Agenda and Work Session Items AGENDA
CHANHASS~ CITY COUNCIL
MONDAY, MAY 12, 2003
CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD
A. Item Deleted **
5:30 P.M. - CITY COUNCIL WORK SESSION, COURTYARD CONFERENCE ROOM
Note: If the City Council does not complete the work session ~ in th~ titn~ allotte~ the
remaining items will be considered after the regular agend~
B. Update on City Code Codification Project.
C. Establish Charge Statement; TH 101 Safety Task Force.
D. Item Deleted **
7:00 P.M. - REGULAR MEETING, CITY COUNCH~ CHAMBERS
CALL TO ORDER (Pledge of Alleeiance}
PUBLIC ANNOI~CEMF~NT$
All items listed under the Consent Agenda are considered to be routine by the city council and
will be considered as one motion. There will be no separate discussion of these items. If
discussion is desired, that item will be removed from the Consent Agenda and conai~
separately. City council action is based on the staff recommendation for each item, Refer to the
council packet for each staff report.
. a.
Approval of 2003 Capital Purchases:
1) Fire Department
2) Public Works
3) IS Department
b. Approve Calling for Bond Sale, O.O. Equipment Certificates, Series 2003.
c. Approval of Antenna Agreement with Carver County for Radio Tower.
d. Item Deleted **
Approval of Minutes:
- City Council Work Session Minutes dated April 28, 2003
- Summary & Verbatim City Council Minutes dated April 28, 2003
Receive Commission Minutes:
- Sunmmxy & Verbatim Planning Commission Minutes dated April 15, 2003
- Verbatim Park & Recreation Commission Minutes dated April 22, 2003
f. Approval of change Order No. 7, Chanhaasen Li~ Project.
g.
Approval of Ease~t Settlement Agreement, TH 101 Trail Project, Roger
Bongard.
h.
Approval of Agreement for Issuanc~ of a Building Permit before Demolition of an
Existing Home, 6480 Yosemite, James & Leann Dake.
VISITOR PRESENTATIONS
1.5 Falun Dafa Week, Ming Johnson
PUBLIC m ARING
.
Consider Request for an Off-Sale 3.2 Malt Liquor License, Chanhassen Citgo,
380 Lake Drive East, Estephan Hark.
1
La Haye Addition; 7551 Great Plains Boulevard; Ernest Pivac, Steven Rogem, and David
& Leslie Kronk:
a.
Public ~g on Vacation of a Portion of Santa Fe Trail Right-of-Way
Approximately 90 feet East of the Intersection of Santa Fe Trail and
Oremt Plain~ Boulevard.
b.
Request for Subdivision of 1.56 Acres into Two Single Family Lots with
Variances.
UNFINISHED BUSINESS
4. Roundhouse Renovation Project, Budget Amendment, Award of Bid.
Naming of the Park in Front of City Hall; Located at the Comer of West 78m Street and
Market Boulevard.
6. Appointments to the Planning Commission.
COUNCIL PRESENTATIONS
ADMINISTRATIVE PRKSENTATIONS
CORRESPONDENCE DISCUSSION
A copy of the staff report and supporting documentation being sent to the city council will be
available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that
your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday.
The following items were published and then deleted from the agenda:
A. Executive Session (5:00 p.m,) - Update on TIF Litigation with Carver County.
D. Water Infrasmacture Improvements.
ld. Approval of Key Financial Strategies.
GUIDEI2N~ FOR VISITOR PRESENTATIONS
Welcome tO th~ Chsnhsssen City Council Meeting. In the interest of open communic~ons, the Chanhas~n City
Council wishes to provide an oppommity for the public to address the City CounciL That opportunity is provided at
every regular City Council meeting during W~sitor PrisOns.
Anyone indicating a desire to speak during Visitor Presemafions will be acknowledged by the Mayor.
When called upon to sp~k~ st~ your name, address, and u~yic. AH remarks shaH be addressed to the City
Council as a whole, not to any specific member(s) or to any person who is not a member of the City
Council.
2. If there arc a number of individnsls present to speak on the ssrn~ topic, please designate a spo~ that
can summarize the issue.
3. Limit your comments to fivc minutes. Additional time may be grantcd at the discretion of the Mayor. If
you have written comments, progide a copy to the Council.
.
During Visitor ~tafions, thc Council and staff listen to comments and will not ~ in discussion.
Council members or thc City Manager may ask questions of you in order to gain a thorough understanding
Please be aware that disrespectful colnments or comme~s of a personal psmre, directed at an individual
either by name or inference, will not be alloy, ed. Personnel concerns should be directed to the City
C 0F
CHII E
PO I~ '147
Chanhassen, Mid 55317
Administration
Phone:. 952.227.1100
Fa)c 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fa~ 952227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952227.1110
Recreation Center
2310 C~lter Boulevard
Phone: 952.227.1400
Fax: 952227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952227.1110
Public Won
1591 Park Road
Phone: 952.227.1300
Fax: 952227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www. cLchanhassen.mn.us
TO:
Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: May 12, 2002
SUB J:
BACKGROUND
City staff is in the process of addressing problems in the code, overlapping code
requirements, need for clarification, or procedural or process and consolidating
the city code. Our overall intent is to try to make the code easier to understand
and use. Staff is preparing a strikethrough and bold format tO assist in the
recognition of proposed changes.
The City contraetexi with Municipal Code Corporation, MCC, to review the code
for conflicts between the code and state statutes. Additionally, MCC was
requested to review for internal conflicts within the code. They prepared an
"Analyzation Memorandum" proposing changes as well as pointing out conflicts
and issues within the code. We have incorporated these changes in the draft
changes. City staff last presented some of this information in November 2002.
RECOMMENDED ACTION
Staff is requesting the City Council review the proposed changes to ~ 1 -
19 and provide comments and direction on these changes.
SUMMARY
Following are summaries of the changes being proposed in each chapter:.
Chapter 1. General Provisions
Chapter 1 contains general definitions., penalties and code amendment
requirements. Staff is proposing that all definitions from the city code be
consolidated in this section, rather than being ~ in each chapter as
currently happens. MCC is pmtx~ing the adoption of a section on Amen~ts
to the code which would specify the format required to amend the code. Staff
believes that these changes are primarily administrative, rather than substantive,
in nature.
The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful padre. A gmat place to live, work, and play.
Todd Gerhardt
May 12, 2003
Code Amendments
Page 2
Chapter 2. Administrative
This chapter deals with organization matters within the city including establishment of city
depaxunents, officers and boards and commissions. Over time, the organization structure and
official titles have changed, but the code has not been revised. Staff is proposing these changes
be made to correspond to the existing organizational smacmre. All appointed commission
regulations and criteria are being consolidated in this section. The commission smicmre is being
proposed much broader than outlined in Chapter 14 (Park Commission), which was more
specific in nature.
This chapter also deals with the urban and rural services district which was last updated in 1995.
Staff worked with the Rural Service District Task Force to review the list of properties included
in this district. A recommerldation for 2003 has be~ mad~ for city council.
Chapter 3. Alarm systems.
No changes being proposed.
Chapter 5. Animals and Fowl
This chapter deals with licensing of kennels and animals. Staff, in working with licensing, has
found that the current system does not correspond with the requirements neces~ to license an
animal and is recommending changes which correspond to city requirements and pmcMces.
Animal Bites: The current code requires that an animal must be qum-antined if the animal has
bitten someone and a report has been fried. Several communities have gone to a home
quarantine if the owner can provide current proof of rabies shots. The home quarantine would
keep the animal separate and indoors, outside on a leash only and accompanied to urinate and
defecate. This addition to the code would reduce the amount of time and cost that the city
spends to have the animal quarantined. This would also save the owner money.
Dangerous Animals: The current c. ode says that all dangerous animals must be registered with
the city public safety department. However, we currently have them register the animals with
Carver County.
Chapter 6. Boats and Waterways.
This chapter deals with city lakes including smicUh-es and boat operations. Staff and MCC are
proposing changes to the code relating to compliance with and conformance to state statutes.
Todd Gerhardt
May 12, 2003
Code Amendments
Page 3
Issues that are reoccurring axe high water and general enforcement including boat launching,
8peed, etc.
The current code says water obstacle permits are issued by the city, section 6-24. The Carver
County Sheriff's water patrol officers currently issue these permits.
The city adopted an emergency no wake ordinance (~72) which was to be issued on a
temporary basis, but which was codified in section 6-56. If the city desires to adopt a no wake
ordinance, it must go through a separate process with the state in order to adopt the regulation.
Chapter 7. Building and Building Regulations.
This chapter deals with building code requirements and the issuance of building permits. Staff is
proposing changes to the chapter to bring the section in compliance with the new Minnesota
State Building Code. Additionally, we are consolidating requirements fi'om other chapters that
deal with building permits. Staff is proposing a requirement that plans for building permits
include impervious surface calculations for a property as a means to review compliance with the
code.
Chapter 7.5. Cable Communications.
This chapter deals with cable franchises within the city. No substantive changes are proposed.
This chapter deals with the Pioneer Cemetery on Gal~ Boulevard. Staff is proposing changes
to the code to clarify city operations and requirements. Ongoing maintenance funding needs to
be clarified, i.e., general fund, since fees paid are not sufficient to meet maintenance obligations.
Chapter 9. Fire Prevention and Protection
This chapter deals with the operation of the city fire department MCC is recommending
additional language to clarify the code. Additional changes regard correct statute and code
citations. There may be additional changes required due to changes in state code requirements.
Chapter 10. Licenses, Permits and Miscellaneous Business Regul.ations
This chapter deals with business licensing in the city for alcoholic beverages, fireworks,
. peddlers, solicitors and transient merchants, gambling, sexually oriented businesses, and lawn
fertilizers. MCC has proposed changes to the chapter to con-espond with state statutes and rules
regarding licensing for alcoholic beverages
There are some due process and equal protection questions surrounding the characteristics
regarding nonprofit and religious organizations regarding soliciting and gambling.
Todd Gerhardt
May 12, 2003
Code Amendments
Page 4
Staff has been discussing the idea of expanding the permit requirements for mmsient merchants
and peddlers to include individuals who sell services door to door in response to complaints from
city residents. On'mntly, such businesses are exempt from the licensing requirements, since only
the selling of products is covered. The city does approximately 75 licenses per year. For each
license, the city does a background check on thc individual. If we were to expand thc licensing
requirements to services, personal services (massage), contractors, insurance agents, cleaning
services, etc., staff estimates that the number of permits would double.
Staff has looked into purchasing a machine to provide photographic identification cards for
·
permitees. This machine could also be used by the city to create employee identification cards,
which may be appropriate due to Homeland security issues. The cost of the machine is $3,000
with approximately $300 in material.
The current fee for permits is $50.00 per applicant. Even without the expansion of the permit
requirements, thc city should increame thc permit fee to $90.00 per applicant. Thc city could pay
for the cost of the card machine, over a two year period, if it increased the permit fee to $100.00.
The atwmey's office is proposing changes to the sexually oriented business section of the
ordinance to tighten the code. There are some issues regarding whether portions of the ordinance
are enforceable.
Chapter 11. Miscellaneous Provisions.
This chapter deals with curfew and firearms. The city regulation of firearms is preempted by
state statutes. Changes are being proposed to bring the city code into conformance with the
county and to clarify curfew hours.
Chapter 12. Motor Vehicles and Traffic.
This chapter deals with ~tion of motor vehicles within the city, street parking regulations,
and snowmobiles. Changes are being proposed to conform to state statutes and regulations and
references to appropriate state agencies.
Chapter 13. Nuisances
This chapter deals with nuisances and city enforcement. A separate section is being proposed in
Chapter 7 for snow and ice removal from sidewalks. A draft noise ordinance was included at the
end of this chapter. However, the city attorney's office is reviewing these to determine if they
should be left in the nuisance enumeration section (13-2) or in the new sections (13-51 and 13-
52). Staff has pointed out addifi~ areas where there is duplication in other sections of the
Todd Ggrhardt
May 12, 2003
Code Amendments
Page 5
code. Staff has deleted previous proposed section that would have requireA additional training,
equipment, or personnel.
Animal Noise: The current city code states "No person shall keep any animal that unreas~ly
disturbs the comfort or repose of any person by its frequent or continued noise." Under this
section it states the specific time frames and distances that would classify the animal as a
nuisance. The ordinance has been expanded to provide more clarification.
Motor Vehicle Noise: The current ordinance does not specify loud noise that is produced from
an exhaust of any motor vehicle. The majority of the complaints are in regards to semi's
producing loud/excessive noise by the means of "Jake Braking." The attorney's office has
drafteA additional language to address vehicle noise.
Chaptem' 14. Parks and Recreation.
This chapter deals with the Parks and Recreation Commission and park roles. Staff is proposing
changes to correspond with city policies and groc~res and to comply with state statutes. The
Park Commission structure is being consolidated in Chapter 2.
Chapter 15. Planning and Development.
This chapter deals with the Plarming Commission and official maps. Changes are being
proposed to correctly cite state statutes and delete unnecessary language. The Planning
Commission structure is being consolidated in Chapter 2.
Chapter 16. Solid Waste.
This chapter deals with solid waste collection and disposal including operating requirements,
licensing and recycling. Changes are being proposed to clarify definitions which will be
incorpomteA in Chapter 1.
Chapter 17. Street and Sidewalks.
This chapter deals with permitting for construction within the street right-of-way. Moving of
buildings is covered by this chapter. Staff is proposing that moving of buildings be approved
administratively, rather than by city council action. The moving of structures is permitted
pursuant to compliance with city code and state building code. Additionally, Article IV is being
proposed addressing removal of snow and ice from sidewalks.
Chapter 18. Subdivisions
This chapter deals with the subdivision of land within the city. The majority of the proposed
changes deal with procedmal issues. The substantive changes include changes to the
Todd Gerhardt
May 12, 2003
Code Amendments
Page 6
landscaping and tree protection s~on of the ordinance and the requirement that sidewalks be
required in all new developments. The Planning Commission recommended that the city adopt
the largest slxeet width standards for minor ax~tefial and local streeC Staff has proposed that we
adopt our standard detail plate dimensions. Staff has proposed language to clarify that the 60 x
60 foot building pad was for tree removal calculations.
Chapter 19.Water, Sewer and Sewage Disposal
This chapter deals with municipal water and sewer service and individual septic ~t
systems (ISTS). Many of these requirements are covered by state caxt~ and may be deleted.
The proposed changes implement state requirements.
ATFA~
Draft Changes Chapters 1 - 19 of the Chanhas~n City Code
Code Amendments
Changes being proposed:
12/27/02
4/17103
511/03
516/03
additions are shown in bold, deletions are shown as
Section 1-2. Rules of construction and definitions
Ci~ engineer. References to the city engineer, director of public works or public
works director are to the director of public works/city engineer.
Detriment ofpublic works. The department of public works shall consist of both
the public works department and engineering department.
Oj~ials, offwers, departments, employees, boards, commissions, etc. Whenever
reference is made to officials, employees, boards, commissions or other agencies of the
city by title only, i.e., "mayor," "city manager," "clerk," "chief of police," etc., they shall
be deemed to refer to the officials, officers, depar~enl~, employees, boards,
commissions or other agencies of this city.
Statutes. References t~ "statutes" or to "M.S." arc to the Minnesota Statues, as amended
unless otherwise specified.
Number. A word importing the singular number only may extend and be applied to
several persons or things as well as to one (1) person md or thing. A word importing
the plural number only may extend and be applied to one person or thing as well as
several persons or things.
Person. The word '~rson" means any human being and may extend and be applied to
bodies politic and corporate, and to parmetshtps and other unincorporated
Public works d/rector. References to the city engineer, director of public works or
public works director are to the director of public works/city engineer.
Sidewalk. The word "sidewalk" means a pedestrian way, public or private, designed or
intended for the principal use of pedestrians. "Sidewalk" also includes that portion of a
street between the curb lines, or the lateral lines of a roadway, and the adjacent property
lines intended for the use of pedestriamu
Section 1-4.
The catchlines of the several sections of this Code printed in boldface type are intended
as mere catchwords to indicate the contents of the section. ~ Catchlines,
u:~. ..... · ..... ~ .... shall not be deemed or taken to be the rifles of such sections,
nor as any part of the section, nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are amended or reenactecC No
provision of this Code shall be held Invalid by reason of defldency in any such
catehllne or in any heading or title to any chap~, article or division. The history
notes appearing in parentheses after sections in this Code are not intended to have
legal effect but are merely intended to indicate the source of matter contained in the
sections. The editor's notes, cross references and state law references in this Code
are not intended to have any legal effect but are merely intended to assist the user of
See. 1-6. Ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
(1) Promising or guaranteeing the payment of money by or to the city, or authorizing
the issuance of any bonds of the city or any evidence of the city's indebtedness, or any
contract or obligation assumed by the city;
(2) Appropriating funds or establishing or rel .ating to the annual budget;
Imposing taxes which are not inconsistent with this Code;
(4) Establishing positions, class~g employees or setting salaries;
(6)
Granting a franchise;
Dedicating, naming, establishing, locating, relocating, opening, paving, widening,
or vacating any street or public way,
(7) Establishing or prescribing street grades;
(8) Providing for local improvements and assessing taxes therefor;
(9) Prescribing through streets, pm'king prohibitions, parking limitations, one-way
streets, speed limits, load limits or loading zones not inconsistent with this Code;
(11) D~licating, ~ting or rej~dng any plat or subdivision;
(12) Annexing or ~mnexing prop~;
(13) Providing for a survival plan or relating to ~vil d~fon~ or ~vil ck~f~
emergencies;
(14) Rezoning specific property.
(15) Whose purpose has been accomplished;
(16) Which is special although permanent in effect;
(17) Which is temporary although general in effect;
and all such ordinances are recognized as continuing in full force and effect to the same
extent as if set out at length herein.
Section 1-9
Whenever in this Code any act is prohibited or is made or declareA to be unlawful or an
offense or a misdemeanor, or whenever in this Code the doing of any act is required or
the failure to do any act is declared to be unlawful or an offense, where no specific
penalty is provided therefor, the violation of any such provision of this Code shall be a
misdemeanor punishable to the maximum extent authorized in ~'~: ..... ...~q~'4'~"~Bl'~' .... ~'l~h--
~yll ll'l~ ~]] ]~
MS. ~412.231, as modified by M.S. § 609.034. Each day of any violation continues is a
separate offense.
Section 1-10.
It is declared to be the intent of the city council that if any section, subsection, sentence,
clause, phrase or portion of this Code or any ordinance is held or declared to be
unconstitutional, inoperative or void, such holding or invalidity shall not affect the
remaining portions of this Code or any ordinance, and it shall be construed to .have been
the legislative intent to pass this Code or the ordinance without the unconstitutional,
invalid or inoperative part therein, and the remainder of this Code or the ordinance after
the exclusion of such part or parts shall be deemed and beld to be valid as if such part or
parts had not been included herein~ uules~ the court finds the valid proviMon~ of the
law are so essentially and inseparably connected with, and ~o dependent upon~ the
void provisions that the court cannot presume the legislalm~ would have enactat
the remaining valid provisions without the void one; or unless the court finds the
remaining valid provisions, standing alone, are incomplete and are incapable of
being executed in accordance with the leghflative intent If this Code or any ordinance
or provision thereof is beld inapplicable to any person, group of persons, property of kind
of property, or circumstances or set of circumstances, such holding shall not affect the
applicability hereof to any other person, property or circumstance.
New Section between 1-10 and 1-11.
Section 1-10.5. Amendments to Code
Any and all additions and amendments to this Code, when passed in such a form as
to indicated the intention of the city council to make such additions or amendments
a part of thi~ Code, shall be deemed to be incorporated in this Code so that
reference to the Code shall be understood and intended to include such additions
All ordinances passed subsequent to the adoption of this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with the numbering
system of this Code and printed for inclusion therei~ When subsequent ordinances
repeal any chapter, sectio~ mdxlivision, paragraph or any portion thereof, such
repealed portions may be excluded f~om the Code by the omission thereof from
reprinted pages.
Amendments to any of the provisions of this Code may be made by amending such
provisions by specific referen~ to the section number of this Code in substantially
the following language: 'ffhe section of the City Code, City of
ChanhasseJl, Minnesota, is hereby amended to read as follows: .... "The new
provisions shall be then set out in full
If a new section not then existing in the Code is added, the following language may
be used: '~3zat the City Code, City of Chanhassen, Minnesota, is hereby ~ed
by adding a section to be numbered , which shall read as follows: .... "
The new section may then be set out in full
All chapters, sections, subdivision, paragraphs or provisions desired to be repealed
must be specifically repealed by chapter, section, subdivision or paragraph number,
as the case may be,
Chapter 2. Administration
Section 2-3
Unless otherwise provided by city code, Robert's Rules of Order, mNewly ~Revised, 9~
Tenth eEdition, shall govern the conduct of procedure of all meeting of the city council.
Section 2-16. DepOts and offices established
Thom are established the following city depmtments and officers:
(1) General ~dministratioth which shall include the city mataig~ elerlrdoRy manager
oter-k;
(2) Department of park and ~on which shall include the park and recreation
"'"'~:""*'"' ~r;
(3) Depamnent of finance, which shall inclucl~ the riD' ~a~...~'~'-,.r finance director and
an account clerk;
(4) Ptanaiag Communlt~ Development d~~t, which shall include a
,,.,4 ,~..~; ..... · 1 .... ~omlmlnity development director and a building offidal;
(5) Department of public works which shall include a director of public works/city
engineer;
a fire chief; and
/'~"~'~ ~l,.;I,.~.;..~q~.x. ,"1,~..'-,',--~- .... .(- ..,i.,L,,1., ,,1.,,-,11 ..;..iq..~a.111.~, ~ "~11,,~1~1,,; .... .~1 ..,-.~;~,~ ,..,.1~;,.,;,.,1.
v ~ ~VJ~'I~' ~ ~l IWII~ WI~ ~'llll~
(8 7) Such other departments and offi~ as established by state law or ~ty ordinance.
Section 2-20. Enforcement of city cod~.
The city manager or city manag~'s designee, peace officers, part time peace officers,
reserve officers, community service officers, ~.-.~ ..... ,
development director, building ~ official, public works director, fire inspectar
officers within their job descriptions or as otherwise authorized by ordinance, are
expressly authorized to institute in the name of the city any appwpri~ actions, civil or
criminal, including the issuance of citation in lieu of arrest against a person, finn or
corporation who violates any provision of this City Code. Pursuit of one (1) remedy shall
not bar or act as a limitation on any other remedy the city may have at law.
Sec 2-46.01. C~nemlly. The Council determines the duties and exercisez the
powers of adminizt~tive boards or eommi~d_'ons. However, the Council may
establish boards or eommi~lions as set forth in this Section to investigate subjects or
to perform quasi-judicial functions. Additional administrative boards or
commissions shall be established as required by law or for the admini~tl'aflon of a
municipal function jointly shared with another political subdivision.
Sec.2-46.03. Planning Commbzsion.
