or mandatory.
APPLICABILITY FOR LOCAL
GOVERNMENTS
.. To provide a greater degree of
protection for high quality natural
features found within existing parks
and on other public lands.
..To establish development buffers
on and around the perimeter of
environmentally sensitive sites.
co T 0 promote volunteer landowner
conservation measures while
keeping land in private ownership
and on the tax rolls.
Ii T 0 ensure permanent protection of
required open space in subdivisions
and other developments.
..Preservation Overlay Zones are
appropriate for communities that
retain quality natural features such
as undeveloped watersheds, forest
or other native plant communities,
or geographic features, such as
bluffs, that occur over areas of
divided ownership.
. The process of identifying and
ranking natural features to
determine reasonable boundaries
for the zone will require the services
of professional ecologists as part of
the planning process. Ecologists
should also be consulted as to the
determination of appropriate
controls to effectively minimize
threats to the integrity of natural
features within the zone.
36
RESOURCES AND
REFEREI\JCES
.The Minnesota Land Trust (ML T)
is a private, nonprofit organization
that specializes in establishing
conservation easements with
willing public and private
landowners. Contact ML T at
(612) 522-3743.
..Easements were used in
conjunction with protection of a
city-owned natural area known at
"Coon Hill" in Red Wing, MN.
Contact Brian Peterson,
Community Development Director
at (612) 385-3617.
CI The DNR Local Grants Program
(described under Outright
Purchase) also funds perpetual
easements.
..Lake Elmo, MN has established
an open space/agricultural
preservation and development
overlay district that includes
environmental analysis among its
parameters. For more
information, contact Ann Terwedo,
City Planner at (612) 777-5510.
."Conservation Corridors" have
been incorporated into numerous
county and city planning efforts in
Wisconsin. For more information,
contact Jay Tappen, Senior
Planner, West Central WI
Regional Planning Commission at
(715) 836-2918.
Transfer of Development Rights
(TDR)
In the TOR program, two zones are
established in a given geographic
area, a "sending" (preservation)
zone and a "receiving" zone.
Landowners with property in the
sending zone may sell their (unused)
development rights on the open
market to land developers and
brokers, who then use the
purchased rights to increase their
allowable building density in the
receiving zone.
Purchase of Development Rights
(PDR)
A POR program typically involves
the purchase of development rights
by a local government unit or
nonprofit organization in order to
accomplish protection of natural
features, open space, or agricultural
values. PDR programs are
generally applied as part of a formal
program with specific criteria used to
select acquisitions. A POR program
may be viewed as a systematic use
of conservation easements.
Registry Programs
Registry programs are a way to
acknowledge and encourage the
voluntary protection of natural
features by private citizens.
Landowners make a non-binding
agreement to protect their land by
enrolling in a registry. In turn, they
are provided with information and
technical assistance regarding
appropriate conservation practices
for their particular site.
It To work effectively, TOR programs
require: (1) a high demand for
housing or other development in the
receiving zone, (2) capability of the
administering government unit to set
up and oversee the program on an
ongoing basis, (3) residents in
receiving zone amenable to higher
density.
-Appropriate for large-scale efforts
where keeping land in private
ownership is considered desirable.
ePDR programs require: (1) the
capability of the administering
government unit to set up and
oversee the program on an ongoing
basis, (2) a funding mechanism to
finance the acquisition of
development rights. A PDR program
mayor may not be set up to require
willing participation of the seller.
Willing participation of the seller is
considered preferable, in that it
makes the program more effective.
-Appropriate for large-scale efforts
where keeping land in private
ownership is considered
-Local governments may either start
their own registry program (if they
have qualified natural resource staff)
or may instead educate citizens
about the availability of registry
programs offered by other
government agencies or private,
nonprofit conservation organizations.
37
-Although now used in Maryland
and a number of other states,
Minnesota state statues, as
generally interpreted, do not allow
for TDR programs - a situation
that may be shortly remedied.
For an update on the status and
availability of TDR programs in
Minnesota, contact The Land
Stewardship Project at
(612) 653-0618.
..The Land Stewardship Project
(LSP) is spearheading a
conservation project in the east
Metro area and is involved in the
use and development of tools
including PDR. For more
information, contact LSP at (612)
653-0618.
..The MN Chapter of The Nature
Conservancy administers a
registry program. Contact Usa
Mueller, Land Protection
Specialist at (612) 331-0733.
-"Friends of the Minnesota Valley"
administers a Heritage Registry
for landowners in the Lower
Minnesota River Valley.
.
.
.
.
