HomeMy WebLinkAbout02.13.23CITY OF ST. JOSEPH
www.cityofstjoseph.com
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342
St. Joseph Planning Commission
Monday, February 13th, 2023
6:00 PM
St. Joseph Council Chambers
75 Callaway St E
**The meeting will also be available through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Public Comment
4.Agenda Review and Adoption
5.Approve Minutes – November 14th, 2022 (No Dec or Jan meetings)
6.New Business
a.2023 Chair and Vice Chair nomination
b.Joint Planning Board nomination
c.Public Hearing #1 – Vacating easements within Outlot E of Northland Business Center
plat
d.Public Hearing #2 – Vacating easements within lot 003, block 003 of Northland Business
Center plat
e.Public Hearing #3 – Vacating interior easements within lot 004, block 003 of Northland
Business Center plat
f.Public Hearing #4 – Vacating interior easements within lot 001, block 001 of Northland
Business Center Second Addition plat
g.Public Hearing #5 – Preliminary Plat of Northland Business Center Third Addition
Final Plat of Northland Business Center Third Addition
h.Outdoor wood boiler’s
7.Old Business
8.Other Business
9.Adjourn ZOOM INFORMATION
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1111
November 14, 2022
Page 1 of 2
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met
On Monday, November 14th, 2022 at 6:00 PM. in the St. Joseph City Hall opening with the Pledge of
Allegiance.
Planning Commission Members Present: Commissioners Mike Osterman, Keith Louwagie, Bob Loso,
Anne Jarrell, Carmie Mick, Adam Scepaniak
Absent: Gina Dullinger
Staff Present: Nate Keller, Community Development Director
Approval of the Agenda: Loso made a motion to approve the agenda. The motion was seconded by
Scepaniak and passed unanimously by those present.
Others in attendance: Mayor Rick Schultz
Schultz addressed the Commission and congratulated Scepaniak on his recent election win as a City
Council Member and noted to the Commission there are term updates and new appointees that will take
place in 2023.
Approval of the Minutes: Loso made a motion to approve the minutes of October 10th, 2022; the
motion was seconded by Scepaniak and passed unanimously by those present.
New Business:
a. Public Hearing – Ordinance Amendment Request – Gyms/Indoor Athletic Facilities in I-1 District
Keller informed the Commission that an ordinance amendment request has been made to allow
Gyms/Athletic Facilities within I-1 Light Industrial District. Staff has worked with the applicant on this
request and directed applicant to apply for a Zoning Ordinance amendment based on discussion of
proposed use. Staff believes the amendment will be a good fit in the short- and long term. It is common to
see the proposed use within Industrial Zoned property. Keller noted our comprehensive plan has a goal
that focuses on reviewing land use and zoning standards to make sure they are relevant, and this helps fit
that need by creating flexibility for new opportunities like this in our Industrial area.
Mick opened the public hearing at 6:07 PM.
Amy Rodine, 1305 Mockingbird Loop, Sartell, MN 56377, spoke regarding her request. Amy and her
husband currently have a gym in Waite Park, MN that has been in business for 15 years. They would like
to relocate the business to St. Joseph.
Mick closed the public hearing at 6:08 PM, as no one else wished to speak.
Loso motioned to approve proposed Zoning Ordinance amendment #2022-TBD; seconded by
Louwagie and passed unanimously.
Old Business:
a. Cannabis and Zoning
Keller summed up the discussion had at the October 10th PC meeting. Previously the Commission
recommended allowing the sale of cannabinoid products in the B-1 and B-2 district . A buffer was
recommended at 500’ from other establishments and a 1,000’ radius from schools and public parks.
Keller shared a change in revised drafted language tied to the licensing and sale of THC products, the
elimination of “youth-oriented facility” and different buffer references in the document. Staff is looking for
direction from the Commission on buffer zones, whether retail establishments that sell cannabinoid
products along with other products be treated differently than a business who focuses solely on the sale
of cannabinoid products and zoning regulations.
The Commission discussed the previously talked about buffer zones and would like to consider removing
the buffer completely or reduce previously recommended buffer zones so more businesses could
2222
November 14, 2022
Page 2 of 2
potentially be in the downtown commercial district. The Commission discussed having a buffer zone tied
to a business that solely sells cannabinoid products (like a dispensary) vs. a business that sells products
other than cannabinoids. Currently the City would not allow a dispensary as it is not listed as an allowable
use in the zoning ordinance. If the City chooses to forgo adopting license regulations businesses would
follow state law with regards to selling cannabinoid products. Administration plans on adopting licensing
regulations similar to our alcohol and tobacco licensing.
A couple of options the commission has are to not adopt zoning regulations and wait until a business
comes forward with a dispensary request or insert a dispensary use and create buffers and zoning
regulations proactively. Staff will look at other potential buffers or lesser distances for a dispensary use.
The Commission came to a consensus on having businesses who sell cannabinoid products (in addition
to other products) go through the licensing and regulation process and leaving the zoning piece for future
discussions. Staying silent on a dispensary use within the Zoning code means the use is not allowed and
applicants would need to put forth a zoning amendment request.
Other Business:
a.2023 Planning Commission Schedule
There are no changes on the proposed time and day of month the Planning Commission meeting will be
held. All meetings will occur on the 2nd Monday of the month at 6 PM.
Louwagie made a motion to approve 2023 Planning Commission Schedule; seconded by
Scepaniak and passed unanimously.
Adjourn: Louwagie made a motion to adjourn the meeting at 6:39 PM; seconded by Loso and
passed unanimously.
Minutes approved by:
Nate Keller
Community Development Director
3333
Planning Commission Agenda Item 06a and 06b
MEETING DATE: Feb. 13th, 2013
AGENDA ITEM: 06a. Chair and Vice Chair nomination
06b. Joint Planning Board nomination
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Recommend Chair and Vice Chair and one member to the Joint
Planning Board
PREVIOUS PLANNING COMMISSION ACTION: Appointments are made annually
BACKGROUND INFORMATION:
06a - Every year Planning Commission nominates one Chair and a Vice Chair. The Chair conducts the
meetings and Vice Chair conducts when Chair is absent.
06b - The Joint Planning Board meets as needed (2nd Tues of month at 7PM) and consists of four
Township members and four city members. The current city members are:
•Bob Loso
•Mike Ostermann
•Carmie Mick
Therefore, staff requests the Planning Commission nominate one more member to serve on the Joint
Planning Board.
ATTACHMENTS: None
REQUESTED PLANNING COMMISSION ACTION:
06a – Motion to nominate a Chair and Vice Chair
06b – Motion to nominate one Commission member to serve on the Joint Planning Board
444
Planning Commission Agenda Item 6b-f
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
February 13th, 2023
6b) Public Hearing #1 – Vacating easements within Outlot E of
Northland Business Center plat
6c) Public Hearing #2 – Vacating easements within lot 003, block 003 of
Northland Business Center plat
6d) Public Hearing #3 – Vacating interior easements within lot 004,
block 003 of Northland Business Center plat
6e) Public Hearing #4 – Vacating interior easements within lot 001,
block 001 of Northland Business Center Second Addition plat
6f) Public Hearing #5 – Preliminary Plat of Northland Business Center
Third Addition + Final Plat (Final Plat not subject to Public Hearing)
Nate Keller, Community Development Director
STAFF RECOMMENDATION: Approve vacation of easements (all) along with Preliminary and Final
plat
PREVIOUS PLANNING COMMISSION ACTION: The subject lots were approved as part of a
previous plat for Northland Business Center in 2019 and Northland Business Center Second addition in
2021 (which was part of the Trobec’s re-plat).
BACKGROUND INFORMATION:
Vacation, Preliminary and Final Plat Request
Applicant Information: Kevin Cox and Cory Ehlert CLC Partners
Existing Zoning: LI Light Industrial District
Future Land Use: Light Industrial
Location: East of 21st Ave NE and West of future 24th Ave NE
Civil: Engineering comments are pending
Access: The site is proposed to have access off of 21st Ave Ne and Jasmine Lane
WCA/Wetlands: No wetlands exist within the parcel
Overall Plat Information:
Lot 1, Block 1 687,036 S.F. (15.77 acres)
Drainage and Utility Easements:
Site has existing easements of 12’ and 6’ around the perimeter of the lots. There is also an existing
20’storm sewer easement running through portions of the lot (through the former Outlot E)
4555
Vacation of Easements Request
Proposed as part of this plat is to vacate interior easements previously dedicated within the original plat of
Northland Business Center and Northland Business Center Second Addition. Proposed easements to be
vacated are shown below:
Plat request
The proposed plat (Northland Business Center Third Addition) will consolidate four lots into one lot. The
plat is required due to one of the lots being an Outlot. Outlots are unbuildable unless they are platted. The
request requires a Preliminary and Final plat.