Subd. 1. Commi~don ~lished. The ~ Commi~ton is ~]ished
pursuant to the 1Vlinnesota Municipal Planning Act, and has the powers and duties
assigned to it by that Act, by this Code, and state law. The Planning Commtg~ion is
hereby designated the planning agency of the City pursuant to the Municipal
Planning Act.
Subd. 2. Membership. The Planning Commission consists of seven members
appointed in the manner set forth in this subsection. Members of the Commission
are appointed by the Council for staggered terms of three years, expiring on March
~1~ of each year.
Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the
Planning Commi~ion are appointed by the Commigsi_ on from among its
membership for the term of one year. The Commi~ion shall adopt its own bylaws
with the approval of the City Council All members of the Commt _~ion may vote on
all questions before the Commigsion~ No member of the Commi~don may vote on
any question in which the member has fiduciary interest, either directly or
indirectly. The Commi~don shall determine in its bylaws the date and time of its
meetings and shall set such public hearings as are necessary and desirable, or as
required by law or this Code.
Subd. 4. Powers and Duties. The IRanning Commig~ion shall have the
powers and duties allowed under State law, including:
(a)
To prepare a Comprehensive Plan for the future development of the
City that is submitted to the Council for implementation and to
recommend amendments of the Plan to the Council grom time to time
as may be necessary or desirable.
(b)
To initiate, direct, and review, from lime to time, a study of the
provisions of the Zoning Code and the subdivision regulations and to
report to the Council its advice and l'ecomm~flOn~ with
thereto.
(c)
To study applications and proposals for amendments to the Zoning
Code and applications for special permits and to advise the Council of
its recommendations thereon.
(d)
To study prelimizmry and final plats and to advise the Council of its
recommendations thereof.
(e)
To act in an advisory capacity to the Council in all matters wherein
powers are assigned to the Council by state law concerning
comprehensive planning, zoning, p~ changes in streets, and
other matters of a general planning nature.
Subd. 5. Reports. The Commission shall make an annual written report to
the Council, not later than March 31~t of each calendar year, containing the
Commi~_ion*s recommendations for the ensuing year.
Sec 2-26.05. Park and Recreation ~omminsIon.
Subd. 1. Creation. There is estab~ed a Park and Recreation Commisqdon
for the City.
Subd. 2. Membership. The Park and Recreation Commis~ion consists of
seven members appointed in the manner set forth in this subsection. Members of
the Commi~don are appointed by the Council for staggered terms of three years
expiring on March 31~t of each year.
Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the
Park & Recreation Commigsi_ on are appointed by the Commigsion from among its
membership for the term of one year. The Commiso~ion shah adopt its own bylaws
with the approval of the City CounciL All members of the Commi~i_ on may vote on
all questions before the Commimd_ on. No member of the CommigM_ on may vote on
any question in which the member has fiduciary interest, either directly or
indirectly. The Commigston shall determine in its bylaws the date and time of its
meetings and shall set such public hearings as are necessary and desirable or as
required by law or this Code.
Subd. 4. Powers and Duties. The Park and Recreation Commission shah
have the following powers and duties:
(a)
To hold meetings of its members, to consider such matters pertaining
to parks and public recreation programs in the City as shall be
referred to the Comminslon by the Council, or as the members of the
Comminslon themselves deem proper.
(b)
To prepare a comprehensive plan for the future development of the
City park and recreation system, to be submitted to the City Council
for implementation, and to nmintain said plan, and recommend
amendments of the plan to the City Council, as may become necessary
or desirable-
(c)
To act in an advisory capacity to the Council in all matters relating to
park and recreation in the City.
Subd. $. Reports. The Commission shall make an annual written report to
the Council, not later than March 31'~ of each calendar year, containing the
Commission's recommendations for the ensuing year.
Sec.2-26.07. Board of Adjustments and Appeals. ~t to Minnesota Statutes,
Section 462.354, a Board of Adjustments and Appeals is hereby established. The
Planning Commi~si~ on shah serve as the Board of Adjttstments and Appeals.
Sec.2-26.09 Environmental Commission-
Subd. 1. Commixsion Esiltblished. The Environmental Commission is
established to provide the residents of Chanhassen with opportunities to improve
the quality of their environment, address issues that affect the city's natural
resources, provide environmental education to the public, bring a comprehensive
perspective to environmental issues, and advocate the benefits and necessity of
C~ 's natural resourc~
Subd. 2. Membership. The Environmental Commission ~onsist8 of 8evell
members appointed in the manner set forth in this subsection. Members of the
Commi~qion are appointed by the Council for staggered terms of three years
expiring on March 31't of each year.
Subd. 3. Officers; Meeting~ The Chairperson and Vice Chairperson of the
Environmental Commission are appointed by the Commissi~ on from among its
membership for the term of one year. The Commission shall adopt its own bylaws
with the approval of the City Council Ail members of the Commi~q~i~ on may vote on
all questions before the Commip~sion. No member of the Commission may vote on
any question in which the member has fiduciary intexest, either directly or
indirectly. The Commission shall determine in its bylaws the date and time of its
meetings and shall set such public hearings as are necessary and desirable or as
required by law or this Code.
Subd. 4. Powers and Duties. The Environmental Commi~don has the
following powers and duties:
(a) The Enviromne~tal Commigsion shall serve as an advisory body to the City
Council and lqanning Commi~don in addressing the needs of the
environment as directed by the City Council All final decisions are to be
made by the City Council
Co)The Enviromnental Commission will consider and make
recommmdaflom at the direction of the City Council regarding
environmental issues.
(c)
The Environmentnl Commi~don wm make reco~om at the
direction of the City Council regarding funding for environmental
projects.
(d) The Environmental Commis~i_ on may propose studies to the City Council
and make recommendatiom according to the remdts.
(e) The Environmental Comm _kslon will coordinate services with other
governmental and private agencies for related issues.
SulxL ~. Reports. The Environm~tal Commission shah make an annual wri~
report to the CounciL, not later than ]March 31't of each calendar year, containing the
Commlanion*8 recommendations for the ensuing year.
Sec.2-26.11 Senior ~,ommla~i~on.
Subd. 1. Commi~ion Established. The Senior Commi~_'on serves as an
advisory body to the City Council in addressing the special needs of people over age
regarding the special needs of seniors in the areas of transpo~n, information and
assistance, independent living in the home, social and ~onal programs, senior
centex and senior housing, but are not limited to these lsmies. Ali ~ ded~ns are
made by the City Council
Subd. 2. Membership. The Senior CommisMon consists of seven n~
appointed in the manner set forth in this subsection. ]Vle. nd~ of the Commission
are appointed by the Council for stagger~ terms of three years, expiring on March
31st of each year.
Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the
Senior Commission are appointed by the Commi~d_ on from among its memhexship
for the term of one year. The Commi~d_ on shall adopt its own bylaws with the
approval of the City Council All members of the Commi~i~ on may vote on all
questions before the Commi~fiOlL No member of the Commi~i_ on may vote on any
question in which the member has fiduciary interest, either directly or indirectly.
The Commi~sion shall determine in its bylaws the date and time of its meetings and
10
shall set such public hearings as are necessary and desirable or as required by law
or this Code.
Subd. 4. Powers and Duties. The Senior Commi~flon shah have the
following powers and duties:
(a) They make recommendations to the City Council regarding funding for
special services to be provided for citizem over age
Co) They may propose needs studies for this age group where necessary and
make recommendations to the City Council based on the results.
(c) They coordinate services with other governments and private agencies for
this age group.
Subd. 5. Reports. The Commission shall make an annual written report to
the Council, not later than the hst day of March of each calendar year, containing
the Commi~qion*s recommendations for the ensuing year.
See. 2-26.13 Public Safety. C~ommi~sion
Subd 1. Commi~qion Estflb]i~ed. The Public Safety Commi~i_ on shah assist
the city nmsmgex, or the city manager's designee, in prelmrlng a work program
outlining activities it proposes to und~
Subd. 2. Membership. The Public Safety Commissi_ 'on consists of seven
members appointed by the city council, who shall be residents of the city who are
neither city officials, employees of the city, nor employees of a police agency.
Members of the Commission are appointed by the Council for staggered terms of
three years, expiring on March 31st of each year.
Subd. 3. Offlce~; Meetings.
(a) The Chairperson and Vice Chairperson of the Public Safety Commi~i_ on
fire appointed by the Commisod_ on from among its members for a term of
one year. The Commi~sion shall adopt its own rules and procedures with
the approval of the Council All members of the Commi~ion may vote on
nil questions before the Commi~qion~ No member of the Comrrds~ion may
vote on any question in which the member has fiduciary interest, either
directly or indirectly. The Commig~ion shall determine in their bylaws
the date and time of its meetings and shah set such public hearings as are
necessary and desirable or as required by law or this Code.
(b) The Commi~qion shah hoM at least one (1) regular meeting each month.
It shall adopt rules for the transaction of business and shall keep a record
11
of its resolutions, transactions and findin~ which shall become public
record.
Subd. 4. Powers and Duties. The Public Safety Commt~sion shall have the
following powers and duties:
(a) Needs and prioritization of available public safety personnel hours to best
meet those needs;
(b) The facilitation of improved city/public safety communicatiom;
(c) Make recommendations for changes in the present police services contract
rate program and the monitoring of costs of other public safety protection
(d) The maintenance of statistics (national, sta~ metro, local);
(e) The promotion of public safety and community ed~on programs;
(f) The conduct of research for the city council on public safety matters;
Subd. 5. Reports. The Commi~ion aha]] make an annual written report to the
Council, not later than March 31't of each calendar year, containing the
C~mmission*s recommendations for the ensuing year.
Sec. 2-26.1S ReMgm~iom and Removal erom Commi~liol~. Commi~tioners may
resign voluntarily or may be removed from office by a majority vote of the City
Council Vacancies on any advisory board or commi~ion shall be filled by
appointment with a majority vote of the City Council Vacancies shall be
announced in the city's official newspaper and posted within City HaIL Applications
shall be available at the City Clerk's office and shall be forwarded to the City
Sec. 2-26.17 Compex~tion~ Commi~lioner~ shall serve without compensation.
Section 2-31. Special assessments for certain services
In addition to any other method authorized by law, the city council may, by ~
ordinance, order the performance of any of the services or work enumera~ in
12
Minnesota Statutes section 429.101, subdivision 1. The performance bythe city of any
of the foregoing services or work shall constitute a special benefit for which a special
assessment for the collection of the cost thereof may be levied against the ~.
See. 2-32. Urban and rural service distriet~
(a) The city is divided into an urban service district and a mml service district,
constituting separate taxing districts for the purpose of all municipal pmpegy taxes
except those levied for the payment of bonds and judgments and interest thereon. The
urban service district includes all properties within the Carver County limits in the city
except those set forth by ordinance as the rural service district. The rural service district
shall include only such unplatted lands, which need not be contiguous to one another, as
13
in the judgment of the council at the time of adoption of the ordinance are rural in
character, and are not developed for commercial, industrial or urban residential purposes,
and for these reasons are not benefit~ to the same degree as other lands by municipal
services financed by general taxation. The council finds that only property put to the
following uses is rural in character:. A parcel on which ninety (90) percent of the tillable
land is used for growing corn, grain, or deed crops; a parcel where the principal use is
raising poultry, cattle, sheep, or swine; a parcel which is enrolled in the Federal
Conservation Reserve Program. '~Rural in character" specifically does not include
property served by public sewer or water, tree farms, nurseries, hobby farms, and
property whose principal use is residential. A dwelling on land that does not qualify for
taxation under the state agricultural property tax law shall be considered urban
residential.
The city council finds that as of x, ..... ~.~. ~ ~ ~ nat
......... , .... Janum-y 1, 2003, the parcels
identified on a list dated.,.,, ~..~,~.xT ..... ~.~. -~,~ ~ ...~ aac January 1, 2003, entitled 'Rural Service
Districts" on file with the city clerk are in the mml service district.
Whenever any parcel of land included in the rural service district is platted, in whole or in
part, or whenever application is made for a permit for the construction of commercial,
industrial or urban residential building or improvement to be situated on such parcel or
any part thereof, or whenever such building or improvement is commenced without a
permit, the council shall make and enter an order by resolution transferring such platted
or improved parcel from the ~ service disuict to the urban service district.
In the judgement of the council, the ratio that exists between the benefits resulting from
tax supported municipal service to parcels in the rural service district to parcels in the
urban service district is ~:-~' t~m seventy-five (75) percent, plus any municipal property
taxes levied for payments of bonds and judgements, and interest thereon.
nag January 1, 2003, Rural Service District
PID Number Owner
25.0020200
Westwood Community Church
principal use is residential
14
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~+ ....... n~-- ~ B~~S P~k
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Oayle & ~is
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Chaptex 2, ARTICI .R IV. Board and Commigaioms
Division 2. '-' ....: .... ~ 0~,4 .... 1 .... + Economic Deve~pment Authority
15
Sec. 2-56
The city ~'.,.,...o,,,e; .... .~,...,~ .,.~'-~ .......,.,,~..,..,'---"---+ e~onomic development authority is authorized to
exercise on behalf of the city all of the powers conferred by Minnesota Statures section
462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and
program and to issue and sell mortgage revenue bonds for single family homing.
Public Safety Commission
Sec. 2-68 Membership.
(a) The public safety commission shall be appointed by the city council and consist of seven
(7) voting members who shall be residents of the city who am neither city officials, employees of
the city, or employees of the police agency.
(b) The term of the councllmember of the commission shall be three (3) years, or such shorter
pedod of time as may coincide with the councilmernber's term of office as a member of the city
council.
(c) Commission members shall hold office until their successors have been appointed and
qualified. Each vacancy in an unexpired term shall be filled In the same manner in which the
orlginal appointment was made.
16
Chapter 3. Alarm Systems
Chapt~ 4
Chapter 5, Animals and Fowl
Sec. 5-16 definitions
Private kennel ~s any place where either
· More than two (2) dogs; or
A combination of four dogs or cats over six (6) months of age are kept or
harbored, provided such animals are owned by the owner of lessee of the premises
on which they are kept
Sec. 5-18, Kennel License Co)
Kennel licenses shall expire on Deeember 31 'Ze..A. T2! ?.0 ne. xt following their issuance.
Upon application for renewal of a kennel license, an authorized city employee shall
inspect the kennel of the applicant. The employee shall submit to the city clerk either an
affirmative certification that the kennel is maintained in a neat, orderly, and safe
condition, or a negative certification that said kennel is not so main~~ The city clerk
may issue a mnew~ kennel license provided that:
The certificateion is affirmative; and
No complaints have been received by the city.
In all other cases, the kennel license shall be ~ issued only upon city council
approval.
17
Sec. 5-39 Same- Humans bitten.
(a) Notwithstanding section 5-38, whenever any person owning, possessing or harboring
any dog or cat within the city shall learn that such animal has bitten any human being,
such person shall immediately impound such animal for a period of ten (1 O) days separate
and apart from other animals under the supervision of a licensed veterinarian until it is
determined whether the animal had or has rabies. If the ~ is found to be rabid, it
shall be destroyed. If the owner can provide current proof of rabies shots, the owner
may in~ltute home quarantine for the 10 day period. As part of the home
quarantive, the owner would need to keep the animal separate and indoors, may
only take the animal outside on a leash accompanied by an adult to urinate and
defecate.
Co) The owner shall notify the city police and animal control officer of such
impoundment.
(c) If thc owner cannot be advised of the animal bite within the two (2) hours following
the occurrence, or if the owner fails to impound the animal as required by this section, the
city police or animal control officers shall cause such animal to be so impounded. If the
animal is found to be rabid, it shall be destroyed. If it is found not to be rabid, it shall be
returned to the owner provided the owner shall first pay for the cost of keeping said
animal. If the owner does not pay such cost within five (5) days after he has been notified
to claim or retrieve his animal, the animal may be disposed of as provided in this article.
Sec. 5-53. Fee. (a)
The annual fee for a dog or cat license shall be established by resolution. It shall be the
duty of each owner of a dog or cat to pay the license fee each year to the city in the
or upon acq~ng ownership or possession of any unlicensed animal or upon establishing
18
eeeh-yee~. Owners of dogs or cats that ar~ not li~ in accordanc~ with this division
shall pay a lat~ f~ in thc amount ~stablishcd by r~solution except if thc ~ has b~n
impounded a~d not lic~n~ in which cas~ s~don 5-54 shall govern.
Sec. 5-54. Term.
Dog or cat licenses shall expire annually~_,~. ^.r..~--~ ~ -~'+--~-~- following their issuance on
the anniversary date the rabies vaccination was given.
Sec. 5-55. Receipts and tags.
(a) Upon payment of the license fee, the owner of a licenseA dog or cat shall be furnished
e --~-v-,'~:"* +.._~,~-.,~e----,,~- '.',4~h a suitable tag. Thc owner shall cause the tag w be a~xed by a
permanent fastening to thc collar of the dog or cat so licensed in a manner that the tag
may easily be seen by the officers of the city. The owner shall see that the tag is
constantly worn by the dog or cat.
Sec. 5-78. Registration.
All dangerous animals must be registered with +"~--~ ~--J~" .... r ..... "~:~ ~;~*"~.j Carver County
Sheriff's depamnent within sixty (60) days after the effective date of this division.
19
Sec. 6-1. Definitions.
Chapter 6. Boats and Waterways
Lake means any body of water lying wholly within the city and all parts, bays and
channels thereof. Lakes shall not include streams or rivers or other man-made water
bodies such as storm water ponds.
Sec. 6-22. Nonconforming docks.
(c) On cr ~'~"'- ~',.mz ~ ~,~n~ All docks ""* "~-""~ ..... ~---:-~ ~
...... , .... , ...... : ........... e, ,~ must conform to
setback ments mu~t .,.,~.,~, ...: -- +-- cc,--...- ~n. cc ........ ~ ......
Sec. 6-26. Docks
Add: (g) A~ess across wetlands shall be subject to the standards set forth in smton
20405.
Sec. 6-27. Mooring, docking, etc., of watercm~
No watemmff shall be moored or docked overnight on the water of any lake unless it is
currently registered pursuant to Minnesota chapter 351 86B either in the name of the
owner of the lakeshore site in from of which the walemmft is moored or docked, or in the
name of a blood relative of the owner.
Sec. 6-46. State law incorporated.
The provisions of Minnesota Statutes chapter 351 ~ and the rules and
regulations of the state depamnent of natural resources promulgated thereunder are
hereby incorporated herein and made a part of this chapter.
21
Sec. 6-48. Operation near shoreline.
Operation of motorized watercraft within one hundred (100) feet of any shoreline
shall be limited to emerging straight out from and straight towards the shoreline, or slow-
no wake operation. Operation of personal wa~ within one hundred ~ (1~)
feet of any shoreline shall be limited to emerging straight out fi'om and straight
towards the shoreline, or slow-no wake operation.
Sec. 6-49. Slow-No wake areas.
No person shall ~ a watercr~ in any mar~ slow-no wake areas in excess of
slow--no wake speed. Slow-no wake areas shall be marked in acco~~ with the
applicable regulations of the state department of natural reso~. The location and
boundaries of each slow--no wake area established are shown on that cem~ map entitled
Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city
hall. The map and all notations, references and data thereon are hereby incorporated by
reference into this article and shall have the same force and effect as ff fully set forth and
descri~ herein.
Emergency Slow-No wake areas may be established by resolution of the City
Council and shall be marked in accordance with the appropriate regulations of the
state department of natural reso~ and posted at all public accesses.
Sec. 6-50. SpeecC
No person shall operate a watercraft at a speed which exceeds the following limitations:
(1) All areas in lakes ia mark~ "slow-no wake" amos, slow - no wake;
Sec. 6-55. Personal floatation devices.
22
No person shall be towed, or shall operate a watercraft towing a person on any
such device unless the person being towed is wearing a U.S. United States Coast Guard
approved type I, H, ITl or V person~ floatafi~ device.
vi .L~.LALLL vvv .Lbo ~/.L L3A.Aq.r&%;
23
Chapter 7. Building and Building Regulations
Sec. 7-16. e,,... ~ ,...., .. ,...,....,..~ k....~:._-.....~ Application, Admhlintratlon and
Enforcement.
~e o-~+ ,~--* :-~ ~,111
Il tJl,,~b Ik.;&d,k ~&& J.q,4.AJ.o
/'1% m ...... ,4 I
(a) The application, administration, and enfoFcement of the buildJn~ code shall be
in accordance with Minnesota Rule Chapter 1300. The code shall be enfo~ within
the extraterritorial limits permitted by Minnesota Statutes, 16B.62, Sulxlivision 1,
when so established by this ordinanc~
Co) The code enforcemmt agency of the City of Chsnlmssen is called the
Community Devdopment Dep~ent, Innpections Division.
(c) Thi. code shall be enforced by the lVllnnesota ~ed Building Official
designated by the City of Chanlmssen to administer the code (~lnnesota Statute
16B.65 Subdivision 1).
(d) A violation of the code is a mlademeanor.
Sec. 7-17. "~"""*':-"" .... -; '-'; .... + Permits and Fees
v & ~)iA~ I.L/U M.l~ VZ & M. LJLIi&
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I I IV ~ VII
U IV ~lll~ll IU VIIIVltl
(a) The issuance of permits and the collection of fees shall be as authorized in
Minnesota Statutes, 16B.62, Subdivision 1. The fees to be paid to the city for
building permits and inspections shall be as established by resolution of the City
Co) An investigation fee, in addition to the permit fee, shall be collected whenever
any work for which a permit is required by this code has been commenced without
first obtaining said permit. The investigation fee shall be equal to the amount of the
permit fee required by this code. The payment of such investigation fee shah not
exempt any person from compliance with all other provisions of this code nor iYom
any penalty prescribed by law.
(c) A re-inspection fee may be assessed for each re-info,don when such portion
of work for which inspection is called is not complete or when corrections called for
are not made. Re-inspection fees may be assessed when the inspection record card is
not readily available, approved plans, are not readily available, failure to provide
access on the date for which im~ction is requested, or for deviating from plans
requiring the approval of the building official The fee shall be as established in
Table I-A of the 1997 Uniform Building Code.
(d) Fee refunds may be authorized by the Building Official of any fee paid
hereunder which was erroneously paid or collected. The Building Official may
authorize refunding of not more than 80 ~t of the permit fee paid when no
work has been done under a permit issued in accordance with this code. The
Building Official shall not authorize refunding of any fee paid except on written
application filed by the original permittee not lat~ than 180 days after the date of
fee payment.
Sec. 7-18. Pees. Building Code.
25
(a) The 2003 ~linnesota State Building Code, established pursuant to ]Vlinnesotn
Statutes 16B$9 to 16B.75, is hereby ndopted ns the building ~xle for the City of
Chnnhnssen. The code is hereby incorporated in this ordinnnce ns ff rally set out
herein.
The 2003 Minnesota State Building Code includes the following chapters of
Minne~ota Rules:
1.1300-
2. 1~1 -
3. 1~2 -
4. 1~3 -
S. 1~5 -
6. 1~6 -
7.1307-
8.1309
9. 1311
10. 1315
11. 132S
12. 1330
13. 1335
14. 1341
15. 1346
16. 1350
17. 1360
18. 1361
19. 1370
20. 4715
21.