Special Designation fiSpecial designation may increase ..If a naturc;ll area has historic or
High quality natural areas may legal protection and potential for cultural significance, call the State
qualify for special designation under financial support for acquisition and Historic Preservation Office at
a state or federal program, such as management of selected sites. (612) 296-5434.
the National Register of Historic ..With sites appropriate for special .. T 0 find out whether a natural
Places or the state Scientific Natural designation, an outside agency may area might qualify for designation
Areas Program, administered by the be interested in acquiring the as a state Scientific and Natural
Department of Natural Resources. property and managing it for Area, call (612)297-2357.
Special designation generally protection of its natural features.
requires public access to land. This allows the local community to
benefit from protection of a site
without being obligated for the cost
of acquisition or management.
.Appropriate options only for natural
areas with features of state/national
significance.
Outright Purchase ..Outright purchase by a unit of ..Washington County, MN used a
Also known as "fee simple government requires: (1) the lease-purchase arrangement to
acquisition," the outright purchase of determination that the land serves a finance an acquisition of park land
land gives a local government unit public purpose. Natural areas can in the S1. Croix Valley. For more
full control over all rights to a be said to serve public purposes information, contact Dave
property. Local governments may (e.g. flood control, enhancement of Engstrom, County Commissioner
choose to exercise the power of air and water quality) even when at (612) 430-6215.
eminent domain or to operate under public access to a site is not .. The Minnesota Department of
a "willing seller" policy for acquisition feasible, desirable, or practical, (2) Natural Resources administers a
of natural areas. provision of necessary funding to matching grant program to assist
finance the purchase. Acquisition local governments with
may be financed through general acquisition of natural and scenic
revenue funds, bond referenda, areas. For more information
lend-lease programs, special about the Natural and Scenic
taxation, government grants, trust Area Grant Program, contact Tom
funds, and matching programs. Kranz, Local Grants Program at
Cost of acquisition may be reduced (612) 297-3168.
by use of "bargain sale," in which the .. The Trust for Public Land (TPL)
seller agrees to sell at below market is a nonprofit land conservation
value (the difference is recognized organization that applies its
by the IRS as a charitable expertise in negotiation, public
contribution for the seller's income finance, and law to help local
tax purposes), (3) financial and governments acquire public open
staffing resources to provide for site space. For more information,
management and maintenance. contact TPL at (612) 338-8494.
38
APPENDIX D - QUALIFICATIONS OF SCIENTIFiC MEMBERS
To serve as a scientific member for the Environment and Development Team,
one or more of the following qualifications must be satisfied:
.
- Professional degree in one of these areas: Hydrology, geology, botany,
wildlife biology, ecology, or natural history
- Documented training in the area of natural resources with demonstrated
field experience
- Knowledgeable and trained in applying methodologies associated with
stewarding natural communities
.
39
.
.
.
.
APPENDIX E - REFERENCES
AlImann, Laurie. Land Protection Options: A Handbook for Minnesota Landowners.
The Nature Conservancy, Minneapolis, MN, 1996.
AlImann, Laurie. Natural Areas: Protectinq a Vital Community Asset: A Sourcebook for
Minnesota Local Governments and Citizens. Natural Heritage and Nongame
Research Program, Minnesota Department of Natural Resources, S1. Paul, 1997.
Bates, Robert and J. Jackson. Glossarv of Geolooy, 3rd Edition. American Geological
Institute, 1987.
Bolin, Eric G. and William L. Robinson. Wildlife Ecoloqy and Manaqemen1. Prentice
Hall, Englewood Cliffs, New Jersey 07632, pp. 461-462, 1995.
Coffin, Elarbara and Lee Pfannmuller (eds.). Minnesota's Endanoered Flora and Fauna.
Minnesota Department of Natural Resources, University of Minnesota Press,
Minneapolis, 1988.
Fargo, J.R., ed. "How to Save Trees During Construction." Tree City USA Bulletin #7,
The National Arbor Day Foundation, Nebraska City, Nebraska, 1989.
Green, Janet C. Birds and Forests: A Manaaement and Conservation Guide.
Minnesota Department of Natural Resources, 1995.
Miller, Nancy L., David M. Rathke and Gary R. Johnson. "Protecting Trees from
Construction Damage: A Homeowner's Guide." Minnesota Extension Service,
University of Minnesota, S1. Paul, Minnesota, 1993.
Minnesota Department of Natural Resources, Natural Heritage Program, Minnesota's
Native Veaetation: A Kev to Natural Communities, 1991, 1993.