Developers’ agreement
The city’s Subdivision standards require a Developers Agreement (DA) for any Final plat (per Ordinance
540 Subd. 14 Section B)
The drafted DA is included in packets.
Of particular note is the timing of 24th Ave NE.
During the original Plating of the entire Industrial Park the DA stated that the timing of 24th Ave NE shall
occur when the property develops. This language indicates that once the Outlots are final platted and
turned into developable land the road shall be extended to service these lots and paid for by developer. A
copy of the original DA is below:
5666
One item that has morphed since the original plat is the intent of Outlot E.
Previously and as part of the original DA the access for Outlot E was to be 24th Ave NE and Jasmine
Lane (along with other lots that front 24th Ave NE).
The proposed Plat now shows the consolidation of 4 lots including Outlot E.
Access to the new lot (including all utilities) can be provided by 21st Ave NE and Jasmine Lane therefore,
the need to access 24th is not needed at time of platting.
The city however still recognizes the future need for 24th Ave NE. Therefore, staff and attorney are
working through language within the DA tied to future assessments of 24th Ave NE. Staff may have an
updated D.A. with this language at time of meeting.
ATTACHMENTS: Vacation of easements exhibit
Vacation resolutions for easements
Preliminary Plat
Preliminary Plat application
Preliminary + Final Plat resolution
Final plat
Final Plat Applications
Developers Agreement
REQUESTED PLANNING COMMISSION ACTION:
Motion 1: Open and close each of the separate Public Hearings (5 in total)
Motion 2: Recommend action on the resolution PC001-2023 to vacate interior easements within
Northland Business Center
Motion 3: Recommend action on the resolution PC002-2023 to vacate interior easements within
Northland Business Center Second Addition
Motion 4: Recommend action on the Preliminary and Final Plat resolution PC003-2023 for Northland
Business Center Third Addition
6777
7888
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SOUTH QUARTER CORNER
SEC. 2, TWP. 124, RNG 29
NORTHWEST CORNER
OF THE SW1/4-SE1/4
SEC. 2, TWP. 124, RNG 29
SOUTHEAST CORNER OF
SEC. 2, TWP. 124, RNG. 29
SOUTH LINE OF THE SE1/4-SE1/4
SEC. 2, TWP. 124, RNG. 29
255.88
256.50
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DRAINAGE AND UTILITY EASEMENT
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DRAINAGE AND UTILITY EASEMENTS PER NOTHRLAND BUSINESS
CENTER AND NORTHLAND BUSINESS CENTER 2ND ADDITION.
VACATED PER DOCUMENT NUMBER ___________________________.
6
:
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434 FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
0 60 120 180
NORTHLAND BUSINESS CENTER 3RD ADDITION
Denotes found iron monument.
$5($6800$5<
BLOCK 1
LOT 1 = 687,036 S.F.
15.77 AC
TOTAL = 687,036 S.F.
15.77 AC
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
12
(NO SCALE)
EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOT
LINES AND 12 FEET IN WIDTH ADJOINING STREET
LINES UNLESS OTHERWISE INDICATED ON THE PLAT.
12
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THE EAST LINE OF NORTHLAND BUSINESS
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SCALE IN FEET
9101010
RESOLUTION PC001-2023
RESOLUTION VACATING EASEMENTS AS LEGALLY DESCRIBED FOR LOTS 003,
004, OF BLOCK 003 AND OUTLOT E OF NORTHLAND BUSINESS CENTER
WHEREAS, the Planning Commission of the City of St. Joseph held a public hearing on February
13th, 2023 following a publication, mailed and posted notice for the purpose of hearing those
present to consider the vacation of drainage and utility easements; and
WHEREAS, the easements to be vacated are legally described as:
Southern interior drainage and utility easement over, under and across Outlot E, and lot 004, block
003 of Northland Business Center; western interior drainage and utility easement over, under and
across Outlot E, Eastern and Northern drainage and utility easement over, under and across lot
004, block 003 of Northland Business Center, and the Eastern and Southern drainage and utility
easement over, under, and across Lot 003, block 003 of Northland Business Center plat; and
WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a
vacation of easements be vacated and discontinued; and
WHEREAS, new easements will be dedicated as part of the plat for Northland Business Center
3rd Addition which is a re-plat of Lot 001, Block 001 of Northland Business Center 2nd Addition
plat and Lot 003 and 004, Block 003 and Outlot E of Northland Business Center plat
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the
vacation of easements; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, duly assembled that the following described easements hereby vacated to
wit:
The Southern interior drainage and utility easement over, under and across Outlot E, and lot 004,
block 003 of Northland Business Center; western interior drainage and utility easement over,
under and across Outlot E, Eastern and Northern drainage and utility easement over, under and
across lot 004, block 003 of Northland Business Center, and the Eastern and Southern drainage
and utility easement over, under, and across Lot 003, block 003 of Northland Business Center
plat;
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this
______day of____________, 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Jeff O’Neill, City Administrator
10111111
RESOLUTION PC002-2023
RESOLUTION VACATING EASEMENTS AS LEGALLY DESCRIBED FOR LOT 001,
BLOCK 001 OF NORTHLAND BUSINESS CENTER SECOND ADDITION
WHEREAS, the Planning Commission of the City of St. Joseph held a public hearing on February
13th, 2023 following a publication, mailed and posted notice for the purpose of hearing those
present to consider the vacation of drainage and utility easements; and
WHEREAS, the easements to be vacated are legally described as:
Northern interior drainage and utility easement over, under and across Lot 001, Block 001 of
Northland Business Center 2nd Addition
WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a
vacation of easements be vacated and discontinued; and
WHEREAS, new easements will be dedicated as part of the plat for Northland Business Center
3rd Addition which is a re-plat of Lot 001, Block 001 of Northland Business Center 2nd Addition
plat and Lot 003 and 004, Block 003 and Outlot E of Northland Business Center plat
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the
vacation of easements; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, duly assembled that the following described easements hereby vacated to
wit:
The Northern drainage and utility easement over, under and across Lot 001, Block 001 of
Northland Business Center 2nd Addition
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this
______day of____________, 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Jeff O’Neill, City Administrator
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SOUTH QUARTER CORNER
SEC. 2, TWP. 124, RNG 29
NORTHEAST CORNER
OF THE SW1/4-SE1/4
SEC. 2, TWP. 124, RNG 29
255.88
256.50
DRAINAGE AND UTILITY EASEMENT
DRAINAGE AND UTILITY EASEMENT
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OWNER: CLC PARTNERS LLC
OWNER: CLC PARTNERS LLC
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PROJECT NUMBER: 0014445.04
ST. JOSEPH, MN
01/19/2023
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NORTHLAND BUSINESS CENTER PRELIMINARY PLAT
ST. JOSEPH, MN 1
01/17/2023
MATHEW J. WELINSKI
5359601/19/2023
CLC PARTNERS
SHEET NUMBER:
VERTICAL SCALE:
DATE:
PREPARED FOR:
OF
HORIZONTAL SCALE:
DRAWN:
CHECKED:
DESIGNED:INITIAL ISSUE:
REVISIONS:
Phone (320) 253-9495 3701 12th Street North, Suite 206
Fax (320) 358-2001 St. Cloud, MN 56303
Toll Free (800) 270-9495
DATE:LICENSE NO.
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME
OR UNDER MY DIRECT SUPERVISION AND THAT I AM A
DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE
STATE OF MINNESOTA
Common Ground Alliance
Call 48 Hours before digging:
811 or call811.com
60'
0'60'120'180'
1" = 60'
Outlot E and Lots 3 and 4, Block 3, NORTHLAND BUSINESS CENTER and Lot 1, Block 1, NORTHLAND BUSINESS CENTER 2NDADDITION according to the plats of record in Stearns County, Minnesota.
LEGAL DESCRIPTION OF AREA TO BE PLATTED
1.This survey was prepared without the benefit of a Title Commitment.
2.Elevations and ground contours are based upon NAVD88 vertical datum.
3.Subject property area: 687,036 Sq. Ft./15.77 Acres.
4.As scaled from the FEMA Flood Zone Map Number 27145C0610E, having an effective date of February 16, 2012, the subject property appearsto lie within "Other Areas" Zone X (areas determined to be outside the 0.2% annual chance floodplain).
5.Bearings shown are based upon the Stearns County Coordinated System NAD-83.