Administration of the Minnesota State Bm2dlng Code;
Building Official Certification;
State Building Construction Approvals;
1VIinnesota Provlsionn;
Adoption of the 2000 International Building Code;
Special Fire Protection Systems;
Elevators and Related Devices;
- Adoption of the 2000 Interna~nal Res/dent/al Code;
- Adoption of the 2000 Cytddelines for the Rehabilgation of Existing
Buildings;
- Adoption of the 2002 National Ele~ Code;
- Solar Energy Systen~;
- Fallout Shdters;
. Minnesota Accessibility Code;
- Adoption of the Minmsota State Mechanical Code;
- Manufactured Homes;
-Prefabrieated Structures;
- Industrlal~d/Modul~ Buildings;
- Storm Shelters (Manufactured Home Parks);
- iVfinnesota Phlmbil~ Code;
7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code
(b) The City of Chanhassen adopts by reference the following optional chapter of the
2003 Minnesota State Building Code: Minnesota Rules Chapter 1306 - Special Fire
Protection Systems, including 1306. 0020 Subp. 2 and 1306.0030 E. Option 1.
Sec. 7-19. Plans and Specifications.
The building official may require that plans and specifications, required by the Minnesota
State Building Code, include a survey of the lot upon which the proposed building or
construction is to be done, prepared and ~ by a registered surveyor. An original
signature is required on the certificate of survey. The survey shall provide the following
information unless otherwise approved by the administrative authority:
(1) Scale of drawing and north arrow;
(2) Legal description of ~;
(3) Dimensions and bearing of front, rear, and si& ~ lines;
(4) Front, rear, and side yard setback dimensi~ of all proposed smsctm~s;
(5) Location of all existing smmmms on the property, boulevards, streets and right-
of-way, including but not limited to sanitary and storm manholes, hydrants, catch
basins, power poles, phone boxes, fences, and any encroachmellts;
(6) Outside dimensions of proposed structure(s) including decks, porches, retaining
walls (include elevations at bottom of footing and top of wall), stoops, stairs,
cantilevers, fireplaces, bay and bow windows, egress window wells;
(7) Location of a benchmark stake established by the surveyor at the front setback
line within twenty (20) feet of the proposed smLemre. Maintenance of the benchmark
stake once established by the surveyor shall be the responsibility of the permit
applicant;
(8) Location of stakes established by the surveyor on side pmpexty lines at:
a. Front setback line.
b. Front building line.
c. Rear building line.
The maintenance of these stakes once established by the surveyor shall be the
responsibility of the permit applicant;
(9) Location of first floor elevation of buildings on adjacent lots. Vacant adjacent lots
shall be labeled as such;
(10) Location of all easements of record including but not limited tO tree
preservation, wetland conservation, cross-access, etc.;
(11) Existing and proposed elevations at the following locations;
a. Each lot comer.
b. Top of curb or centerline of roadway at each lot line extension~
c. Center of proposed driveway at curb.
d. Grade at comers of proposed ~.
e. Lowest floor level, top of block, garage slab.
(12) Indication of direction of surface water drainage by m-rows;
(13) Tree removal, tree preservation and grading plan ff required bythe development
contract;
(14) Wetland boundaries with ordinary high water level and 100-year flood elevation
if applicable;
(15) Driveway grade (mi~imum-0.~J0 ~t, maximllm-teI1 (10) percent);
(16) All trees in excess of six (6) inches in diameter (diameter meas~ at four (4)
feet above grade);
(17) Ail custOm-graded lots and lots deviating from the approved grading plan shall
require an as-built survey submitted to the city prior tO issuing a certificate of
occupancy;
(18) Wetland buffer areas and wetland or lake setback dimensions;
(19) Impervious surface calculations for the lot or pared;
(-1-9 20) Other information as required by the city.
Sec. 7-22. ~ Grading and erosion control.
(a) A satisfactory erosion control and grading plan consistent with the City's Best
Management Practices Handbook must be approved by the city engineer before a
building permit is issued for construction, ff the construction will result in
disturbing the soil To guarantee compliance with the plan a five h~ dollar
($500.00) cash escrow or letter of credit, satisfactory to the city, shall be furninhed to
the city before a building permit is issued. The escrow amount may be greater ttum
five hundred dollars ($~00.00) if, after review of the site, the city deems it necessary
to require a greater amount to guarantee compllance~ The maxtm]]m escrow
allowable per parcel is five thousand dollars ($~,000.00) per acre~ The city may use
the escrow or draw upon the letter of credit to reimburse the city for any labor or
material costs it incurs in securing compliance with the plan or in implementing the
plan. If the city draws on the escrowed funds, no additional building permits shah
be issued until the pre-draw escrow balance has been restored. The city shall
endeavor to give notice to the owner or developer before proceeding, but such notice
shall not be required in an eJnergency as determined by the city.
Co) The grading and erosion control plan must be consistent with the approved
grading plan for the plat in which the property is 1~ if any. Areas where the
finished slope wm be steepex than five (5) units horizontal to one (1) vertical shall be
specifically noted. Also, location of erosion control devices shall be clearly labeled.
(c) Every effort shah be made to minimi,~ disturbance of existing ground cover. No
grading or filling shall be permitted within forty (40) feet of the ordinary high water
mark of a water body unless specifically approved by the city. All disturbed areas
shall be replaced with a minimum of four (4) inches of topsoil or black dirt To
minimiz~ the erosion potential of exposed areas, restoration of ground cover shall be
provided within five (5) days after completion of the grading operation.
(d) Every effort shall be made during the building permit application process to
determine the full extent of erosion control required. However, the city engineer
29
may require additional controls to correct specific site relat~ problems as normal
in~ctio~ are performed.
(e) Ail erosion control noted on the approved plan 8hall be in-roiled prior to the
initiation of any site grading~ Noncompliance with the grading and erosion control
plan shall constitute grounds for an order h~)m the city engineer to halt all
construction.
(O All construction activity that results in disturbance of the ground shall comply
with the City's Construction-site Erosions and Sediment Control Best Management
Practices Handbook, as amended.
If the lot on which a cerlffi~ of occupancy for a single-family dwelling is
requested is subject to landscaping requirements set forth in the development
contract with the city, a certificate of occupancy shall not be issued unless the
landscaping has been completed or unless a seven hundred ~ dollar ($750.00) fee,
or such other amount as determined by the city*s community development director,
cash escrow or letter of credit is furnished the city guaranteeing completion within
sixty (60) days, weather permltfln~
Sec. 7-45 (2) Unless otherwise allowed by the City Council, construction activities,
earth work and all related activities nk.11 1.~ ~.~',.,~...,~,.I A.~-;--,. ,~.~1...t,,~,~ ~;.~..,
~ .............. j may only take place between the hours of 7:00 a.m_ and 6:00 p.m.
Monday through Friday and 9:00 a.m. and 5:00 p.m. Saturday. Such activity~is also
prohibited on the following holidays: New Year's Day, Memorial Day, July 4 , Labor
Day, Christmas Eve Day, and Christmas Day. No work shall be permitted on Sunday
except with permlasi_'on of the City Council. Homeowners dotng work on their own
property that does not require a building permit may work between the hours of
8:00 a.m. and 7:00 on and the listed. ~
3O
to o~n bming ~d ~e iss~ of ~~ for o~ b~ing, ~ h~by ~~ by
gfe~nce ~d ~ a pm of ~e ~ C~ ~ ~y ~ ~ mt f~ h~. ~e ~ ~
or d~ ~ageCs ~i~, ~e ~ c~ef, ~d ~e ~ ins~ of ~e pubUc s~e~
~~ent ~ hereby &si~~ ~ ~~ m ~t ~c~ons ~d i~ ~
See. 7-51, Applicability
(a) General. The provisions of this code shall apply to ail matters affecting or
relating to structures and premises, as set forth in Section 7-50. Where, in a specific
case, different sections of this code specify different requirements, the most restrictive
shall govern.
(b) Maintenance. Equipment, systems, devices and safeguards required by
this code or a previous regulation or code under which the slxucmm or premises was
constructed, altered or repaired shall be maintained in good working order. The
requirements of this code are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing smacmres. Except as
otherwise specified herein, the owner or thc owner's desi~ agent shah be
responsible for the maintenance of buildings, smactm~ and premises.
(c) Application of other codes. Repairs, additions or alterations to a smacture,
or changes of occupancy, shall be done in accordance with the procedures and provisions
of the Minnesota State Building Code.
(d) ~g reined/es. The provisions in this code shall not be consmgd to
abolish or impair existing remedies of the jurisdiction or its officers or agencies relating
to the removal or demolition of any slxuctm'e which is dangerous, unsafe and tmsanitary.
(e) Worknumship. Repairs, maintenance work, alterations, or installations
which are caused directly or indirectly by the enforcement of this code shall be executed
and installed in a workmanlike manner and installed in accordance with the
(f) Historic buildings. The provisions of this code shall not be mandatory for
existing buildings or struc~ desi~ by the state or local jurisdiction as historic
buildings when such buildings or struc~ are judged by the code official to be safe and
in the public interest of health, safety and weffare.
31
(g) Referenced codes and standards. The codes and standards ere referenced
in this code shall be those that are listed in the Minnesota State Building Code OVISBC)
and Minnesota State Fire Codes (MSFC) and considered part of the requirements of this
code to the prescribed extent of each such reference.
(h) Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixttLre, stmcmm or equipment, or for
the public safety, health and general weffare, not specifically covered by this code, shall
be determined by the code official.
Sec. 7-52. Department of Property Maintenance ~n~pection.
(a) General. The Building Inspection Division of the city is responsible for
admini~l~r~ the provisions of this code a~,~-~..~ ..~.-.....-~.---:.., .....
; .... "---- :~ ~-~--~' ..... '~'~ and the executive official in charge thereof shall be known as
thc code official.
Co) Appointment. The code official shall be appointed by the City Manager.
(c) Restriction of employees. An official or employee connected with the
enforcement of this Code, shall not be engaged in, or directly or indirectly connected
with, the furnishing e~ of labor, materi~ or appliances for the construction, alteration or
maintenance of a building, or thc prep~on of construction documents thereof, unless
that person is the owner of the building; nor shall such officer or employee engage in any
work that conflicts with official duties or with thc interests of thc depot.
(d) Liability. The code official, officer or employee charged with the
enforcement of this code, while acting for the jurisdiction, shall not hereby be rendered
liable personally, and is hereby relieved from all pcnonal liability for any damage
accruing to persons or property as a result of an act required or permitted in the discharge
of official duties.
Any suit instituted against any officer or employee bec~n~ of an act performed by that
officer or employee in the lawful discharge of duties and under the provisions of this
code shall be defended by the legal representative of the jurisdiction nntil the final
termination of the proceeAings. The code official or any subordinate shall not be liable
for costs in an action, suit or proceeding that is inatituted in pursuance of the provisions
of this code; and any officer of the department of property main~ce inspection, acting
in good faith and without malice, shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance of official duties
in connection therewith.
(e) The fees for activities and services performed in carrying out the
responsibmfies under this code shall be as estab~ed by resohltion of the City
32
Sec. 7-56 (d). Notices and Orders
(d) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or
structure who has received a compliance order or utxm whom a notice of violation has
been served to sell, transfer, mortgage, lease or otherwise distxn~ of such dwelling unit
or structure to another until the provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a tree copy of any compliance order or notice of violation issued by
the code official and shall furnish to the code official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility without
condition for making the correcti~ or repairs required by such compliance order or
notice of violation.
Sec. 7-59. Gene~ definitions.
(a o) Terms defined in other codes. Where tcnm arc not defined in this code and
m'c defined in the r.,,..---~---., v..:7.u_- ,,...a. r-o..--..,~..-.., Fire r,..a, x,~.. .... ... ~,...~..
State Building Code, such term~ shall have the meanings ascribed to them as in those
codes.
Co d) Terms not definecL Where terms are not defined throu~ thc methods
authorized by this section, such terms shall have ordinazily accepted meanings such as thc
context implies.
(c e) Parts. Whenever thc words "dwelling unit," "dwelling," "promises,"
"building," "rooming house," "rooming unit" or "story" are stated in this code, they shall
be construed as though they were followed by the words "or any part thereof."
33
b/W* I VV. J~VAAA JA IAVAAIJ ·
35
L./dJ'l i44,;I, 14,1 ~,e AAal&4~ VVAAIYAa A&.T I~tALAI. WA 'qllK~JJ.,I, Ub. LI, d;b~ 't.;A bi. ~A&,AT./AA
·
Sec. 7-61. Gen~ Requirements.
(a) Scope. The provisions of Section 7-61 through Sec. 7-66 shall govern the minimum
conditions and the responsibilities of persons for main~ance of s~, equipment
and exterior property.
(b) Responsibility. The owner of the premises shall maintain the muctures and
exterior property in compliance with these requirements except as otherwise provided for
in this code. A person shall not occupy as owner-occupant or permit another person to
occupy premises which are not in a sanitary and safe condition and which do not comply
with the requirements of'...~: ,.k,,.-,-,- ,' .... - .... ~'~"~' ""'~ '~-+'~'"":""":""""~ ~ec. 7-61
36
through Sec, 7-66. Occupants of a dwelling unit are respomible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit or premises which they occupy
and control.
(c) Vacant structures and land, All vacant smacttnm and premises thereof or
vacant land shall be maintained in a cleaa, safe, secure and sanitary condition aa provided
herein so aa not to cause a blighting problem or adversely affect the public health or
safety.
Sec. 7-62. (g). Exterior Property Areas,
(g) Accessory structures. All accessory strucmre~, including detached garages, fences
and walls, shall be maintained smactumfly sound and in good ~mir,-and-the
n'n..-,'~,'-~ ,.,i,.,nll T.-~ +i., ....... 1
Sec. 7-63. (n) Exterior Structure
(n)
Insect screens. During the period from 6/I W 911 5/1 to 10/1, every door,
window and other outside opening required for ventilation of habitable rooms,
food preparation areas, food aervi~ are~, or any areas where products to be
included or utilized in food for human conamption are processed,
manufactured, packaged or stored, shall be supplied with approved tightly
fitting screens of not less than 16 mesh per inch and every swin~ng door
shall have a self closing device in good working condition.
Sec. 7-65. Rubbish and Garbage.
(e) Curbside collection. Appliance, fumimm and ~milar items shall be left
outside for collection and disposal for not more than 72 hours before they are collected.
Sec. 7-67. Light, Ventilation and Occupancy Limitations.
(a) Scope. The provisions of Section 7-67 through Section 7-70 shall govern the
minimum conditions and standar~ for light, ventilation and space for occupying a
stnmture.
(b) Responsibility. The owner of the stmcttne shall provide and main~ light,
ventilation and space conditions in compliance with the, se requirements. A lXa'son shall
not occupy as owner-occupant, or permit another person to occupy, any premises that do
not comply with the requirements of fl~i~-e]m~y~ Sec. 7-6'/through Sec. 7-70.
(c)/dternative devices. In lieu of the means for natural light and ventilation
herein prescribed, artificial light or mechanical ventilation complying with the ~
~ MSBC shall be permitted.
Sec. 7-79. (d). Heating Facilities.
(d) Occupiable work spaces. Indoor occupiable work spaces shall be supplied
with heat during the period from October 1 to May 1 to maintain a tem.~u*aUn~ of not less
than 68°F during the period the spaces are occupied.
Sec. 7-80. Mechanical equipment.
(a) Mechanical appliances. All mechanical appliances, fu~laces, solid
fuel-burning appliances, cooking appliances and water heating appliances shah be
properly installed and maintained in a safe working condition, and shall be capable of
performing thc intended function.
(e-) Co) Removal of combustion products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent.
Exception: Cooking appliances listed and labeled for unvented operation.
(d-) (c) Clearances. AU requLr~ clearances to combustible materials shat1 be
maintained.
(~) (d) Safety controls. All safety controls for fuel-burning equipment shaU be
maintained in effective operation.
38
(4~ (e) Combustion a/r. A supply of air for complete combustion of the fuel and
for ventilation of the space containing the fuel-burning equipment shall be provided for
the fuel-burning equipment.
(~ (f) Energy conservation devices. Devices intended to reduce fuel consumption
by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent
outlet or vent piping there from, shall not be installed unless labeled for such purpose in
compliance with manufacturers listing and the installation is specifically approved.
Sec. 7-85. Fire Safety Requirements.
(a) Scope. Under the provisions of Section 7-85 through Section 7-89, the
Minnesota State Fire Code (MSFC) shall goverfl the minimum conditions and
standards for fire safety relating to sm~c~ and exterior premiges; including fire safety
facilities and equipment to be provided.
Co) Responsibility. The owner of the premises shall provide and maintain such
fire safety facilities and equipment in compliance with these requirements. A person
shall not occupy as owner-occupant or permit another person to occupy any promises that
do not comply with the requirements of this section.
Sec. 7-86. Means of Egress.
(a) General. A safe, continuous and unobsm]ct~ path of travel shall be provided
from any point in a building or structure to the public way.
39
.IM~riW~i~V~il .~M.I, VLAq, m~ L4.,i.L,I,b L&LV .LLA W---~-.UL&U.W vvaldJ. ~L~V ~L6,LLqd. LLA~) w~.
(lO. (b). Aisles. Aisles shall be maintained in accordance with the Minnesota
State Fire Code ~i~~.
(-h-) (c). Stairways, Handrails and Guards. Every exterior and interior flight of
means of egress stairs serving any building or portion thereof and having more than one
riser shall have handrails as required by the-.-------6~":"n-" .~..-~'~"a- _MSBC- Every open portion
of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more
than 30 inches above the floor or grade below shall have guards as required by the
D..:,.U--.. ~..J.. MSBC.
:_.*---',~.. ,.,,,.,:__.,,..,,,., ,.,.,,-~,.~ +i.,,~, +i,,.~,~ ,.,+,.,,,,,;,,,,, ,.,1,,,..,,,~, ,~A,~ ,-i,,,.,; ,.,-,, ,-,~.,, ,.,. +1,,~ ~c1,~,.~. 1,~.,,,,,1 ,.,1.,.,.,..,,~
,J.&&W&&V.L L3L41dJJ. VVLI. WlJ LLa'q,.fJLV ~,.a,l,&LLi. bLLLW L.?&,qu, LJ,.~.rl~ bi,tJq./ vv ~LL&q. Mif! 'k6~iAi,~L~J*LM. LLI.~) Id,.J.V .L.LW.L J.V vv,L
~ (d) Locked ~oor~. ~ ~ of egress doors shall be readily openablc from
the side from which egress is to be made without the need for keys, special knowledge or
effort, except as provided for in the MSBC r,..:l.~:.... ,~...~.
(e). Emergency escape openings. Required emergency escape and rescue
openings shall be operational from the inMde of the room, without the use of keys or
tool~ Bars, grilles, grates or similar devices are permitted to be placed over
emergency escape and rescue openings. However, such devices must provide a
minimnm net dear opening size that complies with the MSBC. They shall also be
releaseable or removeable from the inside, without the use of a key, tool, or force
greater than that required for the normal operation of the escape and rescue
buildings, smoke detectors shall be installed in acco~ce with Section 7-89.
Sec. 7-87. Accumulations and Storage.
(a) Accumulations. Rubbish, garbage or other mate~als shall not be stored or
allowed to accumulate in staixways, passageways, doors, windows, fire escapes or other
~s of egress.
CO) Hazardous Material. Combustible, flammable, explosive or other hazardous
materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as
wastepaper, boxes and rags, shall not be accumulated or stored unless such storage
complies with the applicable requirements of the k,,:,~:
U,,6AA~,,UJ.~ w.,.,,.,~ ,.,,.~,,d. ,.~A~ AJ.~' AJAV · ~.,~.~,.AVL~
ee~ M~C.
Sec. 7-89. F'u'e Protection Systems.
(a) Genera/. All systems, devices, and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall be maintained in an
operable condition at all times in ~ce with the.~,, ~: ..... r--'---~-~'--""" ~ MSFC.
Co) Fire Suppression System. Fire suppression systems shall be maintained in
tnrrper operating condition at all times.
(c) Standpipe Systems. Standl~pe systems shall be maint~ed in ~
operating condition at all times. Hose connections shall be unobstmctecL
(d) Fire Ertin~s~rs. All portable fire extinguishers shall be visible, provided
with ready access thereto, and maintained in an efficient and safe operating condition.
Extinguishers shall be of an approved type.
41
(e) Smoke Detectors. Existing Group R occupancies not already provided with
single-station smoke alarms shall be provided with approved single-station smoke alarms.
(1). Installation: Approved single-station smoke alarms shall be installed in
existing dwelling units, congregate residences, and hotel and lodging house
Gode-MSBC and MSFC.
(2). Power Source: In Group R occupancies, single-station smoke alarms shall be
battery operated or shall receive their primary power from the building wiring
provided that such wiring is served from a commercial 8ourc. e. When power is
provided by the building wiring, the wiring shall be permanent and without a
disconnecting switch other than those required for overcurrent protection.
(f) Fire Alarm Systems. Fire alarm systems shall be in lXO[~ operating condition
at all times.
42
Cbapt~ 7.5. Cable Communications
Sec. 7.5-29. Rate regulation.
The city reserves the right to regulate rates for basic cable service and any other services
offered over the cable system, to the extent not prohibited by applicable laws. The
grantee shall be subject to the rate regulation provisions provided for herein, and those of
the Federal Communications Commission (FCC) at 47 CFR, Part 76,
,-,,--,e.~- subp. N. as
the same may be amended fi-om time to time. The city shall follow the rules relating to
cable rate regulation promulgated by the FCC at 47 CFR, Part 76,..,~"~'"~,.,,e,.., subp. bi, as the
same may be amended from time to time.
Sec. 7.5-61. Background and purpose.
(a) On the 1 lth day of July, 1994, the City of Chanhasson, Minnesota ("City") passed
and adopted Ordinance No. 213 granting to Triax Cablevision ("grantee") the
nonexclusive right to construct, own, and ~ a cable television system in the city.
(b) The Cable Television Consumer Protection and Competition Act of 1992 C1992
Cable Act") was enacted on October 5, 1992, and became effective on Decem~ 4, 1992.
The 1992 Cable Act amends the Cable Communications Policy Act of 1984 and, in
particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by
cable television operators.
(c) On April 1, 1993, the Federal Communications Commission ('~FCC") adopted rate
regulations pursuant to the 1992 Cable Act. These FCC rate regulations were released
May 3, 1993, and became effective September 1, 1993. In addition, on February 22,
1994, the FCC adopted additional rate regulations pursuant to the 1992 Cable Act. These
additional rate regulations were released March 30, 1994, and became effective May 15,
1994.