Peterson, Susan C. and Kenneth D. Kimball. A Citizen's Guide to Conservinq Riparian
Forests: ldentifvinq and Protectinq the Value of Riverside Forests in the
Northeastern United States. River Network, Box 8787, Portland, Oregon 97207-
8787, 1995.
Short Eliiott Hendrickson, Inc. S1. Cloud Natural Areas Inventory and Planninq
Framework, 1996.
Weicherding, Patrick J. "Protecting Shade Trees from Construction Damage."
Minnesota Tree Line No. 21-1978. Agricultural Extension Service, University of
Minnesota, 1978.
40
Wovcha, Daniel, Barbara C. Delaney and Gerda E. Nordquist. Minnesota's St.
Croix River Vallev and Anoka Sandolain: A Guide to Native Habitats.
Minnesota Department of Natural Resources, University of Minnesota Press,
Minneapolis, 1995.
.
.
41
.
.
APPENDIX F - RESOURCES
& The St. Cloud Natural Areas Inventory, completed by Short, Elliott and
Hendrickson, Inc. (SEH) in March 1996.
",Map developed from the St. Cloud Natural Areas Inventory Report, showing the
location of high, medium and low priority natural areas and rare species sites
(1996).
c The U.S. Fish and Wildlife Service's t\lational Wetlands Inventory (1982).
..Minnesota County Biological Survey (Department of Natural Resources)
information for Sherburne County (1989-1990), and Benton and Stearns
Counties (1995-1997). Data available through the Natural Heritage Information
System, t\latural Heritage and Nongame Research Program, Minnesota DNR,
S1. Paul.
..The Minnesota Geological Survey Geologic Atlas (1995).
.The Report on the Geology of the Neighborhood around Quarry Park (1994).
..The USDA Soil Survey.
.
eA Citizen's Guide to Conserving Riparian Forests.
.Floodplains, Shoreland, and Scenic River Ordinances.
.Aerial photos of the S1. Cloud area.
ClSCSU Earth Science Dep1. work on Sensitive Geological and Hydrological
Areas.
..USGS topographic maps.
.Field notes of scientists who conducted the S1. Cloud Natural Areas Inventory
and Planning Framework.
.
42
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AMENDMENT TO ORDINANCE 51
REGARDING BUILDING ORDINANCE
The Council of the City of St. Joseph hereby ordains that Ordinance 51 shall be amended as
follows: .
Section 51.06: BUILDING NUMBERS AND KEY BOXES,
~il!J:.?1L.l-,_J3uil9jD.gJ.';;!!91bers.:!iI,!jJ.QilJ.gllIJI.Jlll~D:i,Jlre i1J.1P-9..llim.UJ.l....P..!1LYiill;QgJ2!JJ;2.\i~_fiafg,ty .- - - - -[ Formatted: Indent: First line: 0.5" ]
services as well as mail and other deliveries ot the affected buildin2:s.
a)
Placement and Specifications. The owner, lessor or occupant of every
indust1iaL commercial or other buildin&, in the City shall have a proper
Qpildj.ng..!lumper_9..!1Jb..e building either b'{ affixing to the Quildi.MJhe
numbers in metal. glass, plastic or any other durable matelial. The
numbers shall not be less than four (4") in height in a contrasting: color to
the base. Its; numbers shall either be 1 ighted oLmade of some reflectiYe
material and so placed to be easily seen from the street.
b) Ma.intenance.. The occupant of the primary structure shan be responsible
for keeping the address numbers in 2:ood repair and clear of snow, dirt.
ill:'J;n'is mill oth.~.r obs\.!:.\!f.tio..!132-,. .
c) Enforcement The City may withhold all icty licenses, applications. and
nermits from owners or occupants of primary structures if the address is
not placed or maintained in confonnance with this Ordinance.
d) Penalty. Any nerson violating or failinQ to complv with this Ordinacne
shall be guilty of a petty misdemeanor.
Stibd.2, Key Boxes. Where property is protected by an automatic alarm system. a
. protected access to Of within a structure. Of access to an area on that property is unduly difficult
because of sectiredooenings and where immediate access is necessarv for public safetv. life
saying:. or firefightinQ purposes. the fire chief may require a key box to be installed in an
.?.12P..r9...Y~JL)Q~il1ipn._J'hgJ{ev box shall be of the tyuQe apUTOyegJ2,v the fire 4\e.pamNnt a..!1d shall
be the expense of the landowner.
a) Contents, The key box shall contain:
.- .. - . - Formatted: Indent: Left: i ",
Hanging: 0.5"
1. Keys to lock points of ingress whether on the interior or exterior of ~ - ..' Formatted: Indent: Left: 1.5",
such buildings. Hanging: 0.5"
2. Keys to lock mechanical e.illli.n.ment rooms..
3. Keys to locked electrical rooms.
4. Kevs to elevator controls.
i,.._....__K~.Yb'_1.Q..9Jber 1!L<;:l!,'Ll:!t:...iliI~1.ced bY.JD5:;_flrJ<...f.hief..