GENERAL NOTES
(NOT TO SCALE)
VICINITY MAP
SITE
OWNER/APPLICANT:CLC Partners7939 Ridgewood RoadSt. Joseph, MN Minnesota 56374
SURVEYOR/ENGINEER:Westwood Professional Services, Inc.1900 Medical Arts Ave S, Suite 100Sartel, Minnesota 56377Ph- (320)253-9495
Denotes found iron monument LS55434, unless otherwise noted.
16171717
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SOUTH QUARTER CORNER
SEC. 2, TWP. 124, RNG 29
NORTHWEST CORNER
OF THE SW1/4-SE1/4
SEC. 2, TWP. 124, RNG 29
SOUTHEAST CORNER OF
SEC. 2, TWP. 124, RNG. 29
SOUTH LINE OF THE SE1/4-SE1/4
SEC. 2, TWP. 124, RNG. 29
255.88
256.50
DRAINAGE AND UTILITY EASEMENT
DRAINAGE AND UTILITY EASEMENT
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FOUND IRON PIPE LS40341
FOUND IRON PIPE LS40341
DRAINAGE AND UTILITY EASEMENTS PER NOTHRLAND BUSINESS
CENTER AND NORTHLAND BUSINESS CENTER 2ND ADDITION.
VACATED PER DOCUMENT NUMBER ___________________________.
6
:
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434 FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
0 60 120 180
NORTHLAND BUSINESS CENTER 3RD ADDITION
Denotes found iron monument.
$5($6800$5<
BLOCK 1
LOT 1 = 687,036 S.F.
15.77 AC
TOTAL = 687,036 S.F.
15.77 AC
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
12
(NO SCALE)
EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOT
LINES AND 12 FEET IN WIDTH ADJOINING STREET
LINES UNLESS OTHERWISE INDICATED ON THE PLAT.
12
6
6
THE EAST LINE OF NORTHLAND BUSINESS
&(17(5,6$6680('72%($51
:
SCALE IN FEET
20212121
RESOLUTION PC003-2023
A RESOLUTION OF APPROVAL REGARDING
THE NORTHLAND BUSINESS CENTER THIRD ADDITION PLAT
WHEREAS, CLC Partners referred to as “applicant” and “owner” has properly applied for Final plat
approval; and
WHEREAS, the subject property is identified and legally described in Exhibit A; and
WHEREAS, the St. Joseph Planning Commission reviewed and recommended approval of the preliminary
plat of Northland Business Center Third Addition on February 13th, 2023; and
WHEREAS, Planning Commission has reviewed the Final Plat and recommended approval at their
February 13th, 2023 meeting; and
WHEREAS, the St. Joseph City Council recommended approval on the Final plat at their March 6th,
2023 meeting; and
WHEREAS, the proposed plat has been reviewed by the city engineer; and
WHEREAS, the City Council hereby approves the final plat with the following conditions:
General
1.All conditions and requirements outlined in the Northland Business Center Third Addition
Developers Agreement are met.
Engineering
1.All comments depicted in the Northland Business Center Third Addition Developers
Agreement are adhered to by the applicant
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, THAT THE NORTHLAND BUSINESS CENTER THIRD
ADDITION FINAL PLAT IS APPROVED
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
this 6TH, of March 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Jeff O’Neill, Interim City Administrator
2222
Exhibit A
Legal Description
LOT 001, BLOCK 001 OF NORTHLAND BUSINESS CENTER THIRD ADDITION
2323
1
NORTHLAND BUSINESS CENTER 3rd ADDITION
DEVELOPMENT AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT made effective the day of , 2023, by and
between the City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and CLC
Partners, LLC, a Minnesota Limited Liability Company (“Developer”).
RECITALS
A.The Developer has the right to develop the property situated in the City of St. Joseph and legally
described on the attached EXHIBIT A (the “Subject Property”).
B.The City approved the preliminary plat of Northland Business Center Third Addition on the Subject
Property on March 6th, 2023.
C.On March 6th, 2023 the City approved the final plat on the Subject Property known as Northland
Business Center 3rd Addition (the “Plat”) with one industrial lot, which approval is contingent on
the terms and conditions of this Agreement, including the Developer and the City entering into this
Agreement.
D.The Developer acknowledges that Developer is responsible for all costs incurred by it or the City
in conjunction with the development of this Plat, including, but not limited to construction of
improvements, legal, planning, engineering and inspection expenses incurred in connection with
approval and acceptance of the Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the Plat and improvements
therein, unless otherwise provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and
Developer agree as follows:
2424
2
PLAT
Recording. The Developer will record the Plat and this Development Agreement with the County
at Developer’s expense within ninety (90) days of final plat approval, and will forward confirmation of the
recording of the documents to the City. In the event that technical or clerical revisions are needed in this
document or if for any reason the County Recorder deems the Development Agreement unrecordable, the
Developer and City will cooperate in the execution or amendment of any revised Development Agreement.
If, for any reason, the Plat is not recorded by the County, Developer agrees to hold the City harmless for
any costs incurred. It is expressly understood that Developer will have no claim for breach of this
Agreement in the event the Plat is not recordable or revisions are required in the Plat. If the Plat is not
recorded prior to the assignment of assessments, the Developer shall be responsible for all costs incurred
in the dividing of assessments at a later date. An electronic copy of the recorded, final plat shall be submitted
to the City Engineer in AutoCAD and Adobe PDF formats.
Monuments. The Developer will install Plat monuments for the Subject Property within one
year after recording the Plat. No Certificate of Occupancy will be issued for the Subject Property in the
Plat until the lot monuments have been installed and certified by a registered land surveyor. Monuments
will need to be relocated and/or replaced if they become buried or removed during the
excavation/development of the property.
Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses or other
documents from any and all necessary governmental agencies, as applicable, (including but not limited to
the City, Stearns County, the Pollution Control Agency, the Department of Health, and the Department of
Natural Resources, Watershed District, and Northern Natural Gas) so as to enable the development of the
Subject Property.
Right to Proceed. Within the Plat, or within the public rights of way, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: (a) this
Agreement has been fully executed by both parties and filed with the County. (b) Developer has deposited
all escrows required by this Agreement.
IMPROVEMENTS
The Developer agrees to construct at their expense the following improvements:
Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas)
must be installed underground serving the Subject Property.
Hard Surfaced Private Driveways and Parking Areas with Lighting. Hard surface access
private drive(s) and parking lots located on the Subject Property in accordance with the plans approved by
the City with the building permit are a requirement and must be installed prior to the Certificate of
Occupancy being issued or as soon thereafter as possible, weather permitting.
Public Improvements. Construction of the public improvements meeting city specifications,
including construction of 40 feet wide urban bituminous streets of Fir Street East, 24th Avenue NE, curb,
gutter, street lighting, regulatory signage, storm sewer and storm water treatment, sanitary sewer, and
water main will be at the expense of the developer/owner at the time the public improvements are made as
determined by the City. The Developer, and its successors and assigns, waive all procedural objections to
2525
3
the improvements and special assessments that the proper notices have not been given, and that the
method of spreading the assessment is erroneous.
ADD LANGUAGE TIED TO FUTURE CONSTRUCTION OF 24TH AVE NE
AND FUTURE ASSESSMENTS
Record Drawings. Before issuance of the Certificate of Occupancy, the Developer shall provide
all record drawings for the private driveway constructed within the public right of way and public drainage
and utility easements included in the Development Plan, and they must be approved by the City Engineer.
Record base drawings of the private improvements shall be submitted to the City Engineer in electronic
(AutoCAD) format.
ADDITIONAL CONDITIONS OF APPROVAL
The Developer agrees with the following conditions:
A.The site plan must conform to L-1 Light Industrial zoning standards for development, and cit y
ordinances.
B.Site plan approval is required prior to building permit issuance.
C.Civil plans, including but not limited to hydrology/hydraulic computations must be submitted
for review and approval by the City Engineer.
D.That all comments by the City Engineer must be resolved to the satisfaction of the City.
E.Facilities constructed within the Plat are required to connect to city utilities, including water,
sanitary sewer, and storm sewer.
DEDICATION
Developer has provided to the City any and all necessary easements and/or dedications or deeding
to ensure that the City has the ability to maintain, repair, replace or modify the roadways, trails, sewer, and
water mains, storm sewers, holding and sedimentation ponds and other public improvements located in the
Plat.
STORM WATER TREATMENT AREAS AND STORM WATER PIPES
Cleaning of Stormwater Facilities. At such time as the City determines that construction on the
Subject Property has been sufficiently completed so as not to cause significant erosion which will
contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge
all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment
areas require cleaning/dredging prior to the completion of all such construction, the City may request that
the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all
permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the
Department of Natural Resources and the Army Corps of Engineers, as applicable.