(d) Purs~t to 47 C.F.R..nn~.... '~,:,.,, ~'""t'"''e"~'n~ X~.., S~on 76.910, m ~e 11~ ~y of ~y,
19~, ~e City sub~~ ~C F~ 3~, ~cafion f~ ~ F~c~g AuStria,
m ~e FCC ~a m~s~ ~, m~ ~ipt ~~ ~~t m ~~ 76.910,
~ on ~e m~ ~pt, ~y 17, 19~ is m ~ com~ ~e ~ ~ A ~py of
~C Fora 328 w~ ~m ~~ ~ ~~ on ~y 11, 1~, ~e s~ ~y it w~ ~
wi~ ~e FCC.
(e) Pursuant to Section 76.910, the city's cet~cation becomes effective thirty (30) days
after the date filed.
43
(f) In adopting this division, the city reviewed applicable FCC regulations governing the
basic service tier and provided a reasonable opportunity for consideration of the views of
interested parties.
(g) This division will govern the procedures to be undertaken by the city for the
regulation of grantee's cable television rates pursuant to the 1992 Cable Act and the
regulations of the FCC.
Sec. 7.5-63. Procedures for implementing regulation of basic cable service.
(a) The city hereby adopts and shall follow the rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., Part 76,~,~"*--~'*~.~.v~.. ~ subp. N.
(b) Upon adoption of this division, a city representative will send to grantee and each
operator of a cable television system in the city, via certified mail, return receipt
requested, a written notice, which shall include a copy of the ordinance from which this
division is derived and the completed FCC Form 328.
(c) Within thirty (30) days after receipt of the notice referenced in subsection Co), the
grantee and any other cable television operator shall have thirty (30) days to respond with
rate and benchmark information utilizing applicable FCC forms.
(1) If the initial rates and/or any subsequent rate increases are within the FCC standards,
as determined by the city, the rates will be effective thirty (30) days after submission.
(2) If the city is unable to determine whether the proposed rates are within the FCC's
standards, based on the material before it, or if the grantee or any other cable ~ has
submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable
rate level, the city may take an additional period of time to make a final determination
and toll the effective date of the proposed rates for a commensurate period.
a. The city may take an additional ninety (90) days if it needs more time to ensm'e that a
rate is within the FCC's rate stan~.
b. The city may take an additional one hundred fifty (150) days to evaluate a cost-of-
service showing seeking to justify a rate above the reasonable rate level.
c. The city may issue a brief written decision regarding its invocation of the additional
time period.
(3) ff no action is taken within the above referenced time periods, the proposed rates will
go into effect, subject to subsequent refund ordem ff the city later issues a decision
disapproving any portion of the proposed rates.
(4) In all cases, the city will issue a written decision to approve the rate schedule,
disapprove the rate schedule or continue for review.
(5) If rates are in excess of the FCC's standards, the rates may be reduc~ by the city
pursuant to applicable FCC regulations.
(d) After the initial rate schedule procedures are followed, as described in this section,
the grantee and/or any other cable opemt~ shall, in conjunction with each change in the
rates and charges applicable to basic cable service, conform to the standards of the FCC.
Before any rate change is effective, the grantee and/or any other cable ~tor shall
notify the city of its requested rate change by giving the city thirty 00) days' advance
written notice before the change is effective and by providing the city with its rates and
applicable information pursuant to FCC regulations.
(e) To the extent specifically permitted by fedenfl law and applicable FCC roles, the
grantee and/or any other cable operator shall be permitted to appeal to the FCC for a
review of the decision of the city.
45
Chapter 8. ~cmcterics
All income received by the city for grave or lot purchase price
General Pund
~st of c~ng f~, ~n~g ~d ~~g ~e ~~ lorn;
Sec. 8-23. Installation of monuments or markers.
Persons engaging in placing monuments and markem shall provide adequate planking to
protect turf and shall remove materials, equipment and refuse immediately upon
completion of worlc The lot owner, his heirs, ~sors or assigns are responsible for
any failure to abide by this section and shall pay for any and all charges or damages
resulting. The lot owner, his heirs, successors or assigns are also responsible for any and
all damage resulting from injury or damage to the cemetery or other lots during the
excavation of the grave site or recovering thereof. Contractors and others engaged in such
work must notify the city before beginning the same. All work in the cemetery, of
whatever kind, must be carried on subject to the direction and control of the city. No
monument or marker shall be placed in the cemetery until ~ authorization
~ has been issued by the city.
Sec. 8-24. Vaults and mausoleums.
Above ground vaults and mausoleums are not permitted ha-the .... +_.., ,.,.:+t.,.....,. ,.,
wJ. ta~,~J, j vv ,t t. LZ~ ~k
*Due to maintenance issues, above ground vaults and mausoleums are not permitted in
the cemetery. However, vaults are required to be placed in the ground to hold the caskeC
Chapter 9. Fire Prevention and Protection
ARTICI.F. IL VOLL?rr~.°- FIRE DEPAR'IlVlFrNT
Sec. 9-19. Establishment of board of fire officers.
A board of fire officers shall be established to help the fire chief carry out the fire
depamnent's mission and at the request of the request of the fire chief, assist the fire
chief in the formulation of selected policy matters. The board shall act as final board of
review for selecteA issues relating to the fire department.
Sec. 9-20. Fire chief.
(a) The fire chief of the city fire department shall have general supervision of the fire
depamnent.
Co)
The fire chief shall be elected by the members of the fire department. This elected
member shall be considered the fire department's nomination for the position of fire
chief and shall be submitted to the city manager or city manager's designee as the fire
department's recommended candidate for the position of fire chief. The city manager
of city manager's designee shall forward the firedeparment's recordation to the
city council for review and final appoinm3ent as fire chief. The fire department's
election of fire chief is understood not to be effective until such time as the city
council, by resolution, approves such election.
(c) The election of the fire chief shall be for a period of two (2) years.
(d) The fire chief shall serve as the head of the city fire department board of fire officers.
(e) It shall be the duty and responsibility of the fire chief to retx~ personally to the city
manager of the city manager's de. aignee. Such meetings shall include but not be
limited to:
(1) Fire department status.
(2) Budget Review.
(3) ChLrmnt membership levels, needs, and problems.
(4) Past quarter activity.
47
(f) The fire chief may be removed by the city manager for good and sufficient cause.
Such dismissal must be submitted to the city council for review and final decision.
(g) The fire chief shall be required to serve as a member of the city's public safety
commission. The fire chief, of the fire chief's designated representative in the event
the fire chief is unable to attend, shall attend monthly meetings of that commission.
Sec. 9-24. ~ Flreflghter's relief association.
The members of the fire department shall organize and incorporate a f~eme~s
flrefighter's relief association in accordm~ce with law. It shall be known as the
"Chanhassen Pinm~m~s Flrefighter's Relief Association."
Sec. 9-25. Rescue squad.
The city acknowledges the need and desire to establish and maintain the city fire
department rescue squad nnd such remme sqund is estnblished nnd eonflrmed.
Sec. 9-26. Buildings and equipment.
It shall be the responsibility of the city to provide adequate buildings, equipment, and
supplies for the fire department to efficiently and effectively carry out its responsibilities
in providing for fire protection services to the city and its citizens. The fire department
shall maintain custody of said buildings, equipment and supplies. The board of fire
officers shall be responsible to maintain inventory lists of buildings/equipment for which
they have custody, such list reflecting the description, value, condition, and other
information deemed necessary. The fire department shall notify the city of equipment
needs and changes in state and federal laws making equipment obsolete or requiring
upgrading. ,A,~ All buildings and equipment, not specifically identified as being under the
ownership of the fire department' are owned by the city. The fire department shall
establish reasonable policy statements, approved by the city, guiding the usage of such
buildings/equipment by the city or its residents, when such usage does not intt~fere with
operating the fire department or produce an ~le risk for damage of same.
Sec. 9-41. Compliance
Any person violating any provision of this article or of any other code or standards
adopted in this article, or any order mna_e pursuant thereto shall be guilty of a
misdemeaner.
48
Sec. 9-43. Technical standards-Adopted.
The 199°~ 1997 Minnesota Uniform Fire Code is adopted by reference.
Sec 9-45 Definition
Sec. 9-45
Sec. 947. Storage of flammable or combustible liquids.
The limits referred to in section 79.5~I 7901 and 7902 of the Minnesota Uniform FLre
Code in which flammable or combustible liquids are prohibited are hereby estalbishe as
within the boundaries of the city.
Sec. 9-48. Storage of liquefied petroleum gases.
(a)
The limits refcn~d to in seetio~ article 82 of the Uniform Fire Code, in which the
storage of liquefied petroleum gas is restricted are hereby amended to read
aggregate capacities of thirty thousand (30,000) gallons water capacity.
Where a single container or the aggregate of interconnected containers is two
hundred fifty (250) or more gallons water capacity, the installer shall obtain a
(c)
All single-container installations with a total water storage capacity of two
thousand (2,000) gallons or ~, or where the aggregate of interconnect~
containers is greater than two thousand (2,090) gallons shall be protected by one
(1) or more of the following methods:
(1) Buried in an approved manner.
(2) Mounded in an approved manner.
(3) Protected by an approved water application system.
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(4) Protected by other approved meam.
Sec. 9-49. Storage of explosives and blasting agents.
The limits referred to in section gg 7701.7.2 of the Uniform Fire Code, in which the
storage of explosives or blasting agents is prohibited are hereby established as within the
boundaries of the city, except under special permit of the fire marshal.
Sec. 9-71. Restrictions and permitting.
Minnesota Rules parts 7005.0700 to 7005.0820, relating to the open burning and issuance
of permits for open burning, are hereby adopted by reference and made a part of the city
Code as fully as ff set forth herein. The city manager or city manager's designee, the fire
chief, and the fire inspector of the _..,.u~t~.~,~., ~--~J~' fire department are hereby designated as
persons to accept applications and issue open burning permits, pursuant to part 7005.0760
of the rule.
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Chapter 10 Licenses, Permits and Miscellaneous Business Regulations
Article H. Mcoholic Beverages
Sec. 10-19. Types of licenses.
(c) Wine licenses. Wine licenses may be issued, with the approval of the
commissioner of public safety, only to restaurants having facilities for seating at least
twenty-five (25) people at one time for the sale of wine not exceeding fourteen (14)
percent alcohol by volume and for consumption on the licensed premises only in
conjunction with the sale of food. The holder of a wine license who is also licensed to
sell 3.2 percent malt liquor on-sale and whose gross receipts are at least fifty (50) percent
attributable to the sale of food, may also sell intoxicating malt liquors at on-sale without
an additional license.
(f) On-sale Sunday liquor license. On-sale Sunday liquor licenses may be issued
only to a hotel or restaurant, with facilities for serving not less than fifty (50) guests at
one time, to which an on-sale intoxicating license has been issued. Such license may
permit the sale of liquor to be consumed on the premises between the hours of 10:00 a~a.
Sunday and 1:00 a.m. on Monday in conjunction with the serving of food provided that
the licensee is in conformance with the Minnesota Clean Indoor Air Act (M~. § 144All
et seq.) and provided a public hearing is held prior to the issuance of the license. No
Sunday license is need for on-sale wine licenses.
(j) Consumption and display permits. Consumption and display permits may be
issued to a bottle club which complies with the requirements of Minnesota StaBares,
Section 340A.414 and which has obtained a permit from the commissioner of public
safety. Consumption and display permits shall not be issued in the city, except to
establishments that have been issued such license on or prior to the effective date of*"..Ja
otdh~moo Ordinance No. 299.
Sec. 10-23. Liability insurance.
Except as provided in Minnesota Statutes, Section 340A.409, subd. 4, all applicants for
any liquor license or consumption and display permit must, as a condition to the issuance
of the license, demonstrate proof of financial responsibility with regard to liability
imposed by Minnesota Statutes, Section ~ 340A.801, subd. 1, to the city, by providing
proof of liability/dram shop, general liability, and workers' compensation insurance
coverage.
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Sec. 10-28. Hearing required for new licenses.
A public hearing for the issuance of a license for a new premises, or for a different
licensee at the same premises, or for a different licensee at the same ~ses shall be
preceded by ten (10) days' published notice. In addition, the public heating for the
issuance of a license for a new premises shall also be preceded by a ten (10) days' mailed
notice to all owners of property located within five hundred (500) feet of the boundaries
of the property on which the business that is the subject of the application is locateck A
public hearing is not required for temporary license applications, nor for off-sale 3.2
percent malt liquor licenses.
Sec. 10-39. Hearing notice
Revocation or suspension of a license by the city council shall be preceded by a public
hearing conducted in accordance with Minnesota Statutes Section 14.57 to 44:-.70 14.69.
The city council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice shall be given at least ten (10) days prior to the hearing, include notice of
the time and place of the hearing, and state the nature of the charges against the licensee.
Sec. 1047. Restriction involving undexage pemons.
(1) Identification required. Any person shall, upon demand of the licensee, big
employee, or agent, produce and permit to be examined one of the ~"~--~---~..~.~..~ forms of
identification provided under ~Fmn~ta Statutes Section 340aA.503, subdivision 6.
Sec. 1049. Prohibited conditions.
(c) Gambling. Except for lawful gambling in the form of pull-mbs, gambling and
gambling devices are not permitted on licensed premises. State lottery tickets may be
purchased or sold within licensed premises as authorized by the director of the state
lottery.
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Article IV. Peddlers, Solicitors and Transient Merchants
Sec 10-141 Definitions will be consolidated in chapter 1.
Peddler means any person, firm, corporation, or other business organization who goes
from dwelling to dwelling, business to business, place to place, or from street to street,
carrying or transporting goods, wares, o~ merchandise, or ~ervice~ and offering or
exposing the same for sale.
Solicitor means any person, firm, corporation, or other business organization who goes
from dwelling to dwelling, business to business, place to place, or from street to street,
soliciting donations other than political campaigns, or taking or attempting to take orders
for any goods, wares, or merchandise, including books, periodicals, magazines, or
personal property of any nature whatever for future delivery.
Transient merchant ~s any person, firm, corporation, or other business organization
who engages temporarily in the business of selling and delivering goods, wares, e~
merchandise, or services within the city, and who, in hmhemnce of such purpose, hires,
leases, uses, or occupies any vacant lot, parking lot, motor vehicle, or trailer.
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Sec. 10-142. Registration required.
It unlawful for any peddler, solicitor, or u-ansient merchant to engage in any such
activity within the city without first registering with the ~:~'Ac~_~.j-n~"' --r~"-~--'* .... city in
compliance with the provisions of this article. Any transient merchant, peddler, or
solicitor; registering in the city must show proof that such person is licensed for such
occupation under the provisions of Minnesota Statute Chapter 329, as amended.
Registration does not exempt compliance with other applicable local, state, and federal
laws, including the zoning regulations.
Sec. 10-143. Exemptions.
The registration requirements of this article do not apply to: (a) persons selling products
of the farm or garden, including Christrn~ trees and flowers at sites approved by the city
manager or city manager's designee considering vehicular traveling speeds, turning
54
movement, available parking, and other public safety considerations, Co) children, age
~ seventeen or younger, soliciting for school sponsored activities, (c) residents
selling personal property from their residence for no more than three (3) days per year
(such as a "garage sale," or (d) religious, charitable, or nonprofit organizations t~mt-me~
~ 1,~,-.,..* ,-,,,~ /'1% ,.-.~ +k~. ~e,.,11,.,...~ .....
Sec. 10-144. Registration form.
Persons registering under this article shall file with the ~-~l,,i,~l;,,~~,,~k~t~,,~z~ ~k~a~wkj'~'~'~4'~' ~,~.~.. ~.t.ti~Lu."l~'~"~4"~'~--4' dty
clerk/manager a written statement on a form to be furnished by the ~ city.
Thc statement shall provide:
(1) Name, date of birth, driver' s hccnse number iden~fication, and writIcn authorization
for necessary background checks by the .l~11k'[.~t~~,.,~,,~ -.---.~-~n;~' "~r"'"*"~"'~--'n'~"--'* city of the person
registering and each individual that will be can'ying the activity of a txxtdlcr, sohcitor, or
transient merchant. While only one (1) representative for a group need at~ly on behalf of
the organization, each individual thai will be participating in the activity shall be required
to submit their name, date of birth, driver's license inf~on, and writIcn authorization
for the ----K1;,-. ,,..,4~,,~-~. ,4,~.,,-...a---..,~,~- (~ty to CO'D.~ a background check.
Sec. 10-147. Registration verification.
Upon issuance of the permit, the~,~v,,~,~'~111"~1'~'~ .... ...;..~.....~ '--r'-----'-'~'-a~''"'''-'-'* dty shall issue a registration
statement upon the filing of the properly signed and completed form, which shall be
carried by the person(s) engaged in such activity.
Sec. 10-148. Practice~ prohibited.
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(e) Peddlers, such as ice c-mare sales, that sell from a motor vehicle when the custon~r
comes to the motor vehicle to make a purchase may not solicit sales on public or private
streets, ro_a_~ or highways,, or auy other roadways, public or private abutting a school or
park.
Sec. 10-149.2. Revocation or denial of registration.
A registration shall be denied or revoked by the,.~J. vvs~.,.a'~v~'~'~" v~."~4~--,,1.,lg~,V''~'~''' ~s~..,,k.y~' ~,4~,4-~, city
clerk/manager, preceded by written notion and an oppommity to be heard, if any of the
conduct listed in subsection (a) of this section shall occur.
Article V. Gambling
Sec. 10-151. Authorized organizations.
An organization shall not be eligible to conduct lawful gambling in the city unless it
meets the qualification in Minnesota Statutes Section 349.16, subdivision 2, azd ~:c
Sec. 10-152. Distribution of Proceeds
56
a) Each organization licensed to conduct gambling within the city shall contribute to the
city, for distribution by the city for lawful purposes, at least ten (10) percent of the
organization's net profits derived from lawful gambling. For p~ of this section, net
profits are profits less amounts expended for allowable expenses.
..,,,~-,.,.....~, l,-, ,., l,.,..,-g,,1
Co) Each organization conducting lawful gambling within the city must expend at least
fifty (50) percent of its net profits derived from lawful gambling on lawfifl purposes
conducted or located within the city or any municipality contiguous to the city. The
contribution required in subsection (a) above shall be considearxt as part of thc fifty (50)
pement expenditure.
(c) An organization that conducts gambling on fewer than five (5) days in a calendar
year is exempt from the requirements of this section.
Article VI. Sexually Oriented Businesses
Sec. 10-161. Definitions.
Residential d/strict means that area of the city zoned as RR, RSF, R-4, R-8, R-12, ~ R-
16, or PUD-R bythe City Code.
Sexually oriented business means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult massage parlor, adult motel, adult motion picture theater, adult
store, adult theater, escort agency, nude model studio, or sexual encounter center.
Sec. 10-162. Classification.
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Sec. 10-164. Issuance of License.
The city manager shall approve the issuance of a license by ~z ci~' c.l~ to an applicant
within thirty (30) days after receipt of an application unless the manager finds one (1) or
more of the following to be tree:
*The city manager is the city clerk.
Is (a) (5)
* enforceable? Guilt by association or presumed circumvention of ordinance. (p. 573)
(8) An applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated that he-e~-she the
person is unable to operate or manage a sexually oriented business premises in a peaceful
and law-abiding manner, thus necessitating action by law enforcement officers.
(a) (10)
(c) An applicant who has been convicted or whose spouse has been convicted of an
offense... (Is this enforceable? Cmilt by association or circumvention of ordinance.)
(p. 573)
Sec. 10-179. Enforcement.
Any person violating a provision of this article, upon conviction, is punishable by a fine
.......... ~. ......, one thousand dollars ,000. and
ninety (9O) days in jail
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Chap~.r 11 ~sc~Hancous P~ons and Offenses
See. 11-1. On'few for Minors
It is unlawful for any minor of the ages sixteen (16) and seventeen (17) years to loiter on
or about any public street, alley, park or other public or quasi-public place in the city
between the hours of 12:00 a_m. and 5:00 a.m_ ~'~'*k~ ~,..-..-~-...~n..
(g) This section shall not be eonsmaexl as permitting the presence at any time of any
person under eighteen (18) years in any place where this presen~ is nov: prohibited by
law or ordinance.
l,,Jwa. Av,&,& ,.L A. ,~,.~ .,I.
59
u,,4..,.,.,,~,.~.6 J. LZ,VM.zxU ,,.,.zv LJ.LJ.~Z~:) V.L ,,.,4.~.~,,.U.~.U.~)q,., V.L kLL~J .L.LL,,.,U.L.L.U..
61
Sec. 11-4. Public possession or consumption of alcoholic beverages.
(c) It shall be unlawful for any person to drink intoxicating liquor or
-~-':"*~-:~"~ 3,2 percent malt liquor on any public property or semi-public
However, 3~1 percent malt liquor may be consumed at public parks.
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Chapter 12. Motor Vehicles and Traffic
Sec. 12-7. TmckRoutes
Section 12-7.. Truck Routes
The provisions of this section shall not apply to:
(1) School buses when engaged in the act of transporting pupils to or from
school;
(3) Trucks belonging to the ci~r,
(4) Trucks belonging to utility companies when actually engaged in thc
construction or repair of utility company facilities;
(5) Trucks delivering retail merchandise to homes on regular mutes;
(6) Trucks employed in the removal of rubbish, trash or garbage, or in the
pumping of private sewage disposal systems;
(7) Trucks securing a special permit to travel upon ~ city streets from the
city as provided hereafter.
Sec. 12-7.
(d) Truck mutes shall consist of the following slxeets:
(1) All designated U.S. highways;
(2) All designated sram highways;
(3) All designated county highways.
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(4) Municipal State Aid Roadways
See. 12-9 (a)
The council may by resolution, whenever necessary to preserve a free flow of traffic or to
prevent accidents, designate any intersection as one where the tm'ning of vehicles to the
left or to the fight, or both, is to restricted at all times or during specific hours. The city
shall mark, by appropriate signs, any intersection so desi~ No intersection or state
trunk highway shall be so designated until the consent of the commissioner ~,~ ~,:_s, .....
transportation to such designation is obtained. No person shall turn any vehicle at any
such intersection contrary to the direction on such sign.
Sec. 12-10
The council may by resolution designate any street of portion of a stxv~ as a
through highway or a one-way road where necessary to prese~e the free flow of traffic
or to prevent accidents. The city shall post appwpriate signs at the entrance to such
street. No state trunk highway shall be so designated unless the consent of the
commissioner of~,-e--s':"s' ...... ,, ,,~ ~ transportation to such desi~on is first secured.
Section 12-11
The city may prohibit the operation of vehicles under any street under big its
jurisdiction or impose weight restrictions on vehicles to be operated on such street
whenever the street, by reason of deterioration, rain, snow, or other climatic conditions,
will be seriously damaged or destroyed unless the use of vehicles on the street is
prohibited or the permissible weights thereof ~ The city shall erect an maintain
signs plainly indicating the prohibition or restricts at each end of the portion of the street
affected. No person shall ~ a vehicle on a posted street in violation of the
prohibition of restriction.