6. It shall be the responsible of the business owner to maintain a
current key in the key box at aJltimes.
12L
Waiver. Thl:2 owner of everv Quildinggf eY;;1)'J2IQReltv dyfined by
Section 56.06. Subd. 1 shaH either assure that a key box is installed and
maintained in an approved location by the Fire Chief for the City of St.
Jos(:'1211 0l:..shallPIo\!i4~ th~ St. JOr,;~Jl.Citv A<il!lini1?JIatQ[..1LY{rill~n lc;ttc[
dated and delivered betvveen December I and December 29 of each veal'
indicating that they have not installed a key box pursuant to this Ordinance
and that in the event of an" response bv the City or its representatives.
they shall waive any claim for dama[?:es or trespass.
c) Penalties. If the key box is not installed and a waiver is not received. the
land owner shall be subiect to a petty misdemeanor followim: failure to
eith~instqJ.!Jll~15~y12ox or m1?yig~tht....Citywi1h..1l wIitt.!e.l1 will.Y..~IJ!f1~r
ten nO) days written notice. A second offense within the same calendar
varshall be punishable as a misdemeanor.
;;ection51.QJ.: COMP~ETION: DATE: Witl1 n:spect toanyconstruction,al!erations,.
remodeling or other work for which a permit is required hereunder, the proposed work for which
a permit is issued shall be completed in its entirety within one year after issuance of the building
permit. If in one year after making application for a building permit, the work is not completed,
the applicant may request the Planning Commission to grant an extension for up to one year in
length. In the event of a violation of this provision, in addition to other remedies provided
herein, the City may proceed to fully or partially complete the permitted work, or remedy any
unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent
per annum against the property in question.
Section 51.0.a:WITHHQLDINGQFPERMIl'S:1'he City of St. Joseph shall withhol~
building permits from any contractor, property owner or other applicant who has any pending
violations with respect to the building code as adopted by the City of St. Joseph, any developer's
agreements to which the City of St Joseph is a party, or other violation ofthe Code of
Ordinances of the City of St Joseph. The City shall also withhold building permits from any
applicant who has had 3 or more violations of the building code, St Joseph Ordinances, or of a
developer's agreement with the City of St Joseph within one year of the application for the
building permit. Permits shall be withheld until all violations are remedied or for a period not to
exceed one year in the event of 3 or more violations within one year.
Section 51.02,; .CONST.f{UCTIQl'-Tl'IMES.. c:;onstruction acti"itieswhichresultinnoise
audible on property other than that on which the activities are occurring shall be prohibited
between the hours of7:00 p.m. and 7:00 a.m.
.
Formatted: Indent: Left: 1",
Hanging: 0.5"
. -( Deleted: '1
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Section 51.lli PENAl:- T~S/~~OR,C:;~J\1EN'T. A:r!Y person who vio~atesal1Y of t~e ..
provisions of this ordinance is guilty of a misdemeanor. The City Building lnspector shall be the
enforcement officer of this ordinance.
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\CITY\STJOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
f Deleted: 09 J
'..--..--..-'--------.----------.---
. MEMO
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TO:
Judy Weyrens
FROM:
Tom Jovanovich
RE:
Changes to Zoning Ordinance
OUR FILE NO.:
25077
DATE:
August 21, 2006
A request was made to place a limitation on the amount of impervious surfaces on a number of
the zoning districts in the Zoning Ordinance. Impervious surfaces are defined in the Zoning
Ordinance. Impervious surface is defined as "an artificial or natural surface through which
water, air or roots cannot penetrate. This is a definition used in many zoning ordinances.
Parking lots and parking spaces are also defined in the Zoning Ordinance. Parking lot does not
have any requirement for the surface. Parking space states that it must be a "durably surfaced
area enclosed in the main building, in an accessory building or unclosed, comprising an area of
not lessthan 171 square feet." We may want to better define the surface of parking spaces.
Cynthia Smith-Strack was to provide me with a definition. I do not have one as of this date, but
is should not be hard to add.
Changes have been made limiting the amount of impervious surface in the R-1, R-2, R-3 and L1
Districts. Impervious surface is limited to 50% of the total lot area in R-2, R..:2, and R-3.
Impervious surface includes all structures, parking spaces and driveway connecting the parking
space with a street or alley. Impervious surface is limited to 80% of the lot area in L1.