Buffer Area Adjacent to Ponds. All storm water ponds servicing the Subject Property, whether
such ponds are located on City owned property, easements running in favor of the City, or on private
property, must maintain a minimum of an 8-foot natural buffer from the high-water mark. Notwithstanding
the above, one access to each pond may be required by the City in a location determined by the City in its
sole discretion.
2626
4
Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the
Developer shall enter into a storm water facility maintenance agreement. The Developer shall be
responsible for maintaining the stormwater facilities and for observing all drainage laws governing the
operation and maintenance of the stormwater facilities. The Developer shall provide the City with a
schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by
the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections
and maintenance activities, and submit such records annually to the City upon its request. The cost of all
inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities,
shall be the obligation of the Developer and its successors.
Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be
completed:
A. Submittal of as-built record drawings of the stormwater facilities.
B. Submittal of post-construction infiltration field-test, if applicable.
C. Certification by a qualified engineer or hydrologist verifying the facility has been constructed
in accordance with the storm water plans and specifications submitted and approved by the
City with the issuance of the building permit.
D. Final site inspection by City staff or City representative.
EROSION AND LANDSCAPING
Erosion Control. The Developer shall comply with all requirements of the “General Storm Water
Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all
requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with
the tasks on Exhibit B designated as the Developer’s responsibility. In addition, the City may impose
additional erosion control requirements if in the opinion of the City Engineer such requirements are
necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of
City utility systems. The Developer shall comply with the erosion control plans and with any such
additional instruction it receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye
grass or other fast-growing seed to provide a temporary ground cover as rapidly as possible. All seeded
areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time
is of the essence in controlling erosion.
SITE GRADING
Site grading shall meet all the requirements set forth in the City’s Development Manual, and in the
General Storm Water Permit for construction.
When the site grading has been completed:
A. The Developer shall verify by field survey that the site grading has been completed in
accordance with the city approved grading plan. The Developer shall submit the record site
grading plan to the City for approval prior to the issuance of the Certificate of Occupancy.
B. Elevations shall be taken on all lot corners, all building pads, and on drainage breaks, ponding
sites, ditches, and swales. Arrows shall show how the lot is to drain.
C. No permanent material stockpile of any sort will be permitted on the Subject Property.
Temporary stockpiles shall be placed outside of the public right of ways and easements, and
shall be limited to suitable grading and construction materials generated from within the
2727
5
Subject Property and for use in the grading of the present Project. Excess materials not reserved
for the present development, as defined by the City accepted grading plan, shall be removed
from the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet in height
and for a duration not to exceed eighteen (18) months.
Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion for
its work may cause flooding and/or damage to adjoining property owners. In such event, the Developer
agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer
for flooding and/or damages arising out of such failure. Further, after giving five (5) days advanced notice
to Developer and Developer does not comply within said five (5) days the City may undertake any
corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold
the City harmless and indemnify the City from claims of all third parties for damages arising out of said
corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by
the City arising out of the corrective action including, but not limited to any costs necessary to re-landscape
disrupted soils located with the Plat.
SPECIAL ASSESSMENTS
Payment of Special Assessments. There are outstanding special assessments due on the Plat for
the 2019 public improvements, including for urban bituminous streets, curb, gutter, street lighting, storm
sewer and storm water treatment, and sanitary sewer. The City will levy the outstanding special
assessments for the Plat. The Developer agrees to pay for all costs of the outstanding special assessments
through special assessments levied against the Plat. Upon sale of any of the lots within the Plat,
assessments shall be paid in full for the lot based on lot size in accordance with CLC Partnership –
Industrial Park Developer Agreement Document: A1553878 as recorded with the Office of County
Recorder Stearns County, Minnesota.
CAN ADD SPECIAL ASSESSMENT LANGUAGE HERE
CITY FEES
Sanitary Sewer Trunk Charge. The Plat is subject to the DBL Labs Pump Station charge to be
payable at time building permits are issued for the Plat. Developer agrees to make buyers and/or future
tenants of the Plat aware that such charges will be payable at time of issuance of building permits.
Water Trunk Charge. The Plat is subject to water trunk charges to be payable at time building
permits are issued for the Plat. Developer agrees to make buyers and/or future tenants of the Plat aware that
such charges will be payable at time of issuance of building permits.
Park Dedication Fee. The park dedication fee was paid with the Northland Business Center plat.
There are no addition park dedication fees due for the Plat.
SAC/WAC. The Developer acknowledges that sewer and water access charges will be payable at
then current rates at the time building permits are issued for construction on the Subject Property. Developer
agrees to make buyers and/or future tenants of the Plat aware that such charges will be payable at time of
issuance of building permits.
Storm Water Development Fee. Outlot E is being converted into a developed lot and is
therefore subject to Storm Water Development Fee of $0.20 per square foot in the amount of
$59,395.20 (296,976 SF x 0.20). Fee is payable to the City at time of execution of this Agreement and
prior to the release of the mylars.
2828
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MISCELLANEOUS
Representations. The Developer represents, to the best of its knowledge, that the Plat complies
with all city, county, state, and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations and permits thereto related. Prior to
recording of the Plat, if the City determines that the Plat does not comply, the City may refuse to allow
construction work in the Plat until compliance is achieved.
Assignment. This Development Agreement cannot be assigned or transferred without the written
consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this
Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be
grounds for denial of the issuance of any building permit.
Waivers. The rights of the City under this Agreement are in addition to any other rights under
statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or
amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in
writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal
action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third
parties and third parties will have no recourse against the City under this Agreement.
License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Subject Property.
Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement
in the manner required by the City, the City shall have grounds for denial of building or occupancy permits
for the Subject Property.
Agreement Binding. The terms and provision hereof shall be binding upon, and inure to the benefit
of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Subject Property and shall be deemed covenants running with the land.
Indemnification. The Developer will have no claim against the City and its officers and employees
for damages sustained or costs incurred resulting from plat approval and development undertaken by the
Developer. The City and its officers, agents and employees will not be personally liable or responsible in
any manner to the Developer, contractor or subcontractors, suppliers, laborers, or to any other person or
persons whomsoever, for any claims, demands, damages, actions, or causes of action of any kind or
character whatsoever arising out of or by reason of the execution of this Agreement, or the design,
performance, and completion of the work and the improvements to be provided by Developer pursuant to
this Agreement. The Developer will hold the City harmless from claims by third parties, including but not
limited to other property owners, contractors, subcontractors and suppliers, for damages sustained or costs
incurred resulting from plat approval and the development of the Property. The Developer agrees to
indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit,
action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or
death of any person resulting from any actions by the Developer, or its agents or contractors.
Insurance. Until all of Developer’s obligations under this Agreement are fulfilled, the Developer
will provide and maintain commercial general liability insurance covering personal injury, including
death, and claims for property damage of others which may arise. Limits for commercial general liability
claims covering bodily injury, death or third-party property damages will not be less than $500,000 per
occurrence and $1,000,000 in aggregate. Limits for property damage will not be less than $500,000 per
2929
7
claim. The City will be named as an additional named insured on said policy and the policy shall provide
that it may not be cancelled without 30 days prior written notice to the City except in the event of non-
payment of premium which shall not be less than 10 days. The Developer will file a copy of the insurance
coverage with the City upon execution of this Agreement. The insurance policy obtained by the
Developer is subject to City approval. In the event that the City is held liable to a third party by a court of
competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover
the City, the Developer will be liable under this Agreement for any and all costs incurred or damages
claimed against the City.
Certificate of Occupancy. The City will not issue the certificate of occupancy for the Subject
Property’s building until the building has been connected to sanitary sewer and water, complied with the
grading, building and site plans, and the private access driveway for the Subject Property has been
constructed with bituminous in accordance with the plans approved by the City with the building permit.
Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase
of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect or void any of the other provisions of this Agreement.
DEFAULT ON AGREEMENT
Events of Default. The following shall be “Events of Default” under this Agreement and the term
“events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise
provides) any one or more of the following events:
A.Failure by the Developer to observe and substantially perform any covenant, condition,
obligation, or agreement on its part to be observed or performed hereunder.
B.If the Developer shall admit in writing its inability to pay its debts, generally as they become
due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its
creditors, or shall consent to the appointment of a receiver of itself or of the whole or any
substantial part of the Subject Property.
C.If the Developer does not pay the assessments due on the Subject Property pursuant to the
provisions of Minnesota Statutes Chapter 429.
If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to
Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and
privilege to declare any amounts expended by the City then due and payable as liquidated damages in full,
and the City may immediately bring legal action against the Developer to collect such sums expended by
the City; the Developer shall be personally responsible for payment of such sums; in addition, the City
shall have a lien against the Subject Property. In addition to any other remedy provided in this
Agreement, and without waiver of any such right, the City may avail itself of any or all of the following
remedies:
1.Halt all Plat development work and construction of Improvements.