Section 12-12
To assist in the direction and control of Wa/tic, to improve safe driving conditions at any
intersection or dangerous location, and to warn pedestrians or drivers of motor vehicles of
dangerous conditions or hazards, the city may establish safety zones, or lanes of traffic,
an stop intersections, and may install stop si~, yield si~, warning signs, signals,
pavement markings, or other similar devices. No regulation may be established on a
state trunk highway unless the consent of the commissioner of.~e~..-j~ transportation
is first secured.
Sec. 12-16
On street parking is prohibited between November 1 and April 1 between the
hours of 1:00 a.m. and 7:00 a.m. On-street parking is also prohibited when there is two
(2) inches or more snow on a street until the street has been plowed curb to curb.
Representatives of the Carver County Sheriff's Depaxtment, Minnesota Statl~ Patrol, and
Chanhassen l~11m~l:d"~ ~4'~l"~&h' T~--4~'~'ffil~'~;~--'~ Comlm~ S~e Officer shall have the
authority to impound vehicles in violation of this section.
Sec. 12-17
Sec. 12-31, Definitions.
The definitions in Minnesota Statutes section 84-81 apply to t.~is article..'~,.,,,~..,;"'"-':""..,~,
Sec. 12-32
All city traffic ordinances shall apply to thc operation of snowmobiles upon
streets and highways.; Minnesota Statutes sections 84.81 to 84.88 and
65
e,.~ ....~.~,... ~,m except those provisions relating to required equipment, are adopted
by reference as set out at length in this article.
Sec. 12-33 (7)
(7) In a manner so as to create a loud, ~ or unusual noise which disturbs,
m~ncyr, or interferes with the peace and quiet of other pers~. (vague wording)
Sec. 12-38
No person shall conduct a snowmobile organized race at any place within the city
without first having secured a permit thereof h-om the council. Writ~n application shall
be made to the council. The applicant shall give the information required on the form. A
permit may be issued upon such terma, conditions and permit fees as the council may
prescribe. Upon the granting of such permit, the provisions of section 12-~3-5 33,
paragraph (7) may be waived by the council for the duration of the race.
Sec. 12-50
Required. On a space available basis, the dL~.~r c.f '"'~t-,----~ o~,--J~" city manager shall
issue permits authorizing overnight parking in municipal parking lots. The permit shall
specify the date and lot for which the overni~t parking is permitted. The permit fee
shall be established by resolution of city council. No individual shall be given a permit
authorizing overnight parking for more than seven (7) days in a calendar year.
Sec. 12-51 (a)
(a) Towing order required. Motor vehicles parked in violation of section 12-50
may be towed. Before the motor vehicle is towed, a representatives of the Carver
County Sheriff's Department, ]Vlinnesota State Patro]~ or Community Service
Officer ~ ...... r-~ .............
parking citation, a written towing report ~bing the motor vehicle and the reasons for
towing. The report must be signed by the officer and the tow driver..
Chapter 13. Nuisances
Sec. 13-2. Illustrative enumeration.
(a) The following are nuisances affecting health, safety, comfort or repose:
(1) Accumulations of manure, rubbish, garbage, tin cans, bottles, junk, debris or other
waste which are kept so as to result in offensive odors or unsightly conditions to the
discomfort and annoyance of adjacent property owners or the public;
(2) Garbage cans and privy vaults which are not fly-tight;
(3) Dumping the contents of any cesspool, septic tank, privy vault or garbage can
except at places authorized by law;
(4) All noxious weeds, tall grasses, and other rank growths;
(5) The throwing, dumping or depositing of any dead animals, manure, garbage, waste,
decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material
of any kind on private or public property;
(6) Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in
unreasonable quantifies;
(7) Offensive trade and business as defined by statute or ordinance not licensed as
provided by law;
(8) All public exposure of persons having a contagious disease;
(9) The distribution of samples of medicines or drugs unless such samples are placed in
the hands of an adult person;
(10) All decayed, unwholesome, or contaminaled food offered for sale to the public;
(11) Carcasses of animals not buried or destroyed within twenty-four (24) hours after
(12) The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals
or fowl so as to result in offense odors or disagreeable noises to the discomfort of
adjacent property owners, and allowing any animal or fowl to nm at large; "at large"
means off the premises of the owner and not under reslxaint, and ~owner" means any
person who shall own, harbor, keep or have custody of an animal, or the parents or
guardians of a person under eighteen (18) years of age who shall own, harbor, keep or
have custody of an animal.
67
Cross references: Other animal nuisancas, § 5-20.
(13) Placing paper, litter or debris on public or private property, or throwing paper,
litter or debris from motor vehicles;
(14) Causing or permitting any unnecessary noises or annoying vibrations.
(15) The pollution of any public well, stream, fiver, lake or body of water by sewage,
~ery, or industrial wastes.
(16) Breeding sites of the Aedes Triseriatus (tree hole mosquito) including but not
limited to: the basal holes of hardwood trees, unused tires (not mounted on wheels),
pots, pans, cans, pails, bottles and other containers left outdoors in which water or
debris may accumulate;
(17) All other acts, omissions, occupations and uses of ~ which are a menace to
the health of the inhabitants of the city or a considerable number thereof.
Co) The following are nuisances affecting public morals and decency..
(1) Any vehicle used for the illegal transportation of intoxicating liquor;
(c) The following are nuisances affecting public peace and safety;
(1) .M!~..,, ............,.a :.,,,,~" ""+..,,, ~me, ved ~-~,,,~,-~- ..... r,-~''-*'':~~:a-_.-_- .... .. ~."-~__ ;~.~,:.,. ~.... ~..,,,..~,..,,..,, ~---~' ,~ ..,,,..~' ..... ...,,,.
(2) All buildings, walls and other sUucmre~ which have been damaged by fire, decay
or otherwise to an extent exceeding one-haft of their ori~nal value, or which are in
such a hazardous condition or so situated as to endanger the safety of the public;
(3) All explosives, inflammable liquids and other dangerous substances or materials
stored or accumulated in any manner or in any amount other than that provided by law
or ordinance;
(4) All use, possession or display of fireworks except as provided by law or ordinance;
(5) All buildings and struck, and all alterations thereof mRde., erect~ or altered in
violation of ordinances conceding the manner of constm~on and the materials used
therein;
(6) Obstructions and excavations affecting the use of public streets, alleys, sidewalks
or public grounds, except under such conditions as are provided by ordinance; and any
68
other excavation left unprotected, uncovered or allowed to exist in such manner as to
attract children or to constitute a hazard to thc public;
(7) Thc piling, storing or keeping of old machinery, wrecked or junked vehicles, or
other junk or debris upon open spaces; "junked vehicle" means a vehicle that is not
registered and which does not possess a current state automobile license, but thc license
is not to be the sole factor determining the status of the vehicle;
(8) Obstructing traffic and thc free use of public streets or sidewalks;
(9) All hanging signs, awnings and other similar ~ over public streets or
sidewalks, or so situated as to endanger public safety, not constructed and maintained
as provided by law or ordinance, or without proper permit;
(1 O) Permitting rain, water, ice or snow to fall from any building on any public street
or sidewalk or to flow across any public sidewalk;
(11) Ail dangerous unguarded machinery, equipment or other property in any public
place, or so situated or operated on private property as to atlxact minor children;
(12) Placing entrance culverts, or doing any act which may alter or affect the drainage
of public streets or alleys or the surface or grade of public streets, alleys or sidewalks
without pm~ permit;
(13) Making repairs to motor vehicles, or tires in public streets or alleys, excepting
only emergency repairs which will not unduly im?ede or interfere with traffic;
(14) Throwing, placing, depositing, or burning leaves, tmah, lawn clippings, weeds,
grass, or other material in the streets, alleys or gutters;
(15) Erecting, painting or placing of unauthorized traffic signs or advertising signs in
streets, or alleys or on sidewalks;
(16) All trees, hedges, billboards or other obstructions which prevent a clear view of
traffic approaching an intersection in sufficient time to bring a motor vehicle driven at a
reasonable speed to a stop before the intersection is roached;
(17) Any dog which shall kill, wound or harass any other domestic animal;
(18) Any dog which habitually barks in such manner as to disturb the peace;
(19) Any dog which harasses, chases or molests horses, motor vehicles or pemom;
(20) To leave any unused ice box, refrigerator, cooler or other box with a door thereon
which will exclude air when shut;
69
(21) All other conditions, acts, or things which are liable to cause injury to the person
or property.
(22) General prohibition. No person shall make or cause to be made any distinctly and
loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, safety or welfare of any person or precludes their
enjoyment ofproperty or ects their rropeny's va ue, a'his is not
limited _by~ th?..~..~fie restrictions of the following subdivisions:
a. Participation in noisy parties or gatherings. No person shall participate in any
party or other gathering of people giving rise to noise, clismrbing the peace, quiet, or
repose of another person. When a law enforcement officer determines that a
gathering is creating such a noise disturbance, the officer may order all persons
present, other than the owner or tenant of the premises where the disturbance is
occurring, to disperse immediately. No person shall refuse to leave after being
ordered by a law enforcement officer to do so. Every owner or tenant of such
premises who has knowledge of the disturbance shall make reasonable effort to
see that the disturbance is stopped.
b. Permit necessary for loudspeakers and similar devices. No person shall use or
operate, or cause or allow to be used or ~ in any public street or place, or from
any aircraft, or in front of or outside of any public or private building, place or
premises, or in or through any window, doorway or opening of such buildings, place
or premises, abutting on or adjacent to any public street or place, any device,
apparatus or instrument for the amplification of the human voice or any other sound
or noise, or any other sound-making or sound-reproducing devices, without a written
permit from the city. Application for such permit shall be made to the city manager
or city managers designee on forms to be provided by the city. The apphcation shall
require, among other information, the hours and location of the proposed use. If the
proposed use complies with the provisions of this article and other applicable
ordinances of the city, shall be The fee for such permit is set at
ten dollars ($10.00).
c. Impermissible animal noise. No person owning, operating, having charge of, or
occupying, any building or premise shall keep or allow to be kept, any animal which
shall, by noise, the and uiet of in the
The phrase "~ably disturb the peace and quiet" shall include, but is not limited
to, the creation of any noise by any animal which can be heard by any person, including
a law enforcement officer or animal control officer, from a location outside of the
building or premises where the animal is being kept and which animal noise occurs
7O
repeatedly over at least a five-minute period of time with one minute or less lapse of
time between each animal noise during the five-minute period.
(23) Hourly restrictions on certain operations.
a. Recreational vehicles. No person shall, between the hours of 9:00 p.m. and 7:00
a.m., drive or operate any minibike, all tem~ vehicle, snowmobile, or other
recreational vehicle not licensed for travel on public highways. This subsection
(23)(a) does not to or authorized Ixails.
b. Refuse hauling. No person shall collect or remove garbage or refuse in any
residential district except between the hours of 6:30 mm. and 6:00 pan. on any
weekday or during these same hours to ac, c, ommodste 1'~__ l~ational
a
c. Construction, main~ce and repair activities. No person shall engage in or
permit consmm6on, maintenance or repair activities creating noise, including, but not
limited to, the use of any kind of electric, diesel, pneumatic, or gas-pow~ machine
or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on
any weekday or between the hours of 9:00 mm. and 9:00 p.m. on Saturday, and no
such activity is permiorxt on Sundays or on the following public holidays: New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day. Residential construction, repairs or maintenance, including lawn
maintenance, conducted by the homeowner or occupant shall be penxfitted between
the hours of 8:00 mm. and 9:00 p.m. on Sundays and public holidays. The use of
electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of
9:00 a.m. and 9:00 p.m. durin the seven Residential snow removal is
not limited by this section.
d. Violation of this subsection is a misdemeanor.
(24) Nuisance light on residential properties.
a. Definitions. In this section:
(i) Direct glare means an excessive brighmess contrast producing a sensation of
visual discomfort resulting from insufficiently shielded light source in the field of
view.
71
(ii) Intermittent light means any m'fifieial light which flashes, revolves or
fluctuates in such a manner that the variance is easily distinguished by personal
observation.
(iii) Light source means a device (such as a lamp) which provides visible energy.
(iv) Light trespass means light emitted that is visible beyond the boundaries of
the property on which the light source is locatexL
(v) Person means an individual, firm, parmership, trustee, agent, association,
corporation, company, governmental agency, club or organization of any kind.
b. Direct glare and light trespass declared a nuisance. Glare, light trespass and
intermittent artificial light impacting on residential properties between the hours of
11:00 p.m. and 7:00 a.m., which cause loss of enjoyment, comfort or repose, and use
of such properties as determined under subsection 13-2(24)c. of this section is
declared a nuisance.
c. Nuisance determined.
(i) Light trespass shall be eonsid~ed a nuisance'when light preduces 0.2
horizontal foot candles or more at approximately four (4) feet from the ground or
floor surface on other residential ~ at the ~ line.
(ii) Direct glare shall be considered a nuisance when an artificial light source has
not been properly located, shielded, directed or controlled, and as a result there is
a direct line of sight between the light source or its reflection and a point five (5)
feet above the ground or higher at the ~ line of other residential property if
such intensity causes discomfort or annoyance.
(iii) Int~rmi~t light shall be considered a nuisance when it impacts trixm a
habitable area of other residential property with such intensity and variance as to
cause discomfort or annoyance.
d. Production of light nuisance prohibited. No atlificial light source shall be installed,
allowed to be installed or permitted on any property which light sources is an
intermittent light source, or due to its intensity or physical characteristics, causes
direct glare or trespasses onto a residential ~ in such a manner as to cause a
nuisance during the hours of 11:00 p.m. through 7:00 am.
e. Responsibility. It shall be the responsibility of every installer of artifidal lights and
every owner or occupant of property on which artificial lights are installed to comply
with subsection 13-2(24)d. of this section.
f. Exemptions. The provisions of subsections 13-2(24)d. and c. of this section shall
not apply where:
72
(i) Such lights are causexl to be installed by the f~, state or local gov~rnm~t
or agency, to light public ways or m for public benefit; or
(ii) Such lights are required by law for safety reasons and there is no practical
way to control them to eliminate the nuisance.
NOLSE
Sec. 13-50. DEFINITIONS.
Genera/. Words and phrases in this section have, when used in this Article,
the meanings given in Chapter 1 of the City Code. Any other word or phrase
used in this Article, and defined in regulations of the ~/llnnesota Pollution
Control Agency Noise Pollution Control Rules Chapter 7030, has the
meaning given in those regulations.
A/r C/rcu/at/on Dele. M_~ns a mechanism _deal_ otmed and used for the
controlled flow of air used in ventilation,' coolin~ heating, or conditionin~
but not limited to, central and window air conditioning units.
73
LIO. Means the sound level, expressed in decibels (dBA) which is exceeded
10 percent of the time for a one-hour period, as measured by a sound level
meter having characteristics as specified in the latest standards, S1.4, of the
American National Standards Institute and using test procedures approved
by the police department.
LS0. Means the sound level, expressed in decibels (dBA) which is exceeded
$0 percent of the time for a one-hour period, as meammM by a sound level
meter having characteristics as specified in the latest standards, S1.4, of the
American National Standards InMttute and using test procedures approved
by the police department.
Qutdoor Recreational Uses. Means only the following: public/private golf
courses, and operation of driving ranges incidental to the Loft course use; ice
rinks on and ski trail
~ound Source Control P/an. A plan that identifies any potential noise source
which may occur in eonne~on with a request for zoning approval, including
specific actions that will successfully mitigate the potential undesirable
effects of the noise source.
See. 13-$1. NOISES PROHIBITS.
General Prohibition. No person shah make or cause to be made any
distinctly and loudly audible noise that unreasonably annoys, distnrbs,
injures, or endangers the comfort, repose, health, peace, safety, or welfare of
any persons or precludes their enjo~t of property or affects their
property's value. Thi~ general prohibition is not limited by the specific
restrictions of the subdivisions.
bm
Motor Vchides. Minnesota Statutes sections 169.69 and 169.693 (motor
vehicle noise limits) and Minnesota Rides parts 70~0.1000 through
7030.10~0, as these statu~ and rules may be amended from time to time, are
herby adopted by ref~ No person shall operate a motor vehicle in the
City in violation of the motor vehicle noise limits herein adopted.
Horns, Audible Signalin~ Devices, Etc. No person shall sound any signaling
device on any vehicle except as a warning of danger, as required by Minn.
Stat. §169.68.
74
do
Exhaust. It shall be unlawfld for any person to discharge the exhaust or
permit the discharge of the exhaust from any motor vehicle except through a
muffi~ that effectivdy prevents abnormal or excessive noise and complies
with all applicable state laws and regulations.
1. Eneine Retaixfina Brakes. It shall be unlawful for the operator of any
truck to intentionally use an engine retarding brake on any public highway,
street, parking lot or alley within the city which causes abnormal or excessive
noise from the engine, except in an emergency.
2. Vehicle Noise Signaee. Signs stating 'W~'_~fllCLE NOISE LAWS
ENFORCEW' may be installed at locations deemed appropriate by the City
Council to advise motorists of the prohibitions contained in this Sectio~
except that no sign stating "VF_~I~CLE NOISE LAWS ENFORCI~W' shall be
ingtalled on a state highway without a permit from the lVlinnesota
Department of Transportation- The provisions of this Section are in full
force and effect even if no signs are install~
Defective Vehicles or Loads. No person shall use any vehicle so out of repair
or so loaded as to create loud and unnecemm~ gratin~ grinding, rattling~ or
other noise.
Loading~ Unloadin~ Uno~ No person shah create loud and excessive
noise in losdiwg, unloading, or unpacking any vehicle.
g. Rndios~ Tape Player, Com.ma__ct Disc Player, P~_otn_~ System; Etc.
1. General Prohibition. No person shall use or operate or permit the use or
operation of any radio receiving set, musical in~trumen~ tape player,
compact disc player, paging system, machine, or other device for the
production or reproduction of sound in a distinctly and loudly audible
manner as to unreasonably disturb the peace, quiet, comfort, safety or
welfare of any persons or their of' or affects
their property value.
2. Nighttime Prohibition. Operation of any such set, in~'uzlw, alt, machine,
or other device between the hours of 10:00 p.m. and 7:00 am. in such a
manner as to be plainly audible at the property line of the structure or
building in which it is located, in the hallway or apartment adjacent, or at a
distance of ~0 feet ff the source is located outside a structure or building shall
be prima fade evidence of a violation of this section.
hi
Partidpation in Noisy. Parties or 0atherimm. No person shall participate in
any party or other gathering of people giving rise to noise, unreasonably
disturbing the peace, quiet, or repose of another person. When a poflee
75
officer determines that a gathering is creating such a noise disturbance, the
officer may order all persons present, other than the owner or tenant of the
premises where the disturbance is occurring, to disperse ~. No
person shall refuse to leave after being ordered by a police officer to do so.
Every owner or tenant of such premises who has knowledge of the
disturbance shall make reasonable effort to see that the disturbance is
stopped.
Loudspeaker~ Amplifiers for Advertisin~ Etc. No person shall operate or
permit the use or operation of any loudspeaker, sound amplifier, or other
device for the production or reproduction of sound on a street or other
public place for the purpose of commercial advertising or attracting the
attention of the public to any commercial estab~t or vehicle, without a
written permit from the City. Application shall be mnrle on forms provided
by the City. The application shall require the hours and location of the
proposed use. If the proposed use complies with this Article and other
ordinances, the permit shall be Permit fees shall be established by
resolution of the City CounciL
Animals. No person shah keep any animal that unreasonably disturbs the
comfort or repose of any person by its frequent or continued noise. For
purposes of this subdivision, *'disturbs the comfort or repose of any ~rson
or continued noise*' means any one of the following:
1. The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and
can be heard from a location outside the building and p _remi~es where the
animal is being kept, and the animal has made such noises intermittently for
more than three (3) minute8 with one minute or less lapse of time between
each 9nirrml noise during the t~ (3) minut~ peA'il)d; or
2. The animal noise can be heard five hundred (~00) feet from the location
of the building and promises where the animal is being kept, and the animal
has made such noises intermittently for more than three (3) minutes with one
minute or less lapse of time between each animal noise during the three (3)
minute period; or
3. The animal noise can be heard from a location outside the building and
premises where the animal is ~ kept, and the aninml has made such
noises intermi~tly for a period of at least five (S) minutes with one minute
or less lapse of time between each animal noise during the five (5') minute
76
ko
Schoo~ Churches~ Hospitals~ Etc. No person shall create any excessive noise
on a street, alley, or public grounds adjacent to any schooL, institution of
learning, church, hospital or home for the elderly when the noise
~nably interferes with the working of the institution or disturbs or
unduly annoys its occupants or residents and when conspicuous signs
indicate the presence of such inntitution.
Sec. 13-52. HOURLY RF~TRICTION ON ~RTAIN OPERATIONS. (In section
13-2 (c) (23))
Recreational Vehicles and Snownmbile~ No person shall, between the
hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or
other recreational vehicle not licensed for travel on
bo
Domestic Power Equipment. No person shall operate a power lawn
mower, power hedge clipper, chain saw, mulcher, garden tiller, edger,
leaf blower/vacuum, drill or other similar domestic power
maintenance except between the hours of 7:00 a.m. and
9:00 p.m. *
Refuse Hauling and Recy. clin~ Collection. No person shall collect or
remove garbage or refuse or collect designated recyclables In any
residential district the hours of 7:00 a.nL and
10:00
d.
ConsWu~on~ Maintenance and Repair Activitie~ No person shall
engage in or permit construction, maintenance and repair activities
involving the use of any idnd of electric, diesel or gas-powered motor
vehicle or machine or other power the
hours of 7:00 a.m. and 6:00 p.n~
Exceptions. The following uses and activities are exempt from this
Section as specified below:
1. Snow removal motor vehides, equipment and opemtious are exempt
from § 13-52(b) and §13-52(d).
77
2. Excavation/grading operations are exempt from § 13-52(d), but must
comply with § 7.45.
o
Outdoor recreational uses are exempt from § 13.52(b) and §
13.52(d).
See. 13.53. EXI~.~QN FOR EMERC~EN~ WORK.
Noise created exclusively in the performance of emergency work to preserve the
public health, safety, or welfare necessary to restore a public service or eliminate a
public hazard shall be exempt from the provisions of this Article for a period not to
exceed 24 hours after the work is commenced. The City M4~m~g or bin or her
designee may grant an extension of the 24 hour exemption as it deems appropriate.
Persons responsible for such work shall inform the City Manager or his or her
designee of the need to initiate such work or, if the work is commenced during non-
business hours of the City, at the beginning of the first business day thereafter. Any
person responsible for such emergency work shah take all reasonable actions to
minimize the amount of noise.
Sec. 13-54. ENFQR~NT.
Notice of Certain Violations. When the ~
~x.......+.......+ city determines thnt a noise exceeds the nmxinmm sound
level permitted under this Article, written notice of the violation shnll
be given to the owner or occupant of the premiges where the noise
origitmtes and such person shnll be ordered to correct or remove each
specified violation within such reasonnble time as is prescribed in the
notice. The falhn~ to remove or correct any such violation within the
time so prescribed constitutes a violation of this Article.
bo
Civil Remedie~ This Article may be enforced by injunction, action
for abatement, or other appropriate civil remedy.