The side yard setbacks for corner lots have been changed from 30 ft. x 20 ft. to 30 ft. x 30 ft. in
both the R-1and R-2 Districts.
My notes also reflect a change for the Zoning Ordinance with respect to pools and fences. It
indicates that Ron Wasmund will send some changes. I have not discussed this with him,
however, I have made no changes since I have received no changes from him.
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-l SINGLE FAMILY RESIDENCE DISTRICT
The Council of the City ofSt. Joseph hereby ordains that Ordinance 52.27, Subd. 7 and Subd. 9
are amended as follows:
Section 52.27: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 7: Setback Requirements.
b)
Side yard setbacks shall be ten (10) feet from the property line for the main
structure and any garage or accessory structure. Where the side yard abuts a
public right of way, the side yard setback shall be thiJiv OilL,t"eet fr.Clm.thema!!! '" m
structure and any garage or accessory structure.
Subd. 9: Site Coverage.
.
{Deleted: twenty (2~'---J
&--)'Io ~~11lctur~oor com.binatiCln otstlllc~lJres shag o.c:c:upy mClr~ tpa!1300/0of !he.lo.t 0- - . - - Formatted: Indent: Left: 0.5",
area. .. 00 Hanging: 0.5"
o. fD;iet;d~" .. l
hL.....-1mp_ervig.Y.li..~JJ.r.t"lfQu1:mlLnpt exc~Q.<i5..Q.Y.Q...qf.1h.Q.l ot .ill.:.r;;i1JlTIPSIyi 011<; sUlf~ces.
shall include all structures. parking spaces and drivewav connecting the parking
space with a street or alley.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CIT\,\STJOE\200G
52.27-1
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AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-2 TWO FAMILY RESIDENCE DISTRICT
The Council ofthe City of St. Joseph hereby ordains that Ordinance 52.28, Subd. 6 and Subd. 8
are amended as follows:
Section 52.28: R-l SINGLE FAMILY RESIDENCE DISTRICT
Subd.6: Setback Requirements.
b)
Side yard setbacks shall be ten (10) feet from the main structure and five (5) feet
from garage or accessory building. Where the side yard abuts a public right of
way, the side yard setback shall be .tbil1Y.1.lQljeetfron:1th~_maifl ~~ru~~ur_e_m~d 11l1Y -.-
garage or accessory structure.
Subd. 8: Site Coverage.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYISTJOE\2006
52.27-1
J
{ Del~ted: twenty (20)
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-3 MULTIPLE FAMILY RESIDENCE DISTRICT
.
The Council of the City of St. Joseph hereby ordains that Ordinance 52.29, Subd. 5 is amended
as follows:
Section 52.29: R-3 MULTIPLE F AMIL Y RESIDENCE DISTRICT
Subd. 5: Lot Area Requirements.
a) Minimum lot area shall be 12,000 square feet.
b) For the basis of computing the number of permitted units within a multiple
residence, the following shall apply:
1. Efficiency unit for each 2,000 square feet oflot area; and
2. One 1 bedroom unit for each 3,000 square feet oflot area; and
3. One 2 bedroom unit for each 3,500 square feet oflot area; and
4. One 3 bedroom unit for each 4,000 square feet oflot area;
5.
For each additional bedroom (over 3) per unit, an additional 500 square
feet of lot area;
.
6. Lot depths of greater than 150% of the average lot width shall be used in
computing the maximum number of units.
7. On-site manager unit - shall be based on the same square footage
requirements as stated above.
c) Multiple family dwellings shall not occupy more than 35% of the lot including
accessory buildings.
d) Each lot shall have a minimum width of 150 feet at the building setback line.
e) Each lot shall have a minimum width of80 feet at the public right-of-way.
f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures. parking spaces and drivewav connecting the parking
space with a street or allev.
.
.
.
.
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\CITY\STJOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING LI-LIGHT INDUSTRIAL DISTRICT
The Council of the City ofSt. Joseph hereby ordains that Ordinance 52.34, Subd. 5 is amended
as follows:
Section 52.34: LI-LIGHT INDUSTRIAL DISTRICT
Subd.5: Lot Area Requirements.
~inip.1u.ll1Lot ?ize,: One(IJacre.( 43,560 ~quare feet),,IvIip.imurnlgt wicith one. ,,'
hundred (100) feet.
b) Impervious surfaces shall not exceed 80% oftte lot area. Impervious surfaces
shall include all structures. parking spaces and dliveway connecting the parking
!'i.];)ace with a street OT alk;y,
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYISTJOE\2006
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