2.Refuse to issue building permits or occupancy permits until such time as the Event of
Default is cured.
3.Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default.
4.Terminate this Agreement by written notice to the Developer.
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Addresses.
The address of the Developer for the purposes of this Development Agreement is:
CLC Partners, LLC
PO Box 99
St. Joseph, MN 56374
The address of the City for the purposes of this Development Agreement is:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF ST. JOSEPH
By: ____________________________ Date: _________________________
Rick Schultz, Mayor
By: ____________________________
Jeff O’Neill, Interim City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the _____ day of ____________, 2023, by Rick
Schultz and Jeff O’Neill, the Mayor and Interim City Administrator, respectively, of the City of St.
Joseph.
___________________________
Notary Public
DEVELOPER
CLC PARTNERS, LLC
By: ____________________________ Date: _________________________
Kevin Cox, President
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the _____ day of ____________, 2023, by Kevin
Cox, the President of CLC Partners, LLC.
___________________________
Notary Public
Drafted By:
City of St. Joseph,
75 Callaway St. E
St. Joseph, MN 56374
3131
9
EXHIBIT A
LEGAL DESCRIPTION
Lot 001, Block 001 of Northland Business Center Third Addition
3232
10
EXHIBIT B
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Storm-Water
Permit from MPCA.
Developer (private) or City
(public) project.
Developer’s Engineer if private
project, City Engineer if public
project.
Establish erosion/sediment control and mass
grade the site.
Developer (private) or City
(public) project.
Contractor
Place topsoil, seed, mulch except on boulevards
and front yard utility easements. Bring
transformer pads to grade. Wait for private
utilities.
Developer (private) or City
(public) project.
Contractor
After curb and gutter is in, install private utilities
in easement area.
Developer. Private Utility companies.
After utilities are in, construct sidewalk. Developer (private) or City
(public) project.
Contractor
Place topsoil, seed, and mulch on remaining
disturbed areas.
Developer (private) or City
(public) project...
Contractor
Complete “as-built” survey for all site grading for
Subject Property. This now becomes the
“Development Plan”
Developer (private) or City
(public) project.
Developer’s Engineer if private
project, City Engineer if public
project.
Place silt fence behind curb (or sidewalk)
throughout development.
Developer (private) or City
(public) project.
Contractor
Set Property Irons. Developer Developer’s Surveyor
Transfer permit to Developer when construction
is complete.
Developer (private) or City
(public) project
Developer’s Engineer if private
project, or City Engineer if public
project
Submit building permit application. Include site
survey.
Developer. Contractor
Issue building permit. City Building Inspector
Construct 24’ wide opening in silt fence at
driveway and place rock entrance. Place
additional silt fence as necessary to keep soil on
lot.
Developer. Contractor
Maintain silt fence and other erosion/sediment
control items.
Developer. Contractor
Sweep streets as required. Developer Developer, or City if agreement to
back charge Developer.
Submit certified lot survey showing final
structures and lot elevations.
Developer. Developer’s Surveyor
Issue Certificate of Occupancy. City City
Submit “Notice of Termination” to MPCA within
30 days of final site stabilization and removal of
all non-builder silt fence and other
erosion/sediment control items.
Developer Developer
3333
Planning Commission Agenda Item 06h
MEETING DATE: Feb. 13th, 2013
AGENDA ITEM: Outdoor wood boilers
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Review sample ordinances and draft ordinance
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION:
Staff have received a few complaints regarding outdoor wood boilers. Currently the city requires a
building permit. For a building permit the structure just needs to follow the manufacturers specifications.
Adopting a stricter ordinance can prohibit these structures or severely limit by placing stricter setbacks,
placement and requirements.
Staff is asking the Commission to review sample ordinances and the drafted ordinance and provide
guidance on prohibiting them, or severely restricting. Most cities include language within their Nuisance
code while some have language within their Zoning. Staff has drafted language within our General
Performance Zoning code which would only allow the structures in Rural Residential districts.
ATTACHMENTS: Sample ordinances
Additional ordinances can be found at:
https://www.pca.state.mn.us/sites/default/files/aq1-60a.pdf
MPCA report - https://www.pca.state.mn.us/sites/default/files/aq-ei4-
47.pdf
REQUESTED PLANNING COMMISSION ACTION: Review sample ordinances and provide
recommendation on language to be incorporated in ordinance.
223434
EXISTING ORDINANCE
RELEVANT LANGUAGE
Ordinance 502.12 General Performance
Subd. 10: Pollution. All uses shall comply with all federal, state and local pollution and
nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise.
The burden of proof for compliance of appropriate performance standards shall lie with the
applicant.
Ordinance 502.27 Rural Residential District
Subd. 12: Rural Quality of Life Provisions. The Rural Residential zone applies to properties
annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation
Agreement. Properties in this area are rural in nature and have not been impacted by urban
development and shall be exempted from certain requirements applicable in other zones that
have been developed to an urban density. The exemptions for the properties annexed to the City
of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire when the
annexed properties are taxed at the full City tax rates. The exemptions are as follows:
D)Wood Burning Stoves: Properties located in the Rural Residential zoning district
may utilize wood burning stoves as a form of alternative heat provided:
a.The wood burning stove meets the minimum setback requirements
based on the manufacturer’s guidelines.
b.Building Permits are secured for the installation
c.All stoves must meet the MPCA Guidelines
233535
Ordinance 1003 Fire and Burning Restrictions
ORDINANCE 1003 FIRE AND BURNING RESTRICTIONS
Section 1003.01: PURPOSE. The City Council has made a determination that
unregulated burning within the City has an adverse effect upon the health, comfort, repose and
property of the residents of the City, specifically finding:
a)Increases the risk of destruction of personal property and structures.
b)Increases the pollution of the air and affects the health of residents, primarily
those suffering from asthma and other respiratory ailments.
c)Causes annoyance by smoke drifting onto adjacent properties.
d)Increases the potential for injury by creating a nuisance attractive to children.
e)Causes soot and odor to adjacent property.
Therefore, the City Council has enacted this Ordinance restricting the ignition and
maintenance of fires, and other burning as may occur within the City of St. Joseph.
Section 1003.02: DEFINITIONS. As used herein, the following terms shall be defined
in the following manner:
Subd 1: Person. Means any natural person acting either personally or in any
representative capacity, corporation, firm, co-partnership, or an association of any nature or kind.
Subd. 2: Timber. Means and includes trees, saplings, bushes, seedlings, and sprouts
from which trees may grow, of every size, nature, kind and description.
Subd. 3: Forest Products. Means and includes all products derived from timber.
Subd. 4: Owner. Includes a person owning the fee title to any real property, or the
person occupying real property pursuant to a leasehold interest therein.
Subd. 5: Open Fire or Open Burning. Means a fire which is not contained within a fully
enclosed fire box or structure from which the products of combustion are emitted directly to the
open atmosphere without passing through a stack, duct or chimney.
Subd. 6: Recreational Fire/Campfire. Means a fire set for cooking, warming, ceremonial
or esthetic purposes, which is not more than three feet in diameter by three feet high, which has
the ground five feet from the base of the fire cleared of all combustionable material, and which is
contained within a metal ring, rock, concrete or other similar non-combustionable material
surrounding the base of the fire.
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Section 1003.03: PROHIBITION OF FIRES. All fires within the City of St. Joseph are
prohibited, except for the following:
Subd. 1: Recreational Fires/Campfires
Subd. 2: Fire contained in a charcoal grill, camp stove or other device designed for the
purpose of cooking or heating.
Subd. 3: A fire contained within a building or structure ignited for the purpose of
providing heat to the interior of the structure or to be used in the preparation of food.
Subd. 4: Fires ignited for purposes of fire training as therein defined by Minn. Stat.
§88.17 subd. 3(a), pursuant to special permit granted by the local fire warden or other authorized
state, county or local authority.
Section 1003.04: MATERIALS. Fuel for all fires permitted shall consist of timber,
forest products, and kerosine, fuel oil or natural gas if the fire is contained in a stove or fire box
designed for the ignition of that substance. Burning of the following materials shall be strictly
prohibited:
Subd. 1: Motor oil, rubber, plastics, chemically treated materials or other materials
which produce excessive or noxious smoke including, but not limited to, tires, railroad ties,
chemically treated lumber, composite shingles, tarp paper, installation, composition board,
sheetrock, wiring, paint or paint filters.
Subd. 2: Hazardous waste as defined in Section 116.06 Subd. 11 of the Minnesota
Statutes and applicable Commissioner's Rules.
Subd. 3: Solid waste generated from an industrial or manufacturing process or from a
service or commercial structure.