Criminal Penalties. Any violation of this Article involving the
operation of a motor vehicle, other than a violation of Section 13-
SI(c), which occurs in a motor vehicle, ts a potty misdemeanor. Every
person who violates any other provision of this ordinance is guilty of a
misdemeanor. In all cases the city shall be entitled to collect its costs
of prosecution, including Feasonable attorneys' fees, to the extent
authorized by law. Each act of violation and each day a violation
occurs or continues, constitutes a separate offense.
78
Chapter 14 Parks and Recreation
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79
14-56 Definitions.
~.~ _"Z~'~. -'--T ,-.,e_- ".-. ~-."--~
Sec. 14-56
~n~w a ~-p~~~ v~de w~ ~ d~~ for ~vd on ~ow or i~ ~~ by
s~ or ~e~.
Sec 14-58. Public gathering permits.
A permit shall be obtained from the city ~--~-~ .... --~-~:--~"---~,,..,.,,.~,,..~ ~.:- for any of the following
activities in a city park:
Carnivals;
Community celebrations;
Gatherings of fifty (50) or more persons including picnics and political gatherings; and
Contests and exhibitions, including, among other things those that require exclusive use
or charging admission.
Sec 14-59. Parking Permits
80
Sec 14-61. Alcoholic beverages
Except for malt beverages, no person shall consume or have in his ~ possession
while within any city park any bottle or receptacle which contains intoxicating liquor
which has been opened, or the seal broken, or thc contents of which have be partially
consumed.
Sec 14-63. Destructive devices.
No ~ air rifles, BB guns, slingshots, explosives, fireworks, or devices
capable of discharging blank ammu~tion shall be brought into or used in park areas,
except by peace officers while executing their lawful duties.
Sec 14-65 (a). Animals
(a)Except as provided in subparagraph (b) below, no person shall be permi~ to take
any animal, excluding but not limited to dogs and cats, into a park This prohibition shall
not apply to properly harnessed or leashed service animals, from a reco~tmizg, d service
training program, assisting totally or partially blind or deaf persons with a physical or
sensory disability, or to a dog used by law enforcement officers or persons training a
dog to be a service dog or in rescue action.
81
Chapter 15. Planning and Development
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Sec. 15-20. Purpoae
Land that is nee3exl for future atreet pm'posea and aa aitea for other nccesaary public
facilities and aervicea ia frequently divextexl to nonpublic uaes which would have beca
82
located on other lands without hardship or inconvenience to the owners. When this
happens, public uses of land may be denied or may be obtained only at prohibitive cost or
at the expense of dislocating the owners and occupants of the land. Identification on an
official map of land needed for future public uses permits both the public and private
property owners to adjust their building plans equitably and conveniently before
investments are made which will make such adjustments difficult to accomplish. It is the
purpose of this article to provide a uniform procedure for the ~ use of official maps
as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, sections
462.351 to 462.364.
Sec. 15-29. Publication and filing.
8:)
Chapter 16 Solid Waste
Sec 16-1 Definitions (definitions shall be relocated to chapter 1).
Mixed municipal solid waste means garbage, refuse, an other solid waste from residential,
commercial, industrial and community activities which is generated and collected in
aggregate, but excluding auto hulks or large auto parts, street sweepings, ash,
construction debris, mining waste, sludges, household hazardous waste, tree and
agricultural wastes, tires, lead acid batteries, ~ motor and vehicle fluids and
f'dters, yard waste, and other materials collected, processed and disposed of as separate
waster streams.
Yard waste means organic materials consisting of grass clippings, leaves, weeds and
other forms of organic garden waste, but excluding bushes, fibrous brush, woody
materials, or other materials that are not readily com.m)stible within a calendar year.
Sec. 16-33 (5) ~ting requirements
(5)
Quarterly report on mixed recyclables. Each licensee shall submit a quarterly retx~
to the city of the weight, in tons, of mixed recyclables collected by the licensee in
Chanhassen. The report shall be provided on or before the twentieth day of the
month following the close of the quarter and shall be on a form provided by the
city. The report shall also identify the estimated weight of each type of collected
recyclable, distinguish residential collection tonnage from commercial/industrial
tonnage, and describe how the weights were calculated. The report shall specify
where reeyelables are taken and the quantities delivered there. Upon written
notice to the licensee, the city may require ~imilar reports on other m~t_t~rials picked
up by the licensee.
Chapter 17. Stre~ and Sidewalks
Definitions:
Excavation(l) The removal of the natural surface of the earth, whether sod, dirt,
soil, sand, gravel, stone, or other matter, creating a depression. (2) Any area where
the topsoil or overburden has been removed for the purpose of removing earthly
deposits or minerals. (3) Any area that is being used for stockp~ storage, and
processing of sand, gravel, black dirt, clay, and other minerals. (Chapter 17)
Permittee means any person to whom a pexmit issued. (Chapter 17)
Contractor: someone (a person or firm) who contracts to build things 2: (law) a
party to a contract (Chapter 17)
S~c. 17-17. Permit
(a) No person shall excavate, dig, tunnel or ditch in or under any street, alley, public
ground or public easement without first obtaining a permit from the city cz,--~,:2 and
paying the fee established by resolution for the permit. An excavation permit is not
required of a boaded licensed plumber who has secured a permit for the installation
of water or sanitary sewer services or an individual sewage.,~,...,.. -~: ..... ~ treatment
system.
Co) Each application for permit shall be made in writing on a form fimaished by the
city.
(c) Each permit for an excavation shall be issued in writing and shall be kept on the
site of the work while it is in progress, in the custody of the individual in charge of
the work. The permit shall be exhibited to any city official upon request.
(d) Unless the applicant has in force the bond required of licensed plumbers, or
unless otherwise waived by the city council, a surety bond in the amount of two
thousand dollars ($2,000.00) shall be required fxom each permit applicant. Such bond
shall be conditioned that the ~-r!.-:.~l applicant_shall peffo~ the work in accordance
with this article and all applicable regulations.
85
Sec. 17-22. Accident preventiom
(a) Precautions shall be exercised at all times for the protection of persons and
property. The safety provisions of applicable laws and building and construction codes
shall be observed; machinery, equipment and all hazards shall be guarded or eliminated
in accordance with the safety provisions of the ~ .... ' "*' '~'~''~'~'-~ ~ .... ~:"- ~''
C~n~-..ctc~ c,f .A. mc~C~, Library Specifications Book to the extent that such provisions
are not in conflict with applicable law.
* This is the standard used today
Co) Excavations and work operations shall be properly protected and identified by
barricades, flags, and if required, by flagmen in the daytime; and by flares, blinkers or red
lanterns at night.
(c) Excavations shall be cribbed when necessary in order to prevent cave-ins
endangering life or property or tending to enlarge the excavation.
(d) The end of boomed or swin~ng equipment shall not operate closer than five (5)
feet of an electric power or communication cable, guy or stay.
(e) Underground construction shall not harm root growth of cultured, sightly or
ornamental trees and shrubbery.
Sec. 17-23. Roadways.
(a) Installation of pipe and utility conductors under Portland cement concrete, asphalt
concrete, or other high-type bituminous pavements shall be done by jacking, augering or
tunneling as directed by the city engineer unless otherwise autho~ by the city council.
When this type of installation is made, a city-approved casing of larger dimension shall
be used to sleeve or encase the service pipe or conductor.
(b) When excavating in an improved road, each class of excavated material shall be
piled separately. When removing pavement of Portland cement concrete, asphalt concrete
or high-type built-up bituminous surfacing, the pavement shall be removed a distance of
nine (9) inches beyond the trench width and length, in order to provide a shoulder and
solid foundation for surface restoration.
(c) For minor utility (Individual gas, electric, phone, cable, etc.) no open cutting
of the street will be allowed.
*Current ordinance does not address minor utility
86
(ed) Excavations and jacking pits shall be bermed when unallended to prevent
entrance of surface drainage.
(de) All back-filling shall be plac.~ in six-inch layers at optimum moisture and
compacted to achieve one hundred (100) percent of AASHTO density. Compaction shall
be accomplished with hand, pneumatic or vibrating compactors as appropriate. Backfill
material shall be class 5 as per state highway depamnent specifications, or betI~r if
required by the city. Compacted backfill shall be brought to strut grade, and crowned not
more than one (1) inch at the center. If settlement occurs or excavation fails within two
(2) years from completion date requiring replacement of the roadway surface, the
excavation backfill material and the surfacing shall be replaced by the city at the expense
of the permittee.
(of) City approval shall be required for any consmmtion anchors or braces within
the boulevard or on the shoulders. Vehicular driving onto the boulevard or shoulders
from the roadway shall be regulated as required by circumstances. The method of
construction and type of machine excavation shall receive prior approval of the city.
(fg) Excavations wider than four (4) feet shall not be permitted without special
authorization. Street traffic shall be maintained unless provided otherwise by the permit
provisions. No lugs damaging to roadway surfaces shall be used on equipment. Dirt or
debris tracked or spilled onto the street surfacing shall be periodically removed during
construction to prevent accumulation.
(gh) Street surface and roadside shall be cleaned after completion of construction
and shall be left in a neat and presentable condition.
Od) Aft~ all construction and clean-up has been completed, the pcrmittee shall
notify the city within twenty-four (24) hours to this effect and shall request inspection
and preliminary acceptance of the work.. Proper "As built" plans, as r~qulred by the
city engineer, shall be submitted prior to acceptance.
ARTICLE m. MOVING BUILDINGS*
DIVISION 1. GENERAT.T.Y
See.. 17-31. General standards.
All ased buildings moved into or within the city shall comply with the following:
(2) The building is well maintained and in a good state of repair as determined by
the Building Official
87
(3) Chapter 20.
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DIVISION 2. PERMIT
Sec. 17-41. Required.
No one may move a ased building into or within the city except upon issuance of
a permit issued by the city ec-.:nc:A and from all regulath~ agencies.
Sec. 17-42. Application.
(a) A person required to obtain a permit by this division shall file an application with
the city, accompanied by a fee in the amount established by resolution.
The application shall be referred to the city building-iast~~ci~ for
~mmell on. ~, ......................
*Staff is proposing the building permit for moving a building be processed
administratively. As such, all conditions requiring City Council approval have been
deleted.
Sec. 17-44. Issuance.
The city ",,~,'l.~zi! aha]] approve a permit pursuant to this division subject to such
reasonable conditions as may be appropriate ff the standards set forth above are met. If
the building does not satisfy the requirements for a permit, the city ~un::.'. may issue a
permit on condition that the building is brought into compliance within a reasonable
88
period of time as determined by the city cc'-~c:2. The city c.c--..r,c:2 may fin&er condition
approval upon the applicant furnishing a letter of credit satisfactory to the city sufficient
to cover the necessary work to bring the building inw compliance.
(Ord. No. 80, Art. VI, § 19(6-19-5), 12-15-86)
Article IV. Snow and Ice Removal
Sec. 17-50. Snow and ice removal from sidewalks.
Purpose. The purpose of this section is to require the owners or occupants of
real property to maintain public sidewalks abutting their property to prevent
a public nuisance aff~ the safety of the general public.
bm
Responsibility for Removal of Snow and Ice. It shall be unlawhd for the
owner or occupant of real property to fail to remove snow and ice from
sidewalks abutting their property within twelve (12) hours after the snow
and ice has been deposited.
Special Assessments: After giving the owner or occupant of real property
not in compliance with this section two (2) days advanced written notice of
noncompliance, the may cause the snow or ice to be removed and may assess
the cost against the property owner in accordance with ]VlInnesota Statllt~
Section 429.101.
d. Penalties:
1)
Any person who violates this section shall be guilty of a petty
mi~demeanor and shall be punishable by a fine of up to one hundred
dollars ($100.00).
2) A separate violation occurs each day that a violation hereunder
continues.
89
Chapter 15, Subdivisions
CODE AMENDMENTS
12/27/02
2/20103
3/13/03
Sec. 18-1. Definitions.
All definitions shall be consolidated in chapter 1.
Wetland delineation means a boundary between jurisdictional wetland and
nonwetland based on the 1987 Corps of Engineers Wetlands Delineation Manual
Acceptable wetland delineations shall be no more than three (3) years old, unless
accompanied by documentation demonstrating: 1. The delineation has been
reviewed in the past three (3) years by a person trained and experienced in the
application of the 1987 Corps of Engineers Wetlands ~eation Manual; and 2.
That the delineation is still accurate or has been revised to reflect existing site
conditions.
Wetland delineation report _me~_ ns a report containing a brief site narrative, maps of
the site and all pertinent data sheets that document the establishment of a wetland
delineation.
Sec. 18-39. Preliminary plat-Generally.
(a) After the preapplication consultation and at least ~.'em'y ~'ac,.,.,'n~x twenty-eight (28)
days prior to the meeting of the planning commission at which action is desiwA, the
applicant may file with the city, an application for preliminary plat approval. The
application shall be accompanied by copies of the plat in such number as required by the
city, an eight and one-half-by-eleven-inch transparency reduction of each sheet, proof of
ownership satisfactory to the city, and a list of prope~ owners within five hundred (500)
feet of the property certified by an abstract company. The applicant shall pay the
application fee established by city council resolution. All required data, documentation
plans, copies and fees must be submitted before the application will be considered
complete. Rejection of the plat by the city council, or abandonment or withdrawal of the
proposed plat by the subdivider, shall not entitle the applicant to the remm of all or any
part of the application fee.
(f) The findings necessary for city council approval of the preliminm'y plat and the final
plat shall be as follows:
(1) The proposed subdivision is consistent with the zoning ordinance;
(2 The proposed subdivision is consistent with all applicable city, county and regional
plans including but not limited to the city's comprehensive plan;
(3) The physical characteristics of the site, including but not limited to topography, mils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
(4) The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other improvements required
by this chapter;
(5) The proposed subdivision will not cause environm~tal damage;
(6) The proposed subdivision will not conflict with easements of reeo~
(7) The proposed subdivision is not premature. A subdivision is premsmre ff any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of dedicated and im.m'oved public streets.
c. Lack of adequate sanitary sewer systems and no~ IS'IS (individual sewer treaunent
system).
d. Lack of adequate off-site public improvements or supix~ systems.
See. 18-40. Same--Data required.
(2)
fi Topographic data within the ~ to be subdivided and one hundred (100)
feet beyond the ~ boundary, showing contours as follows: two-foot
intervals where slope is ten (10) percent or less; five-foot intervals where slope is
ten (10) to fifteen (15) percent; ten-foot intervals where slope is greater than
fifteen (15) percent. All areas of the subdivision to be platted with a slope greater
than twenty-five percent must be clearly indicated. However, on undevelopable
sections or larger acre lots topographic data may be reduced to significant
physical characteristics, such as top and toe of slope, if in the opinion of the city
the area is viewed as unsuitable for future subdivision. Location and elevations of
on-site and abutting water courses, lakes, wetlands, rivers, streams, and marshes
at date of survey and their ordinary high water mark plus approximate high and
le, w normal water elevations shall also be shown. A wetland delineation report
and surveyed wetland delineation for all wetland basins on or within one
hundred (100) feet of the property boundary. Where the subdivision borders a
lake, fiver or stream, a meander line shall be established at an elevation two (2)
feet above the recorded high water elevation of the lake, river or stream. Flood
plain areas, location of wooded areas, rocky outcrops, power transmission poles
and lines and other significant physical feamr~ shall also be shown.
(4) c. A drainage plan for the area indicating the direction and rate of natural storm
water runoff ==~, those unaltered areas where storm water collects and percolates
into the ground and the path of all storm water to public storm water
inf~. A propo~ drainage plan for the developed site indicating the
direction and rate of runoff and those areas where storm water will collect and
percolate into the ground shall also be included. Storm water management shall
be consistent with the city's ~.~-~ ~urface water management plan.
Sec. 18-41. Final Plat
(a) Unless otherwise provided in thc development contract for phased development,
within one (1) year af~ the date of the city council approval of the preliminary plat, thc
subdivider shall file an application for approval of the final plaL In addition to the
application the subdivider shall submit:
(1) Copies of the plat in such quantifies as is required by the city,
(2) Two (2) mylar copies of the plat;
(3) One (1) two hundred (200) scale copy of the plat.
(4) 1"=200' scale mylar reductions of the final plat with Just street names and
lot and block numbers, digital copy in zlwg format and a digital copy in .tif
format (pdf compatible) of the final plat shall be submitted.ff the final plat
application is not filed within this period, the prehminary plat will be consi~ void
unless for good cause shown an extension is requemed in writing by the subdivider and
granted by the city council prior to the one-year anniversary date of the preliminary plat
approval. The application for final plat approval shall be filed at least.,,,.~ ~,~~'--~" ~.~t~ A~
twenty, one (21) days prior to the meeting of thc city council at which action is desired.
Co) The final plat shall conform to the requirements of this chapter and to all conditions
set forth in the approval of the pre~ plat as modified during final plat approval.
(c) The city council shall review the final plat and shall approve or disapprove it within
sixty (60) days of receipt of the completed application.
(d) No final plat shall be approved by the city council until the plat is in a form
acceptable for recording with the county, the proper filing fees have been paid to the city,
a development contract has been signed, appropriate security has been furnish~ and no
other payments to the city related to the development are outstanding.
(e) Upon approval of the final plat by the city council, the city shall notify the applicant
of the approval and within thirty (30) days thereafter, the applicant or the city attorney
shall file the final plat with the county recorder and furnish the city evidence of such
recording. Failure of the applicant to comply shall be cause for revoking the city's
approval.
0 The developer shall pay the city a fee establ~ed by city council resolution to
reimburse the city for the cost of updating the city's base maps and geographic
information systenm (GIS) data base files and converting the plat and record drawings
into an electronic format.
Sec. 18-56. Generally.
The proposed subdivision shall conform to the comprehensive plan, :.......a: ...... a
design ?~..~c~k standards, and Chapter 20 of th/s Code~ The design f~ set forth
in this article are minimum requirements. The city may i .m!x)se additional or more
stringent requirements concerning lot size, streets and overall design as deemed
appropriate considering the property being subdivided.
Sec. 18-57, Streets. Subsection b:
b) Street right-of-way widths shah be consistent with the comprehensive plan and
official map, and shall conform to county and state standards for trunk highways. If no
such plans or standards are applicable, right-of-way and pavement widths shall not be
less than the followin[~:
Street
Classifications
.VIinor arterial
Collector
Local street (rural
residential)
Local street (urban
residential)
Local street
(commercial/industrial)
Cul-de-sac, turnaround
radius (urban/residential)
Cul-de-sac, turnaround
radius(rural residential)
Cul-d~sac, turnaround
radius(commercial/industrial)
Private Street (Residential
Serving A-2, RR, RSF, R-4)
Private Street (Residential
Serving R-8, R- 12, R- 16)
Private Street
(commercial/industrial)
Right-of-Way
Widths (feet)
100
80
60
3O
Roadway/Pavement
Width (feet)
36 to-44
36
~4
36
48
Sec. 18-61. Landscaping and tree preservation req~ts.
Required landscaping/residential subdivisiorr
(1) Each lot shall be provided with a minimum of one (1) tree to be plaeeA in the
front yard. The type of tree shall be subject to city approval. (The city will
provide a list of species). Coniferous txees must be at least six (6) feet high
and deciduous trees must be at least two and one-haft (21/~) inches in diameter
at the time of instaUation. This requirement may be waived by the city where
the applicant can demonstrate that a suitable tree having a minimum diameter
of two and one-half (2i/~_) inches for deciduous and six-foot height for
ever ~,~ .... x~-/~,-~,. ~ ....
location on the lot. The following trees may be used to meet planting
Primaxy Specimen
Deciduous Trees
Acer saccharum
ovata
Celtis occidentalis
Juglans nigra
Quercus nd~ra
Quercus alba
Quercus bicolor
Quercus macrocarpa
Tilia americana
ICommon Name
Maple, Sugar or hard
Shagbark Hickory
Hackberry
, Black Walnut
Oak, Red
Oak, White
Oak, Bicolor
Oak, Bur
Df,,.,..1, · .~.~,.,,~
Secondary Deciduous Trees
.Lam m e-~.. m ed g S, S
Acer rubrum spp.
Red, all varieties
Acer saccethariman ·Silver Queen'
Aesculus glabra
Betula nigra
Betula papyrifera
Betula pendula 'Dalecarlica'
Catalpa speciosa
Fraxinus ~ spp.
~' .... $. ........... l .... ~.,.. ·
0 ,, ,, ,11,, ,, ,,m
Ginkgo biloba
Gleditsia triacanthos inennis
Gleditsia triacanthos inermis 'Imperial'
~'-~:':--: Cde~ triacanthose inermis
~ spp.
Maple, Silver Queen
Ohio Buckeye
Birch, River
Birch, paper
Birch, cut leaf weeping
Northern Catalpa
Ash, ~'~c all varieties
A ~g. ii,.,,,,L..,llm,,
Honeylocust, thornless
Honeylocust, Imperial
Honeylocust, Skyline
Ulmus spp.
Ornamental
Acer ginnala
Amelanchier spp.
Cratae gus spp.
Malus (various species)
Ostrya virg~niana
Populus tremuloides
Sorbus spp.
Phellodendron anmren, e
Prunus cerasifera 'Newport'
Prunus triloba
Prunus virginiana 'Schubert'
DI. ...... ~-,.,.,,~.,,1,, ~t'",.,l .....
Syringa reticulata
"l";l g .... ,i..,~,.~
Conifers
Abies balsamea
Abies concolor
Larix laricina
Picea abies
Picea glauca
Picea glauca densata
IDED-resistm~ variet~s
Maple, Amur
Serviceberry or Juneberry
Hawthorne
assorted flowering- V~~..
1'~.~.1.~ ~. L-'I ..~.. .,~
Ironwood
Ash, Mountain
Anmr Corktree
Plum, Newport
Pt~n, flowering or Ro,e Tree of China
Chokeberry, $ch~ert~
D..,,./~L,~--.,. rl".-,llL
Lilac, Japanese ~ee
Fir, Balsam
Fir, Concolor
Tamarack
Spruce, Norway
Spruce, White
Black Hills
Picea pungens
I
Pinus nigra
Pinus ponderosa
Pinus resinosa
Pinus strobus
Pinus sylvestris
Pseudotsuga menziesii
Thuja occidentalis
Thuja occidentalis 'Techny'
Spruce, Colorado Green
0 ..... [n,-,t,.,....,..,,l....
Pine, Austrian
Pine, Ponderosa
Norway
Pine, White
Pine, Scotch
Fir, Douglas
Arborvitae
Techny Arborvitae
(2) Thc tree(s) must be installed prior to receiving a certificate of occupancy or
financial guarantees acceptable to the city must be provided to ensure timely
installation.
*Grammatical correction.
(3) All areas dis~ by site grading and/or consmiction must be seeded or
sodded immediately upon completion of work to minimi?~ erosion. When
certificates of occupancy are requested prior to the satisfaction of this
requirement, financial guaran~ acceptable to thc city, must be provided.
(4) No dead trees or uprooted stumps shall remain after development. On-site
burial or burning is not permitte~
(5)
Landscaped buffem around thc exterior of the subdivision shall be required
by the city when the plat is contiguous with collector or a_nexial streets as
defined in thc comprehensive plan and where thc plat is adjacent to more
intensive land uses. Required buffering shall consist of berms and landscape
material consisting of a mix of trees and shrubs and/or tree preservation
areas. No fences will be pem~tted between thc required buffer and the
collector or arterial street. Where approtniate, the city may require
additional lot depth and area on lots containing the buffer so that it can be
adequately accommodated and the homes protected from impacts. Lot
depths and areas may be in~ by twenty-five (25) percent over zoning
district standards. The landscape plan must be developed with the
preliminary and final plat submittals for city approval. Appropriate financial
guaranw.~ acceptable to the city shall be required.
Co) It is the policy of the city to preserve natural woodland areas throughout
the city and with respect to specific site development to retain as far as practical,
substantial tree stands which can be incorporated into the overall landscape plan.
as approved in a subdivision, planned unit development or site plan application.
Removal of trees prior to city approval will result in the immnnee of a citation- The
cleared area shall be replanted at a rate of two (2) times the DBH inches (DBH
means diameter messured at breast height, 4-~ feet above the ground) of trees
removed, ff known, or one (1) tree per 1,089 sqnnre feet of replacement area with
the required replacement area calculated at 1-~ times the canopy coverage area that
was removed. Add/t/ona//y, the development revi~ process shall be halted and the
developer shall be required to resubmit revised existing site condition argl tre~
inventory plans and n~w landsc~g plans incorporating the additional planting
(d) The following standards shall be used in evaluating subdivisions and site
plans:
(1) It is a policy of the City of Chanhassen to protect the integrity of the natural
environment through the preservation, protection, and planting of trees. The
city finds that trees provide many benefits including: stabilization of the soil
by the prevention of erosion and sedimentation, reduction of storm water
runoff and the costs associated therewith, imln'ovement of air quality,
~duction of noise pollution, control of urban heat island effect, protection
and increase of ~ values, protection of privacy, energy conservation
through natural insulation, control of drainage and restoration of denuded
soil subsequent to constm~on and grading, protection from severe weather,
providing habitat for birds and other wildlife, conservation and enhancement
of city's physical and aesthetic environment, refcrrest~on of ~en lands, and
general protection and enhancement of the quality of life and general
welfare of the city. It is therefore the purpose of this section to provide
regulations related to the cutting, removal, or killing of trees on construction
and development sites and to ensure the protection and preservation of the
natural envixonment and beauty of the City of Chanhassen.
(2) Prior to the submittal of development plans, a tree survey of the site shall be
prepared by a registered landscape architect, licensed forester, or other
professional approved by the city. This survey shall include the species,
DBH size (DBH means diameter measured at breast height, 4.5 feet
10
above the ground), condition, location of all ~:....m~n~,
o-r,' ....... , ~,v~-,~, trees over
six inches in diameter and any damaged or diseased trees on site. Ail
significant special, damaged or disemsed trees shall be tagged and identified
by number on the survey. A delineation of the existing canopy coverage
area(s) which outlines all areas covered by tree canopy shall be included as
part of the survey. Additionally, all damaged and diseased trees shall be
cataloged with the nature and extent of any damage or disease specified.
Based on this survey and either site observation and measurement or a
current aerial photograph (taken within one (1) year of the date of plan
submittal) interpretation, the following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
The following table shall be used to determine the minimum amount of
canopy coverage that must be main~ed or provided on-site as part of the
development. It shall represent the minimum canopy coverage, consisting of
existing tree canopy and/or additional trees required for the site. Existing
wetland areas located on site shall be excluded from the calculation of site
area in the determination of site coverage. If a fomaed area is to be
dedicated to the city for park land, then this area shall not be included in the
base line canopy coverage area calculation nor shall it acura.%' / towards
the minimum canopy, ¢ ovem~ for the site.
Base Tine Canopy Coverage Per Acre
Comprehensive Plan Designation 80- 60-79% 40-59% 20-39% 19% or
100% less
Commercial/industrial]institutional 28% 25% 20% 14% 10%
High density residential 35% 30% 25% 20% 15%
Medium density residential 40% 35% 30% 25% 20%
Low density residential 55% 46% 35% 30% 25%
Large lot residential 68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the development
application is filed with the city. Minimum canopy coverage is determined by using the
matrix.
Priority shall be given to retaining stands of trees and undi~ wooded lands over
individual specimen trees that will be incorporated into the development No more than
ten (10) percent of the canopy retention requirement may be met by an individual tree
that is not included within a designated woodland area.
For developments that do not meet the minimum canopy coverage, the developer shall be
required to develop a forestation plan to bring the total canopy coverage up to the
minimum requirement. Where existing woodlands are removed or there is a loss of trees
11
that would otherwise be used to meet the canopy coverage retention reqtfirement, the
developer shall develop a woodland replacement plan. The replacement plan must
designate an area at least one and two-tenths (1.2) times the removed canopy coverage
area that shall be planted with replacement trees for those removed. These plans shall
locate additional trees either as a continuation of existing stands of trees that are to be
preserved or create new stands of trees in desirable locations such as along roadway
corridors, on the north and west perimeters of the development, in common open areas,
or adjacent to park facilities.
The following criteria 8hall be followed in establishing minimum canopy coverage:
1. When planting tre~, one (1) tree 8hall be deemed to provide one thousand
eighty-nine (1,089) ~lUam feet of required canopy coverage;
2. Trees must be from the apla'Oved list of desirable species (pref~~ given
for trees designated as native);
3. No more than one-third (1/3) of the trees may be from any one (1) tree
species;
4. Trees shall average at le.~t two-and-one-half-inch caliper and may be a
mi,imum of one-and-one-half-inch calif--;
5. Not less than twenty (20) percent of the trees ~ be conifem;
6. Conifer trees shall average Even (7) feet and ~ be a minimum of 8ix (6)
feet in height;
7. Plant materials used for the reforestation 8hal.l be of a ,imilar species as
vegetation found on ~ite;
8. Trees shall be reed that ~ a~~ to the 8oil conditiom found on site;
and
9. Trees shall be from certified nm'sery stock as defined and controlled by
Minne.~ta Statute ~-~tiom 18.44 through 18.61, the Plant Pest Act.
~..~. - · ~&L.t~.--
.L.l.~.~sm.~=~&&&~.&.L~, Vv V~t&mJ.J.~sm~, ~lil W~~ WV~sm.~ uJ.~=~.t.~, ~dsL&~d. ~J...t~ ~J..Kq, d'~a~J*.
...,nfl-, :.,.,,,.,1,,,.i,~ .--_.--~,.,,~.~..,,.,.g4,..,.,, ~',.~.~,.+,,+~,-,.~ ,,~,,.i .-.~.,1..,,-.~.,-.,~,+ ~1,~,,,~.,+,, ,.,1.,,.,11
· K~-_=,,1,.,+,~A 1,.,, +k,~ A .... 1,-,..,.,,~.. ,-,,., ~ ....... + ,.,.g +i.,,~. ,.i .... 1,.,.,.,....~,~,,.I. ..... 1 "T'T,,~
·
T ,"~,,',,,~,'--. -'-'g' ,-.11 ...-,,-,-+,~,-,~-,,~
J.. ~lM,a.J.'~,fL& V.L L4.1J, .L./J.q,./~&.,& wv
k T ,.~n .,.,44 ,.,.., ,.,4:' ,.,11 .,.,~+.,.;..,.; ..... 11,,.
,ilo .~dq.~.;&d~ZV&& ~.P.L L&J.L ,LVL4d. L&L&L&~) TV
12
(4)
T...,;,,,1.- &.,,,.,;1,, ,4..+.,,,k,,A ,.~,.,; ,.1....,4.; .,1 ,4 .... 1.-,,-.,,.,,,,.+., +k,, ,,,.~.1~..,,,,,+ .... +
.... ;,.,.,~ ,,,,,~.,,,.t-. ,,.,.~ ...... +" In order to calculate the tree remov~ m~
on the lot, the applicant must neeommodnte a sixty-foot by sixty-foot building
nren or the average minimmn building nren consistent with the lnrgest
building footprints approved as part of the devdopment plus an additional
15 foot construction envelol~ ~trronnding the btfilding ~
(5)
(6)
Minimizing thc tree loss should be achieved by any combination of the following:
a. Realigmnent of streets, utilities and lot lines.
b. Consideration of alternative utility confi~ons such as thc use of ejector
pumps, force mains, or revised home elevations to minimizg grading.
c. Reductions in sm~ ~ width and right-of-way and increase in street
grade up to ten (1 O) percent when the applicant can demonstrate that
significant tree preservation is directly related to the modification.
d. Use of private ~ ~ in lieu of public streets.
e. Variation in street radius and design speed.
f. Modified grading plans.
g. Within PUDs, the city council may consider waiving ~ lot area
requirements and/or density transfers as long as it can be demonstrated by
the applicant, that tree preservation can be enhance~ In no case shall overall
project densities exceed what is allowed by the Comprehensive Plan. The
greater the level of preservation, the greater flexibility will be consi~ by
the city.
h. Within PUDs, variations to building setback lines provided a minimum
twenty (20) foot building separation is maintained between buildings on
adjacent lots. The setback variations shall be established and record~ as
part of the plat approval.
Trees designated for preservation shall be protected by snow fences with clearly
marked signage specifying that the area is off limits for construction activities, or
other means acceptable to the city, prior to land preparation or construction
activities. Protective barriers in locations determined by the city must be-looated
..,+ .g-,,,,~l..~ /'1 ")% ~.,,,,,,.. +T,,, +,..... A;.,.,,,,,+~,. ,,+ r~T~T_T 4~,,,,,.,, +1... T. .... .e +%... +..~. +i.~. ,,;..; .~ ,, ..,1
~,W'"~m~"~'~'~' ~..If~u~',&~,~slf, ...... Ws~n~,l,~s~J .[.~,=~s~.l~l~'~' remain in place until all cons~on activities arc ~innte¢].
No equipment, chemicals, soil deposits, or construcQon mamdals shaJl be placed
within thc protective barriers. AH understory trees and natural vcgctaQon should
13
be preserved within the boundaries of the protective areas. Where this protection
area cannot be maintained or would otherwise render lots undev¢lopable, an
alternate protection, mitigation or tree repl~a:ment plan may be considered and
approved by the city. This plan may include the use of retaining walls, installation
of aeration systems, requirement for post construction deep root fertilization and
soil aeration, or construction vehicle ramp systems. Failure to properly protect
trees during construction will result in a fine of $500 per diameter inch of
tree(s) harmed, removed or destroyed.
(7)
(8)
(9)
(10)
At thc city's discretion, conservation easements may be required to protect
designated ucc preservation areas. Such easements shall be permanently marked
and signed as a conservation area with low profile monumentation acceptable to
the city. A monument is required for each three hundred (300) linear feet of tree
conservation area. Within designated woodland areas, the city shall encourage the
use of indigenous grasses and plant species to more closely resemble a natural
area. Home owners associations shall be resxxmsible for the maintenance of
vegetation in commoll are~. Individual property owners shall be responsible for
the maintenance of vegetation on their property. The planting of trees in excess of
those required by this ordinance is permiRed within the designated woodland arem
During the removal process, trees shall be removed so as to prevent blocking of
public rights-of-way or interfering with overhead utility lines.
The removal of diseased and damaged trees is permissible only ff they cannot be
saved. These trees shall not be counted when computing the base line tree canopy
coverage.
If any pro~ significant trees are removed or killed or there is a loss of trees as
thc result of construction activities, the city requires replacement at thc rate of two
(2) ~ diameter inches per each inch of DBH of thc removed, killed, or lost
trees. The replacement trees shall be at least two and a half (2~/2) inches ~
diameter and will be species that conform to the List of Desirable Tree Species
for Planting in Chanhassen. No more than one-third (1/3) of the trees may be from
any one (1) tree species. Other species or sizes may be used as replacement trees
subject to approval by the city. Alternately, at the city's discretion, if a developer
removes trees within a protected area, the canopy coverage area shall be
calculated for that area and a replacement area one and one-half (1.5) times the
canopy coverage area that was removed shall be planted. One tree shall be planted
for each one thousand eighty-nine (1,089) square feet of required repl~t
area. Trees shall be from the list of desirable tree species, no more than one-third
(1/3) of trees from any one (1) tree species, average two-and-one-half-inch ~
diameter with a minimum one-and-one-haft-inch eo~ipe~ diame~, a similar
species as vegetation existing on site, and appropriate to the soil conditions. Any
14
(11)
replacement trees that cannot be planted on the original site due to space
restrictions shall be planted on city property at locations to be determined by the
city.
~-~---l~inancial guarantees acceptable to the city shall be required to ensure
satisfactory installation of landscaping requirements.
Sec. 18-63. Surface water management.
(b)
In accordance with the city's surface water management plan as a condition of
subdivision approval, subdividers shall pay a water quality and water quantity
connection charge. The charge shall be based upon the gross area of the
subdivision less thc area to be dedic~ to the city for pondin§, parks and
wetland, and right-of-way for state highways, county roads, and local arterial
roadways. The subdivision will be given a credit for any on site stormwater
improvement which has been oversized to serve property outside the subdivision.
The charge for lots oversized due to individual on site sewage disposal and water
systems will be reduced to the charge that would be imposed on a one-half (1/2)
acre lot. An additional charge will then be imposed if the lot is further subdivided
less a credit for the charge previously paid. The charge shall be paid in cash
before the subdivision is approved by the city unless the city and subdivider agree
that the charge may be assessed against the ~. Property being subdivided
shall be exempt from the water quality and water quantity connection charges
imposed by this section if the charges were paid or assessed in conjunction with a
previous subdivision of the property and if the property is not being zoned to a
classification with a higher charge. The amount of this charge shall be
automatically ad]~ each year on January I to reflect construction cost
changes in the loe~ Minneapolis region ss evidenced by the Engineering
N~s-Record Constnu~on Cost Index.
Sec. 18-78. Required improvements. Subsection(b) (5)
(5) Sidewalks may-shall be required on at least one side of all local streets.
a. Along collector/arterial streets: a minimum 6-foot wide concrete sidewalk
shall be installed along both sides of the street within the right-of-way. The
sidewalk may be deleted if there is an existing or planned trail system for the
15
street.
b. Along nH other streets: a minimum 5-foot wide concrete sidewalk shnll be
inM4dled nlong one side of the street within the right-of-way. Additional
sidewalk may be inMalled ff it is needed to connect with a trail system.
c. On od-de-sac streets: the sidewalk shall end at the circle or bubble
portion of the streeL
Sec. 18-79. Park land dedication requirements.
(f) Land area conveyed or dedicated to the city shall not be used in calculating
density requirements of ~.e ~U' z,,~':g ~.-'ra:-n,.~~ chapter 20 and shall be in
addition to and not in lieu of open space requirements for planned unit
developments.
16
CODE AMENDES
Chapter 19, Water, Sewers and Sewage Disposal
12/27/02
4/15/03
4/23/03
Sec. 19-18. Service shut off and on.
(a) Water shall not be shut off for nonpayment of a water bill until notice of an
opportunity for a hearing has first been given the occupant of the premises involved. The
notice shall state that if payment is not made before a day stated in the notice, but not less
than thirty (30) days after the date on which the notice is given, the water supply to the
premises will be shut off. The notice shall also state that the occupant may, before such
date, demand a hearing on the matter. If the customer requests a hearing before the date.
specified, a hearing shall be held on the matter by the city council at its next regular
meeting, but not to exceed three (3) weeks afLer the date on which the request is made. If
as a result of the hearing, the city council finds that the amount claimed to be owing is
actually due and unpaid and that there is no legal reason why the water supply of the
delinquent customer may not be shut off, the city may shut off the supply.
Co) It is unlawful for any person, firm, or corporation to mm on or off any water control
valve installed on the city water supply system on city property, right-of-way, or
easement. This includes, but is not limited to, all fire hydrants, water main control
valves, water service control valves for industrial and commercial properties and curb
sWps for residential water services. The following are exempted by this prohibition
(1) City employees that are authorized to main~ the city water distribution system, or
who have administrative approval.
(2) Emergency personnel affiliated with the city for use in emergency situations. This
includes the fire department.
(3) Persons having written approval in their immediate possession from the utility
superintendent.
(4) Plumbers may mm on water service control valves and curb
private property after the water meter is in~alled.
located on
Properties with water turned on without authorization shall be charged a one hundred
dollar ($100.00) service and water use fee. ~es with new structures under
construction shall be required to pay the fee before the certifica~ of occupancy is
issued.
Sec. 19-20. Lateral Connection charges.
(a) No permit shall be issued to tap or connect with any watermain of the city either
directly of indirectly from any lot or tract of land unless the city clerk shall have certified:
(1) That the lot or ~act of land, or portion of said lot or tract, to be served by such
connection to tap has been assessed for the cost of consmlction of the watermain
with which the connection is made.; or
(2) If no assessment has been levied for said consmmtion cost, that proceedings for
levying such assessment have been or will be commenced in due course; or
(3) ff no assessment has been levied, and no assessment proceedings will be
completed in due course, that a sum equal to the portion of cost of constructing
said watermain has been paid to the city pursuant to subsection Co).
Co) The applicant shall pay a lateral connection fee that is just and equitable in an mount
established by the city council. The amount of the charge shall be automatically adjusted
each year on January 1 to reflect consmlction cost changes in the local Minneapolis
region as evidenced by the En~neering News-Record Cons~on Cost Index.
(c) Upon written request of the owner of the benefited ~ showing good cause, the
city council may provide that the lateral connection charge be specially assessed against
the benefited pro~ payable in semiannual installments for a term of eight (8) years at
an interest rate set by the city council. Unless deferred payment is so auth~ all
connection charges shall be payable in full prior to the issuance of a building permit.
Sec. 19-21. Trunk conne~ion ~ charges.
(a) In addition to the lateral connection charges set forth herein, a trunk connection
~...~t.... charge, unless charged as a part of a public improvement project, shall be
imposed against each lot or tract of land, or portion thereof, served by thc system for the
usage of wells, pumping stations, water storage facilities, and equipment of the city water
system. Thc amount of this charge shall be automatically adjusted each year on January
1 to reflect construction cost changes to the local Minnea~lis region as evidenced by the
Engineering News-Record Construction Cost Index.
Co) The number of unit trunk connection l:c2,k up charges to be levied against each
benefitted lot or tract of land, portion thereof, shall be established using the following
criteria:
(1) Single-family houses, townhouses, condominiums, mobile homes and
units shall each one for each dwelling unit;
(-4~(2) Other buildings and slxucmres shall be assigned one (1) water trunk
connection k....t..., charge (tmi0 for each sewer availability charge (SAC) as
estimated by the Metropolitan Council Environmental Service.
(c) Thc number of unit trunk connection h~-..~ up charges to be levied against the
premises may themafl~ be revised conditioned upon the Metropolitan Council
Environmental Service r:ff.~:~=g revising_the number of sewer availability charges
(d) Upon written request of the owner of the benefitted premises showing good cause, the
water trunk connection s.....~. 1'~ charge may be specially assessed against the benefitted
property payable in semiannual installments over a four (4) year period at eight (8)
percent interest. Unless deferred payment is so authorized, all trunk connection he~
charges shall be payable in full prior to the issuance of a building permit for new
construction on the
Sec. 19-22. Persons authorized to make connections, etc.; bond.
(a) Work which in an' the water lines or connections thereto shall be
performed
(b) In the event that the permitted work includes any direct contact with the water
system or the alteration of a street, the shall file with the city a
·
w I ~ ~ ~1 ....
·
_--_.-.~,,:,.i,~ +i~,.,+ +i.,,~ _~_--_'~,~;.,,-,1 ,-,~.,,4 A"l11.l~d2hh, ,,i,,-,11 ;,-,,'i,~---~----1~,, ,~.,,,'1 ..... k ,~,-.~l --- ,', ,', +1.,,~ ,.~4-,, ,.,--,.1 +1.,,~
, ~= · 1,,r1=el~ U_l=1-
Bond :~~ ~y ~ w~v~
by ~e b~l~ng o~cifl f~
(1) Persons seeking plumbing permits for work on premises owned aad oc, c~ed as a
residence by permittee.
(2) Master plumber seeking plumbing permits on premises owned and occupied by
permit's employer.
Sec, 19-23. Permit for connections, etc.
(a) Required. Work which is regulated by the Minnesota Plumbing Code, or that affects
the city water lines or city sanitary sewer system shall not be Ix~rf~~ without first
obtaining a written permit from the city in accordance with the Minnesota State
Building Code as adopted by the city.
· · :-I.v I
~ (b) Fees. The fees to be paid the city for plumbing permits shall be determined in
accordance with Chapter 7, Article IL
~ ~,.L,~m~m~&{d..i.~i~ ~ ~ ,,Ll~m~.L&=Ll.{&,~m~i~'~m~. ~ &iL,L{k~' ,Jk.v.mmmmm~I,.I,,& ..I=~m'~..~L&,L~mmm~lJ.L, '{a={~.L dL ~&~m mmm'mm~lmL~d~.{m~.ql=~ff.iJ~ ~ JL~m~l~mm~mm~'~m
.&J.& &A·L,~I,,~.I.M,,'"J VV ,&,&~,~J.~,,' .kv, l;J~l, JWb. L~fLA J. WIJ LLI,,L V'l~ I~WLL L4~Jm,rLJL.~l~Id-9 Lk~.f '--' ..... ~,d.l,,;z~.~- · · IoL. rWkAl.fJ.~ VA. I,LL-__'
Sec. 19-24. Meters.
(a) Except for the extinguishment of ~s, no person except authorized city personnel
shall use water from thc water supply system or permit water to be drawn therefrom,
unless the same shall be metered by meters furnished ~nd :~+"~.!e~,~ by the city which
meters shall remain the property of the city. A meter charge equal to the cost of the
meter and accessories, including administrative costs, shall be paid upon each application
fo[_~_rmit to connect to the water supply system.
Co) The city shall, at its expense, maintain and repair all meters when rendered
unserviceable through ordinary usage, and shall replace meters when necessary. When
replacement, repair or adjustment of any meter is made necess~ by the act or neglect of
the consumer, all cost incurred thereby shall be charged against the consumer, and water
service may be discontinued until such cost has been paid. In the event city personnel
determine that a water meter or remote have been tampered with to intentionally affect
the true meter reading, a fine of fifty dollars ($50.00) shall be included on the next
quarterly billing and the bill shall include an ~ent to include the estimated
usage not recorded due to the meter tampering. Repeated tampering shall be grounds
for shutoff of the water service in the manner provided in section 19-18.