Section 1003.05: PROHIBITION OF ALL BURNING. No outside burning may occur
during any time when a burning ban is declared by any state, county, or local authority due to an
air pollution alert or a fire danger.
Section 1003.06: GENERAL REGULATIONS REGARDING PERMITTED FIRES.
Subd. 1: No person shall ignite or maintain a fire upon the land of another without the
permission of the owner thereof or his agent.
Subd. 2: No person shall ignite or maintain a fire on publicly owned or controlled
property except in areas designated for the maintenance of campfires by the public authority
governing the property.
Subd. 3: Any authorized open fire shall be attended by a competent person until such fire
is extinguished.
Section 1003.07: PENALTIES. Violations of any of the provisions of this Ordinance
shall be deemed a petty misdemeanor, except the violation of Section 1003.04 Subd. 1, 2 or 3
shall be deemed a misdemeanor. Any person who ignites or maintains a prohibited fire may be
liable under this ordinance. Any person who owns or controls property and knowingly permits a
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prohibited fire to be ignited or maintained on his or her property shall also be liable as if that
person had actually ignited the fire.
Updated 2/12/96
Updated 6/2003 – Section 1003.02, Subd. 6
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DRAFTED ORDINANCE LANGUAGE
New language in Red and begins within Subdivision 10
Section 502.04: RULES AND DEFINITIONS
ADD FOLLOWING DEFINITION
Outdoor wood boiler. An appliance installed out-doors and designed to transfer or provide heat,
via liquid or other means, through the burning of clean fuel for heating purposes. Also known as
outdoor hydronic heaters. Outdoor wood boiler does not include a fire pit or wood-fired
barbeque.
Section 502.12: GENERAL PERFORMANCE STANDARDS
The intent of this section of the zoning ordinance is to establish general development
performance standards. The regulations provided herein shall apply equally to all districts except
where special provisions provide otherwise.
Subd. 1: Accessory Buildings in Residential Districts.
a)Detached accessory buildings shall be located in the rear yard.
b)Detached accessory buildings which are greater than fifty (50) square feet, but less than
two-hundred (200) square feet shall require a zoning permit.
c) Detached accessory buildings two-hundred (200) square feet or greater shall require a
building permit.
d)Attached accessory buildings and structures shall comply with the setback regulations in
the respective zoning district. Detached accessory buildings shall be setback a minimum of ten
feet (10’) from the rear and side yard lot lines, except that on corner lots shall have a side yard
setback of twenty feet (20’) feet from the property line on the intersecting street. Accessory
buildings shall not be located over any easement. Any accessory building proposed to be within
five feet, overhang to overhang of the principal building or the wall and soffit area of the
accessory building that is within five feet of the principal building shall be constructed to a one-
hour fire rating.
e)Accessory buildings shall not to exceed over one (l) story or sixteen (16) feet in height,
whichever is less.
f)All garages shall, if the vehicle entrance backs upon a public alley, be setback at least ten
(10) feet from the public alley right-of-way.
g)In no case shall the door of any structure, building, fence or improvement be erected or
constructed so as to extend beyond any lot line.
h)In business and manufacturing districts, accessory buildings and uses may occupy any of
the ground area which the principal building is permitted to occupy. Accessory buildings such as
buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be
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located in the front or side yard in the Industrial District.
i) Within the R-1, R-2 and R-4 districts no detached accessory structures, shall
exceed the maximum lot coverage requirements outlined within the respective
districts or the maximum allowable accessory structure square footage (floor area)
as shown in table 1:
Size of Lot Maximum allowable square footage
(floor area
0 - .5 acres 1,200
.51 acres – 1 acre 1,800
1.1 acres – 2 acres 2,200
2.1 acres and greater No limits as long as lot coverage
requirements are not exceeded.
Table 1
j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory
buildings, excluding decks, porches and patios.
k) Accessory building of less than fifty (50) square feet shall not be considered when
computing the limitations of paragraph i. and j. above; but the combined area of accessory
building of less than 50 square feet shall not exceed a total of 100 square feet.
l) The same or similar exterior building material (such as siding, shingles, etc.) shall be
used on the accessory building and the principal building except for sheds that are 100 square
feet. Metal roofs are allowed provided they are constructed within standing seams and concealed
or exposed fasteners. Sheds 200 square feet or less shall be anchored through a manufacturer’s
approved anchoring kit.
m) Pole barns and hoop tubular frame buildings are prohibited.
Subd. 2: Carport. A shelter for a vehicle consisting of a roof built out from the side of a
building and supported by a wall, with a minimum of two open sides.
a) The structure shall meet the Minnesota Building Code and City Ordinances for
accessory buildings.
b) Post frame construction is prohibited.
c) Structural wall must be set on footings.
d) The parking pad shall consist of a durable and dust free surface consisting of
concrete, asphalt, paving stones, or similar material.
e) The structure shall meet the side and rear yard setbacks for the zoning district for
which the carport is located.
f) The carport area shall be included in the maximum allowed accessory area per lot
for the zoning district for which the carport is located.
Subd. 3: Fencing. See Ordinance 506.00, Fence Ordinance which applies to the
construction and maintenance of all walls, fences, to include living fences.
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Subd. 4: Swimming Pools, Spas, Hot Tubs
a) The swimming pool, spa or hot tub shall meet all required setbacks for the zoning
district for which they are located.
b) The swimming pools or yard around the pool shall be enclosed by a wall, fence or
combination thereof which is at least [6] feet in height with a self-closing gate
capable of being secured with a lock so as to prevent uncontrolled access. All
points of access shall be made lockable. For an in-ground pool, an automatic pool
cover can be used in lieu of fencing requirements provided it is certified and
complies with ASTM (American Society of Testing and Materials) F1346-91
standard, or successor standard.
c) For in-ground pools, required fencing shall be of durable material and shall be so
designed as to discourage climbing.
d) For above ground pools, pools sides that are vertical or slanted outward may
contribute to the required fencing, provided all points of access are controlled,
including the removal of all ladders or stairs when the pool is not in use.
e) If access to the pool is via a deck or porch, then no access from the ground is
permitted to the deck areas unless the property or ground access to the deck is
fenced. Entrances shall be equipped with self-closing, latching and lockable gates,
and be placed on the top of the gate.
f) A temporary pool defined as an above ground pool that is constructed with
nonmetallic, molded polymeric walls or inflatable fabric walls, which is not
intended as a permanent installation and installed/removed seasonally does not
require safety fencing.
g) All out-door spas and hot tubs require safety covers; therefore safety fencing is
not required.
Subd. 5: Screening and Landscaping.
a) Landscape/Vegetation Covering Required. In all zoning districts the lot area remaining
after providing for parking, driveways, loading, sidewalks or other requirements shall be planted
and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping
techniques. Prior to any turf establishment, the portion of the lot to be established with turf must
have a minimum of four (4) inches of black dirt as a base.
b) Grass and Ground Cover.
1. Open Areas: All open areas of the site not occupied by building, parking, walkways,
other permitted structures or storage shall be grass or approved ground cover. Ground cover shall
be planted in such a manner as to present a finished appearance.
2. Undisturbed Areas: Exception to this is the undisturbed areas containing natural
vegetation, which can be maintained free of foreign and noxious materials.
c) Minimum Size of Trees and Shrubs. The following minimum standards shall be required
for industrial, commercial, institutional, public/semi-public, and multiple family residential uses:
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1. Overstory deciduous trees - 1 ½ inch diameter
2. Ornamental trees - 1 ½ inch diameter
3. Coniferous trees - 4 feet tall
4. Major shrub planting – 2 gallons
d) Performance Standards. A landscape plan must be submitted with each project and such
plan must be prepared by an experienced landscape person. In order to achieve landscaping
which is appropriate to scale with the site of a building and site, the minimum standards apply to
all districts except A, R-1, R-2, R-4, and B-1
1. Trees: One tree for every one thousand (1,250) square feet of total
building floor area or one tree for every one hundred feet (100’) of site
perimeter, whichever is greater. A minimum of twenty-five percent (25%)
of the trees required will be coniferous.
2. Ornamental Trees: One ornamental tree can be substituted for every six-
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
3. Understory Shrubs: One understory shrub for every four hundred fifty
(450) square feet of building or one shrub for every seventy five feet (75’)
of site perimeter, whichever is greater.
4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
R-1, R-2, R-4 and R-5 Districts in these instances:
A. Double frontage lots.
B. Anything other than a single-family home.
e) Credit for Large Trees. The total number of required overstory trees may be reduced by
one-half (1/2) tree for each new deciduous trees measuring four and one-half inches (4 ½”) or
more in diameter or each new coniferous tree measuring eighteen feet (18’) or more in height. In
no event, however, shall the reduction be greater than twenty five percent (25%) of the total
number of trees required.
f) Credit for Existing Trees. The total number of required new overstory trees may be
reduced by the retention of existing overstory trees; provided, that the following conditions are
met:
1. Size and Species: Such trees fulfill the minimum requirements of this
Ordinance as to condition, size and species. City staff shall decide the
amount of the credit for such exiting trees based upon their condition,
location and distribution in the lot.
2. Protection during Development. Proper precautions to protect trees during
development shall be indicated on grading plans submitted for plan
review. These precautions shall be included in the landscape surety.
g) Maintenance. The property owner shall be responsible for replacement of any
dead trees, shrubs, ground covers and sodding.
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h) Methods of Installation. All deciduous and coniferous trees shall be planted in
accordance with American Nursery and Landscape Association standards.
i) Landscaping/Planting in Easements. Plantings such as trees and bushes may be placed in
and utility easements at the risk of the property owner, provided they are approved through the
process identified in St. Joseph Ordinance No. 302, and they do not change or interfere with the
drainage. The city does not encourage extensive plantings or landscaping in the easement area
because of potential drainage problems and the possibility of utility work in the easements. The
city or utility service providers shall not be required to replace plantings or landscaping removed
or damaged during work within the easement area.
j) Double Fronted Lots. Double fronted residential buildings and lots adjacent to collector
or arterial streets shall be screened. A fifteen-foot (15’) area for landscaping shall be provided.
Screening shall be accomplished by a combination of earth berming and planting. Other
requirements may be imposed on a case-by-case basis. The required screening must be placed
within the fifteen-foot (15’) buffer area and designed by an experienced landscape person.
k) Light Encroachment. The light from automobile headlights and other sources shall be
screened whenever it may be directed onto adjacent residential windows.
l) Buffer Requirements. Where a business development and/or parking lot exceeding five
(5) spaces abuts upon a Residential District or use there shall be a protective strip of not less than
15 feet in width established as a buffer zone. Landscaped buffer must contain a fence or
evergreen hedge.
m) Multi-Family Developments (R-3 and PUD). When adjacent to a lower density
residential use, all multifamily developments shall provide a landscaped area within the
minimum setback area. The landscaped area shall provide plantings within the setback as a
buffer between structures and the lower density residential property line.
n) Planting Screens. A planting screen shall consist of healthy, fully hardy plant materials
and shall be designed to provide a minimum year-round opaqueness of eighty percent (80%) at
the time of maturity. The plant material shall be of sufficient height to achieve the required
screening.
o) Screening Fence or Wall. A fence or wall may be used for screening when plant
materials are provided along the outside of the fence or wall for aesthetic appeal. A screening
fence, different from residential yard fence or wall shall be constructed of attractive, permanent
finished materials, compatible with those used in the construction of the principal structure. Such
screens shall provide a minimum year-round opaqueness of eighty percent (80%) and be of
sufficient height to achieve screening but not to exceed six feet (6’) in height, except that in
business and industrial districts may be allowed up to eight feet (8’).
p) Earth Berms. An earth berm may be allowed for screening when used in combination
with plantings following a review and approval by the city. A height minimum of twenty five
percent (25%) of the required screen must be provided with trees or shrubs or other acceptable
plant materials. Earth berms shall be of sufficient height to achieve screening but shall not
exceed three to one (3:1) slope.
q) Waste Handling Screening. For industrial, commercial, institutional, public/semi-public,
and multiple family residential uses, excluding townhome developments, all waste, recycling and
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related handling equipment shall be stored and kept in a four-sided enclosure constructed of a
brick, stone, decorative concrete material or a material compatible with the material of the
principle structure.
Subd. 6: Building and Lot Restrictions.
a) No building shall be erected, converted, enlarged, reconstructed or structurally altered,
nor shall any building or land be used except for a purpose permitted in the district in which the
building or land is located.
b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to
exceed the height limit herein established for the district in which the building is located.
c) No building shall be erected, converted, enlarged, reconstructed or structurally altered
except in conformity with the area regulations of the district in which the building is located.
d) The minimum yards and other open spaces, including lot area per family, required by this
Ordinance for each and every building existing at the time of passage of this Ordinance or for
any building hereafter erected shall not be encroached upon or considered as yard or open space
requirements for any other building.
e) Every building hereafter erected or structurally altered shall be located on a lot as herein
defined and in no case shall there be more than one (l) principal building on one lot unless
provided in this Ordinance.
f) On a through street, a lot fronting on two parallel streets, or a corner lot, both street lines
shall be front lot lines for applying yard, setback and parking requirements, except that for the
purpose of determining the location of the rear yard, the following rules apply:
1. For a corner lot, the rear yard shall be that portion of the yard opposite the yard frontage
as defined by this Ordinance;
2. For a through lot, the rear yard shall be that portion of a lot opposite the street from
which the principal structure derives its address.
3. Any use generally permitted within the rear yard of a lot may be permitted in the rear
yard of a through lot or corner lot so long as the use meets all setback requirements, assuming
that the front yard setback applies to all streets abutting the property.
g) Manufactured homes as defined in this Ordinance shall be limited to locations provided
in the district provisions.
h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the City on
or after July 15, 1991, shall include an attached or detached private garage of at least 20 feet in
width and 22 feet in depth. For purposes of this ordinance, width shall be measured on the side
of the garage having an overhead garage door for motor vehicle access.
i) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or
roofs) (except those specifically intended to have a corrosive designed finish such as corten steel)
shall be permitted in any zoning district except in association with farming operations.
j) Buildings in all zoning districts shall maintain a high standard of architectural and
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aesthetic compatibility with surrounding properties to ensure that they will not adversely impact
the property values of the abutting properties or adversely impact the public health, safety and
general welfare.
k)Residential dwellings in the R-1, R-2 and R-3 Districts, except those within approved
manufactured home subdivisions:
1.Shall have a minimum roof pitch of 4:12, and each roof shall be shingled or feature
approved materials.
2.Shall maintain a minimum width of twenty-two (22) feet throughout a minimum of
seventy percent (70%) of the structure.
3.Shall be placed on permanent foundations of wood or concrete.
Subd. 7: Height and Yard Exceptions.
a)Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater
screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or
television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and
necessary to the permitted use of the district in which they are located, shall not be included in
calculating the height of the principal structure. Wind energy towers and solar collectors will be
allowed by the variance procedure provided under this Ordinance.
b)Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler
flues and other similar projections shall be considered as part of the building and not allowed as
part of the required space for yards, courts or unoccupied space, provided, however, that this
provision shall not apply to one (l) fireplace or one (1) chimney, not more than eight (8) feet in
length and projecting not more than thirty (30) inches into the allowable side yard space nor
cornices not exceeding sixteen (16) inches in width nor to platforms, terraces or steps below the
first floor level, nor to unenclosed porches or other ground level unenclosed projections not over
one (1) story in height which may extend into a front or rear yard not more than five (5) feet, or
into a side yard not more than four (4) feet, but such platform shall be restricted from the five (5)
foot required side yard in the residence district.
Subd. 8: Independent Sewage Treatment System Provisions.
a)Once available, all sewage and water facilities shall be connected to the Municipal sewer
and water facilities within ninety (90) days of when said services become available. Where
sewers are not constructed or in operation all sewage facilities shall be connected to approved
septic tanks and disposal fields. This provision shall not apply to temporary construction sites,
or portable units.
b)Where access to a public sanitary sewer is not available hereunder, the building sewer
shall be connected to an independent sewage treatment system complying with rules and
regulations contained herein; as prescribed by the Minnesota Pollution Control Agency; and, as
contained in all other local, state, or federal mandates.
c)Rules and regulations applicable to independent sewage treatment systems contained
within Minnesota Rules are hereby incorporated.
d)The building owner/lessee shall be required to operate and maintain the Independent
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sewage treatment system in a sanitary manner, at all times, without City expense.
e)Existing ISTS which are failing shall be required to be upgraded, replaced, or repaired in
compliance with provisions herein contained and as set forth in Minnesota Rules, as applicable,
within 180 days.
f)All ISTS design, installation, alteration, repair, maintenance, pumping, and inspection
activities shall be completed under a license or by a qualified employee, or as exempted under
part 7080.0700, subpart 1 (Minnesota Rules).
g)At such time as a public sewer becomes available to a property served by an independent
sewage treatment system, and a direct connection is made to the public sewer and any septic
tanks, cesspools, leaching pits, dry wells, seepage pits, privies, and similar private sewage
disposal facilities shall be abandoned in compliance with Minnesota Rules, Chapter 7080.0176.
h)No statement contained herein shall be construed to interfere with any additional
requirements that may be imposed by the City or other authority.
i)Permit Requirement. Prior to commencement of the construction or the alteration or
repair of an independent sewage treatment system, an applicant must obtain a written permit
from the City. The permit application shall include:
1.Site evaluation report by a licensed septic system designer including items identified in
MN Rules Chapter 7080, and including a certified statement from the entity that conducted the
evaluation.
2.A design report and drawings created by a licensed septic system designer including
calculations and summaries for all system component sizing.
3.Additional information as requested and provided for within this Ordinance.
j)The City shall not issue a zoning permit for a bedroom or bathroom addition, or a system
replacement on a property served by an ISTS unless the individual sewage treatment system is in
compliance with applicable requirements hereunder as evidenced by a certificate of compliance.
k)A permit for an ISTS shall not become effective until installation has been completed as
certified by the City. The City shall be allowed to inspect the work at any stage of construction
with or without notification. The applicant shall notify the building inspector when the ISTS is
ready for final inspection, and before any underground portions are covered.
l)Recordkeeping.
1.The City shall maintain copies of certificates of compliance, notices of noncompliance,
permit applications, issued permits, enforcement proceedings, variance requests, and other
actions taken. Said records shall be available for review as defined in MN Rules 7080.
2.The City shall submit an annual report to the commissioner to demonstrate enforcement
of this Chapter, provided application has been made thereto.
Subd. 9: Lighting Standards. Any lighting used to illuminate an off-street parking area, sign or
other structure shall be arranged as to deflect light away from any adjoining residential zone or
from the public streets. Direct or sky-reflected glare, where from floodlights or from high
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temperature processes such as combustion to welding shall not be directed into any adjoining
property. The source of lights shall be hooded or controlled in some manner so as not to light
adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent
property or public right-of-way. Any light or combination of lights which case light on a public
street shall not exceed one (1) foot candle (meter reading) as measured from the center line of
said street. Any light or combination of lights which cast light on residential property shall not
exceed 0.4 foot candles (meter reading) as measured from said property.
Subd. 10: Pollution. All uses shall comply with all federal, state and local pollution and
nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise.
The burden of proof for compliance of appropriate performance standards shall lie with the
applicant.
A) Outdoor wood boiler systems.
1. An outdoor wood boiler shall only be allowed as a permitted accessory use in
the Rural Residential zoning district subject to the following provisions:
A. A building permit must be obtained to assure that all outdoor wood
boilers meet all Minnesota State Building and Fire Codes, and
manufacturer's specifications for installation, and the permit application
must include:
1. A site plan or survey, illustrating the dimensions of the
property, including location of buildings and the wood boiler
relative to the lot lines.
2. Manufacturer's specifications for installation.
B. An outdoor wood boiler shall be located at least 300 feet from all
property lines.
C. An outdoor wood boiler shall not be operated or maintained in a
manner which creates a public nuisance.
D. Outdoor storage of clean fuel shall be in compliance with City Code
requirements.
E. All requirements for installation and maintenance of the outdoor wood
boilers shall be met, including but not limited to local, state and federal
regulations and manufacturer's specifications.
SUBD 11-18 NOT INCLUDED AS STAFF HAS NO
PROPOSED CHANGES OR AMENDMENTS TO THESE
SECTIONS
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SAMPLE ORDINANCES
SARTELL
4-6-2
I. Smoke, Fumes: Dense smoke, noxious fumes, gas and soot or cinders in unreasonable
quantities as stated by State and Federal air quality standards & to include the following:
1) Outdoor Solid Fuel Heating Device: A device, structure, or apparatus, which supplies
direct or indirect heat from the burning of solid fuel, including but not limited to wood, to
a building.
2) Stacks or Chimneys: Any vertical structure enclosing a flue or flues that carry off
smoke or
exhaust from a solid fuel fired heating.
3) Outdoor solid fuel heating devices are prohibited and shall not be installed or operated
within the City of Sartell.
4) All existing solid fuel units installed within the City limits at the time of adoption of
this ordinance or annexed into the City limits following the adoption of this ordinance are
required to meet emission standards currently required by the Environmental Protection
Agency(EPA), which are hereby adopted by reference together with any amendments or
modifications made to them in the future.
A) The minimum stack height for any solid fuel-fired heating device shall meet or exceed
the manufacturer’s guidelines.
B) Any existing non-complying stack shall be removed, replaced, or modified within a
period of 60 days from the receipt of a notice generated from the Building Official.
C) All stacks or chimneys must be constructed to withstand high winds or other related
elements.
D) Outdoor solid fuel heating devices may only be used from September 1st to May 31st
each year, unless the furnace is being used to provide domestic water service.
E) Only the following materials may be burned in the outdoor solid fuel heating devices:
biomass pellets, corn, firewood, and clean, untreated lumber or other wood product.
F) No outdoor solid fuel-heating device shall be utilized in any manner as a waste
incinerator.
SAUK RAPIDS
SECTION 8.08 OUTDOOR SOLID FUEL HEATING DEVICES.
Subd. 1. Definitions.
Outdoor Solid Fuel Heating Device: A device, structure, or apparatus, which supplies direct or
indirect heat from the burning of solid fuel, including but not limited to wood, to a building.
Stacks Or Chimneys: Any vertical structure enclosing a flue or flues that carry off smoke or
exhaust from a solid fuel fired heating.
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Subd. 2. Outdoor solid fuel heating devices are prohibited and shall not be installed or
operated within the City of Sauk Rapids.
Subd. 3. All existing solid fuel units installed within City limits at the time of adoption of
this ordinance are required to meet emission standards currently required by the Environmental
Protection Agency (EPA), which are hereby adopted by reference together with any amendments
or modifications made to them in the future.
A.The minimum stack height for any solid fuel-fired heating device shall meet or exceed the
manufacturers’ guidelines.
B.Any existing non-complying stack shall be removed, replaced, or modified within a period
of 60 days from the receipt of a notice generated from the Building Official.
C.All stacks or chimneys must be constructed to withstand high winds or other related
elements.
D.Outdoor solid fuel heating devices may only be used from September 1ST to May 31ST each
year, unless the furnace is being used to provide domestic water service.
E.Only the following materials may be burned in the outdoor solid fuel heating devices:
biomass pellets, corn, firewood, and clean, untreated lumber or other wood product.
F.No outdoor solid fuel-heating device shall be utilized in any manner as a waste incinerator.
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EAGAN
Subd. 10.
Outdoor wood boiler systems.
A.Purpose. This section is intended to ensure that outdoor wood boilers are utilized in a manner
that does not create a public nuisance and is not detrimental to the health, safety and general
welfare of the residents of the city.
B.Definitions. For the purposes of this section, the following definitions shall apply:
1.Clean fuel. Natural dry wood (which has not been painted, varnished or coated with a
similar material, has not been pressure-treated with preservatives and does not contain
artificial resins or glues as in plywood or other composite wood products), corn, wood
pellets, other fuel pellets and other solid fuels approved by the Environmental Protection
Agency.
2.Outdoor wood boiler. An appliance installed out-of-doors and designed to transfer or
provide heat, via liquid or other means, through the burning of clean fuel for heating
purposes. Also known as outdoor hydronic heaters. Outdoor wood boiler does not include
a fire pit or wood-fired barbeque.
3.Public nuisance. An outdoor wood boiler operated or maintained in a manner which
creates any dense smoke, noxious fumes or noxious gas, or releases soot or cinders in
unreasonable quantities.
C.Regulations and requirements. An outdoor wood boiler shall be allowed as a use in all
zoning districts, subject to the following provisions:
1.A building permit must be obtained to assure that all outdoor wood boilers meet
all Minnesota State Building and Fire Codes, and manufacturer's specifications
for installation, and the permit application must include:
(a)A site plan or survey, illustrating the dimensions of the property,
including location of buildings and the wood boiler relative to the lot lines.
(b)Manufacturer's specifications for installation.
(c)Applicable building permit fee.
2.An outdoor wood boiler shall be located at least 300 feet from all property lines.
3.An outdoor wood boiler shall not be operated or maintained in a manner which
creates a public nuisance.
4.An outdoor wood boiler shall burn clean fuel only.
5.Outdoor storage of clean fuel shall be in compliance with City Code
requirements.
6.All requirements for installation and maintenance of the outdoor wood boilers
shall be met, including but not limited to local, state and federal regulations and
manufacturer's specifications.
D.Existing outdoor wood boiler systems. Outdoor wood boilers installed prior to the
adoption of this subdivision shall be operated in compliance with the requirements of this
subdivision, except that the distance requirement set forth in subsection (C) above shall
not apply.
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