(c) Installation of remote water meter readers shall be required on all stmcUn~ serviced
by the municipal water system
.,&
,.,k.,..,,I.,1.,~,..,, ..,1,,...+,~A ~... +i..,~ ,,~..,.;.,.,..:'--=~-, ...,.g +T,.~ .,~,,A,~. ,1.,,,11 1.,~. ,..,., ...,.; .,.,. .l- ,.,.; .,., ~ A ,,,., +1,,,+ ,,~+. ...... 1
,,11,..,,.,,,,.,-i ...,.,,1.=, ,., ...... ,..i 1.,..,
(d) Property owners shall allow reasonable access for maintenance and repair ot
water meters and/or remote water meter readers. Reasonable access means the
following: 1) providing a clear and uninterrupted path to and around the meter; 2)
containing children and aninmls that nmy threaten or inhibit work away from the
path to and around the meter; 3) providing a time for an appointment for any meter
work to occur within two weeks of notice by the City of the need for work and
providing the presence of a responsible adult during the appointment. Failure to
allow for reasonable access as provided herein shall result in a charge of one
hundred dollars ($100.00) per month to be included on the quarterly billing,
..... '.._~ . .... . .... - - Revised by City Atto~
Sec. 19-25. Service lines
It shall be the responsibility of the eiW property owner to maintain the service line from
W~,~.~.,..,..,..,~..,.~ ,., '1.,,,~- :,.,..,1,,A.;.,.,-,. +1., .... .,.3., 1..,,-,.=. 1.,.,.,+: ....... 1., ..... ,4 +1.,,,.
to the structure being served, including the curb box. In case of failure on the part of
any consumer or owner to repair any leak occurring in the service line from the property
line, or curb box to the structure being served within twenty-four (24) hours af~ oral or
written notice has been given such individual, the water shall be shut off until the line is
repaired. The owner shall be responsible for ensuring that thc curb box is straight and
keyable at ail times so that sections of the city system do not have to shut down for
Sec. 19-26. Water line and connection specifications.
(a) W~ns, valves, hydrants, service connections and interior plumbing shall be
installed as specified by the current edition of the 8MM Minnesota Plumbing CxxJc.
Co) A separate and independent building water line shall be provided for every building.
nd, Lb=~L&Lq~ ~.;J. qh&J.,& VV~tVVLL.TI .&.LA k~be;~,t&& qu;~! b&.A~ Z.;~==~=~) W'-~''--~--'~L===I'k~ J.,L~.~.Z.&.Z ~'--'~' J.L~.tJ.LI,
· Vq,..-lI~-_~-~__-J,.'~,"~d. ~ i=l.&v e,,;-~--=l~l-P/~,s wv :.L I,.~,dylJLq,.,"'= !
0~ eExceptions may be allowed only by ~c'ial l~.,'tmis~ion granted by thc city.
Sec. 19-28. Water use restriction.
Use of the city water supply system for lawn and garden sprinkling, irrigation, car
washing or other nonpotabl¢ uses shall be limited to an odd-even schedule corres~~g
to property ~s effective each year from May 1 to September 30. Whenever the city
council or, on a temporary basis, the public works director and/or the city manager or city
manager's designee, shall determine that a shortage of the water supply threatens the city,
they may, ~',.J ..... ..,,,..........,~.-*:'--- further limit the ~ days and hours during which water
may be used from the city water supply system. Special permit consideration will be
given for those property owners with new seed or sod ff in the opinion of the public
works director sufficient water for such permits is available.
Property owners ins~sllin~ fin automatic or underground irrigation symm fire
required to install a rain sensor device. EMsflng Irrigation systems are required to
retrofit to ingtall fl rain sensor device at such time as improvement or extension of
the system valued at or above $1,000.00 or requiring a plumbing permit are done.
wis ~IT
vx ~ivv ~ ~~ vvm~-- ~--~ vv--- ~ =~ ~ ~'~ ~
v~ vv~w~ ~ v~---
Sec. 19.42. Persons auth~ to make connections, etc.; bond.
(a) Work which in any way affects the city's sewer lines or connections thereto shall be
pcffo~ in accordance with the Minnesota Plumbin~ Code as adopted by the city.
(b) In the event that the permitted work includes any direct contact with the city's sewer
system or the alteration of a city street, the plumber shall file with the city a copy of the
~ sm~y-Master plumber's_bond and certificate of
· · .,.- required by th Mi
qe~a~.~J. IbLg. L.~ ~dgVVVeVV~
+1..,~ ,.;h, ,-,.,,-I +1.,,~ ....,..,~. ,.,.c' +i.,,~ -----~--,;,,.-- .c',.,...-.,k;.,T. +T. .... ,-,--1. ;,, +,. ~ ...,.~c',....,..,~A ,.,,,,.;--,,+ ,.11
mm~',~,,-;nln ~.k---'l:',.'~e. ~,- T.~.~.,-~ ,,T,,.,11 .,.,~.,,.,,',:.,-, ;.,', 'l:',',~,~ 'g,'~. ,', .,.~,-;,-,,-1 ,'~'~,-~--,~ /1% ......... + +1.,,-,+
.... ,. ..... ..:.._..~. .... "--':'-*" --~-'"'- Bond ~
,~ for:.
(1) Persons seeking plumbing permits for work on l~zmises owned and occupied as a
residence by permittee.
(2) Master plumber seeking plumbing permits on premises owned and occupied by
permittee's employer.
Sec. 19-43. Permits for connections, etc.
(a) Required. Work which is regulated by the Minnesota Plumbing Oxle, or that affects
the city water lines or city sanitary sewer system shall not be performed without first
obtaining a written permit from the city in accordance with the ~finnesota State
Building Code as adopted by the city.
10
11
...... ;+ ;~,,,..~,~ ...,~1~,. ,T..~ ,,,...,, ,~ fl: ..,~ ,, ,-.~' ~-k;,., ,-,,~,4,~ ,...1.. ..... +l.,,~ .-..,....,~:+ ;..,: ..... ,.I :,. ~ .~-
.... ~ V~V~ ~ · I~1 lW VI
vax ~&&v ~.;S,S~JJLL~ v& &&&VV.L.Lqb~S'k &&LLq.~.L.&.LAL&~,XVLX L.~,,6~L.,~J-L~',~ V.L LLA · .&vJ_ vax
12
~-) (b) Fees. The fees to be paid the city for plumbing permits shall be determined in
accordance with Chapter 7, Article IL
13
Sec. 19-44. Prohibited discharges into sanitary sewer systen~
(a) No person shall discharge or cause to be discharged any substance not requiting
treatment or any substance not acceptable for discharge, as determined by the city or the
Minnesota Pollution Control Agency, into the sanitary sewer system. Only sanitary
sewage from approved plumbing fixtures may be discharged into the sanita~ sewer
system.
b) No person shall discharge or cause to be discharged, directly or indirectly, any storm
water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to
any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming
pool discharge, cistern overflow pipe or su~ ~ c~ ~a/or dischar~ng into
the sanitary sewer shall disconnect and remove any piping or system conveying such
water, to_ _th...e' s .an~i ~_tg~y,, sewer system ~"' "~" ' ,~o~
(c) All construction involving the installation of clear water sump pits shall include a
sump pump with minimum size one and one-half (1 72) diameter discharge pipe. The
pipe attachment must be a rigid permanent type plumbing such as PVC or ABS plastic
pipe with glued fittings, copper or galvanized pipe. All discharge piping shall be installed
in accordance with the plumbing code. Discharge piping shall start at the sump pit and
extend through the exterior of the building and terminate with not less than six (6) inches
of exposed pipe ."~.: a:..k.-.- .~.,~ ,1.,,.~11 1.~,~ ~.,-~,.~,~,~,-1 .l:*,.~..* ,.dl ,.,1 ...... ----------+ ......
discharge location and flow shall be consistent with the approved development drainage
plan for the lot. The discharge may not be pumped directly onto any public fight-of-way
unless approved by the city engineer or his designee. Any disconnects or openings in the
sanitary sewer shall be closed and in with codes.
Sec. 19-45. Lateral Connection charges.
(a) No permit shall be issued to connect with the sanitary sewer system of the city
directly or indirectly from any lot or tract of land unless the city clerk shall have certified:
(1) That the lot or tract of land, or portion of the lot or tract, to be served by such
connection has been assessed for the cost of construction of the sanitary sewer lateral
14
with which the connection is made; or
(2) If no assessment has been levied for said construction cost, that proceedings for
levying such assessment have been or will be commenced in due course; or
(3) If no assessment has been levied, and no assessment proceedings will be
completed in
duc course, that a sum equal to the portion of cost of cons~g said sanitary sewer
which would be assessable against said lot or tract has been paid to the city as
outlined
in subsection (b) below.
(b) The applicant shall pay a connection [f~ is just and equitable in an mount
established by the city council. The amount of the charge shall be automatically adjusted
each year on January I to reflect conslmction cost changes for the local Minneapolis
region as !viden~the Engineering News-Record Construction Cost Index.
(c) Upon written request of the owner of the benefitted Inemises showing good cause, the
city council may provide that the connection charge be specially assessed against the
benefitted property, payable in semiannual installmeats for a term of eight (8) years at an
interest rate set by the city council. Unless defen~l payment is so authorized, all
connection charges shall be payable in fixll prior to the issuance of a building permit.
Sec, 19-46. Trunk connection Hook-up charges.
(a) In addition to the lateral connection charges set forth herein, a trunk connection
u..~..., charge, unless charged as a part of public i .mprovement project, shall be imposed
against each lot or tract of land, or portion thereof served by the sewer system for usage
of the sewer treatment facilities, lift stations, forcemaina, and tmak sewers. The amount
of this charge shall be automatically adjusted each year on January I to reflect
consm~tion cost changes to the local Minneapolis region as evidenced by the
Engineering News-Record Construction Cost Index.
(b) Thc number of unit trunk conne~ion ~"..c.k up char~ to be levied against each
benefitted lot or tract of land, or portion thereof, shall be established by using thc
following criteria:
(1) Single-family houses, townhouses, con~~~, mobile homes and duplex
units shall each one (1) unit for each dwemng mdt;
15
(4)(2) Other buildings and structures shall be assigned one (1) water trunk
connection hc~c,k up charge (unit) for each sewer availability charge (SAC) as
estimated by thc Metropolitan Council Envircmmental Service.
(c) The number of sewer trunk connection hcck up charges imposed against the
premises may be revised conditioned upon the Metropolitan Council Environmental
Service revi~iI~J,~lld~m~J..LI.b-~llld'~l:' ~,~ly the number of sewer availability charges ~gly.
(d) Upon written request of the owner of the benefitted premises showing good cause, the
sewer trunk connection ~.....v_... charge may be specially asses~ against the benefitted
property payable in semiannual installments over a four (4) year period at eight (8)
percent interest. Unless deferred payment is so authorized, all trunk connection
~p charges shall be payable in full prior to the issuance of a building permit for new
consmmfion on the property.
Sec. 19-47. Service availability charges.
In addition w, and not in lieu of, all other charges imposed from time to time by the city
for building permits, sewer connection l~mits, sewer usage rates, and sewer trunk
connection ?~k up charges, the then prevailing Metropolitan Waste Control
Commission service availability charge (SAC) shall be paid to the city at the time a
building permit for new eons~on is issued, or at the time a sewer eouneefion permit is
issued for the connection of an existing building to the city sanitary sewer system_ The
amount of the service availability charge shall be established by the Metropolitan Waste
Control Commission.
·,o
·
16
Sec. 19-49. Sewer specifications.
(a) Sanita~ sewer maim, manholes and service installation sh~ 1~ as specked by
the mcat r~.~.t _-alrrent edition of the 8~tM-Minnesot~ Plumbing Code and/or City of
Chanhassen standard specifications and &tail plates.
(b) A separate and independent building sewer shall be provided for every building
_,~-,. ~ .L~.;S, ~ .'&& .LI.~,.~
~ ~low~ o~, b,
*1
New Sec. 19-52. Service Lines
It shall be the respomlblllty of the property owner to maintah the service line from
the property line to the struchn~ bein~ served. In case of failure on the part of any
owner to repair any leak occurrin~ in the service line within twenty-four (24) hours
after oral or written notice has been l/iven, the City may repair the leak and bill the
owner for the work and time incurred on the
17
Article IV. Individual Sanitary Sewage Treatment Systems
Sec. 19-66. General.
(a) Intent. The improper design, location, installation, use, and maintenance of individual
sewage treatment systems adversely affects the public health, safety, and general welfare
by the discharge of inadequately treated sewage. The city does herein provide the
minimum requirements for the design, location, installation, use, and maintenance of
individual sewage treatment systems. The city, in adopting this article, does not guarantee
or warrant that compliance with the requirements herein will result in individual sewage
treattment systems that are fail safe, but considers that compliance with the requirements
herein will result in individual sewage treatment systems with a reasonable assurance of
satisfactory performance when ~ly maintain~
Co) Applicability. This ~rticle sh~ll ~ply to the design, location, install~on, use, .nd
maintenance of individual sewage treatment systems constructed, altered, extended, or
repaired in the city.
(c) Defin~m. The following words .nd plmlses, when used in this reticle, unless the
context clemrly indicates oth~vise, stroll lmve the meamings described to them in this
section and See~ 1-2, in ~ldition to those definitions contained in Section 7080.0020 of
the Minnesota Rules Ct',~. %%°0. *
-_~..
Department, Ins~)ectlom :Division-
18
19
Sec. 19-67. Standards for health, safety, and environmental preseawafion.
(a) Standards Adopted. Minnesota Rules Chapter 7080, Parts 7080.0020, 7080.0060,
7080.0065, 7080.0110, 7080.0115, 7080.0120, 7080.125, 7080.0130, 7080.0150,
7080.0160, 7080.0170, 7080.0172, 7080.0175, 7080.0176, 7080.0178, 7080.0179,
70~°0.02C~2, 7080.0305, 7080.0310, 7080.0315, 7080.0600 and 74}80~9t~ 7080.0700
relating to individual sewage treatment s~tcms are reference and
made a of this article as
(b) The above adopted roles are hereby amended as follows:
(1) Minnesota Rules 7080.0130,]ll~l~l'~V~l~.'Oll'~ll~l~l~ll~ ~l~l[~Vll~Ol"~l~ 3A is amended to read as follows:
All new systems shall require a multiple compartment septic tank or multiple tanks in
Table H
Number of Bedrooms
2 or less
3or4
5 or6
7, 8, or9
Tank Liquid Capacity-Cra]Ions
2,2~0
3,000
To increase tank liquid capacity, two (2) or more separate tanks in series are
permitted.
For ten (10) or more ~ms, the septic tanks shall be sized aa an "other
establishment" as defined in 7080.0020, ~"~-""-' subp.-25. Multiple septic tanks are
required consistent with the above Table TI. The department may require a water
monitoring device be installed.
(2) Holding tanks shall not be used as an individual sewage t~Iment system for
new residential construction or for improvements greater than 50% of the
assessed value of the strucau~ at the time of application for the improvement.
(3) Septic tanks shall be allowed as tmnpomry holding tanks for new residential
construction when the inntallaflon of the treatment system is not possible
because of weather conditions or for an existing building if an imminent threat
to public health (ITPH) exists. A pumping agreement, signed by the property
owner and the licensed pumper, must be flied with the depot.
(4) Permanent holding tanks shall only be allowed for pre-existing dwelling
where a standard, alternative, other or performance system cannot be installed.
(~) Undeveloped lots of record on which a holding tank is the only practical
means of sewage disposal are deemed unsuitable for residential use.
(6) Holding tanks shall not be installed on undeveloped lots of record for
recreational use.
(7) Performance systems shall only be allowed to correct an ITPH or a failing
system on sites with limited capacity to upgrade with standard technology, or to
allow development on an existing lot of record that has limited ~lgi~ for the
use of standard technology.
21
(-3-) (8) Individual sewage treaUnent systems shall be deigned and located as to
comply with the following minimum setback distances:
Feature
Water supply well less
than fifty (50) feet and
not encountering at least
ten (10) feet of
impervious material
Any other water supply
well or buried water
suction pipe
Buried pipe distributing
water under pressure
Buildings
Property lines
The ordinary high water
mark of: Natural
environment lakes and
streams
Recreational
development lakes and
streams
General development
lakes, rivers and
protected waters
Swimming pools
Slopes of twenty (20)
percent or more
Interceptor drains
*twenty (20) feet in
shoreland areas
Septic Tank
50
5O
10
10
10
150
75
5O
10
20
Soil Treatment Area
100
5O
10
20
10
150
75
5O
10
20
10'
Q9 (9) Alternative,.~--"a ~--~-~---~-----~-"~'"-"~ Other or Perfommnce systems as defined in
Minnesota Rules Chapter 7080.0910 0172, 7080.0178 and 7080.0179 may be used
only for the repair or replacement of existing nonconforming systems, on existing lots
of record, or as a new system ff approved by the city building official with the
following conditions:
a. When a stan~ system, as defined in ~ginnesota Rule~ Chapter 7080.0065
to 7080.0170 and 7080.0600 and as designated by the commissioner under part
7080.0400, subpart 4, cannot be installed; and
s.b. Reasonable assurance of performance of such system is presented to the
,.~._.~,, ..... ,t.~.~. department. The pe:-'.l.::~"~.e ..... '~'"'~"J department may require
financial assurance including but not limited to escrow funds, letters of credit, or liens
on property in amounts sufficient to assure correction of a failing eAltemative, e~
.... .~...~..~.1 Other or Performance system; and
b.c. The design of such system is first approved by thc department; and
e.d. Treatment and disposal of waste is in such a manner so as to plx)tect the public
health and general welfare; and
e. Monitoring may be required through the installation of department
approved monitoring devices at the time of initial constru~o~ or upon any
alteration, repair, or extension of the system. The property owner shall be
responsible for the cost of in~dling monitoring equipment and subsequent
laboratory analysis. The property owner shall permit reasonable access by the
department for the purpose of monitoring the system; and
d. f. Such systems comply with all applicable requirements of these standards and
with all local codes and ordinance.
23
~) (10) It shall be the responsib~ of any person utilizing an eAltema~v¢,
.... -~---~--+-' Other or Performance sewage ~t system to report to the
department all discharges from a malfunctioning akltemative, Other or
Performance sewage treatment system as soon as possible but no later than eighteen
(18) hours upon knowledge of such discharge, and further abate such discharge as
soon as possible but no later than forty-eight (48) hours.
(11) The use of Warrantied Individual Sewage Treatment Systems is prohibited.
(8) (12) Where conditions prevent the construction, replacement, alteration and/or
repair of an individual sewage treatment system on an existing developed parcel of
real property, the department may reduce properVj line and building setbacks and
system sizing requirements provided said reduction does not endanger or
unreasonably infringe on adjacent properties and with the concurrence of the affected
(g) (13) Not more than one (1) dwelling, commercial, business, institutional, or
industrial unit shall be connected to an existing individual sewage system unless such
multiple connection has been approved by permit.
0-3) (14) Where the construction of additional bedrooms, the installation of
mechanical equipment or other factr~ likely to affect the operation of an individual
sewage treatment systems can be reasonably anticipated, the installationn of a system
sized for such anticipated need is required in the design and construction of said
system.
04) (15) Individual sewage system sites must be identified before construction
activities begin and staked or fenced to prevent conslxucfion traffic f~m altering the
soil conditions. If such traffic results in alteration of the soils, a revised permit
application proposing an alternative site must be submitted to the cL-~u~n~t along
with the required soil data and fees.
(16) No additions, enlargements, improv~ments, or remod~ involving fifty
(50) percent or more of the structure, or alterations that would effect the water
use, such as bedrooms, or additions to living space (excluding such areas as
screen porches entry ways, decks, attics, patios, and non-habitable space) shall
be allowed until the sewage treatment system has been determined to be both
adequate and conforming or a permit for a new treatment system has first been
(-1-5) (17) State license requirei A state license applicable to the type of work being
performed is requLred for any person, business, firm, or corporation that conducts site
evaluation, design, installation, maintenance, repair, pumping or inspection on all or
part of a sewage treatment system in the city. A license is not required for an
individual who is a qualified employee performing work as directeA by the state or
local government employer, an individual who performs labor or services under a
licensee; or a property owner who personally gathers information, evaluates, or
investigates the sewage treatment system on or serving the p~ to provide a
disclosure as defined under Minnesota Rules Chapter 7080.0020, subp.a:t 12b.
See.. 19-68. Permits.
(a) Permit required. No person, firm, or cozpomtion shall install, construct, alter,
extend, or repair an individual sewage tmalxnent system in the city without first obtaining
a permit therefore from the department,,."- .,,,~,~ "~-"':'~~,,,.~,.,.~o ..... -.,--~--,---~+~'"~" for each specific
installation, construction, alteration, extension, or repair. Such pernuts shall be valid for a
period of twelve (12) months from the dote. of issuance.
(b)
Permit application requirements. No consm~on shall be allowed until the permit
required for thc individual septic system has been issued. '~
....... .4.,.1.. ,,,++.l,,,., --.,fi,,,. .....A _...~i.,.I..l+..I.1 ..... 1 ~,k..11 1~. ,.11 ....
Application for permits shall be made in writing on forms furnished by the
licensed installer or theh' autho~
(1)
Each application shall contain:
a. Legal description of the property;
b. Location description of the property;
c. Name, address, and phone number of the pmtunty owner(s);
d. Name, address and phone number of the licensee;
e. Maximum number of bedrooms
f. Estimated water usage if the building is not a dwelling unit;
g. List of water using appliances;
h. Estimated depth of well, if known.
25
(2)
Each application shall be accompanied by:
a. Two copies of a plot plan of the land drawn to scale showing: 1. Boundary lines and setbacks;
2. Proposed and/or existing buildings and recreational stru~ including but
not limited to as-we~ tennis courts, n,,a~ swimming pools and hot adh;
3. Location of wells and water pipes;
4. Location of septic tanks and pump tanks;
5. Location of drainfield;
6. Location of building sewer;
7. Location of distribution box(es) or drop boxes;
8. Location of any animal confinement areas within fifty (50) feet of septic tank
or drainfield;
9. Location of any water bodies located within two hundred (200) feet of septic
tank or drainfield;
10. Roads and driveway and parking areas;
11. Land elevations;
12. Bodies of water as well as wetlands.
b.
Two (2) copies of a complete individual sewage system plan in detail to scale
showing location, size and design of all parts of the system to be installed, altered,
repaired or extended, and the location of percolation and soft borings performed
for site evaluation.
c. Two (2) copies of the results of the site evaluation report prepared by a licensed
designer I or designer H.
d. Any additional information that may be required by the department to assure
compliance with this article.
e. The site evaluation report shall be a description of the site's characteristics,
including a soft evaluation based on borings and percol~on tests, location of
borings and percolation tests and elevation in relationship to a ~ently fixed
point.
f. There shall be a minimum of two (2) percolation tests and two (2) soil borings
performed on each proposed site.
g. Applicants for sewage treatment system permits, site or subdivision approvals
must submit soil test and percolation test data that verify suitable conditions for
two complete soil treatment systems.
(c) Licensed desigtwr responsibilities. All ~dual sewage treatment system
designs shall be in compliance with this article. Designs submitted to the city shall be
of sufficient detail and to scale so as to allow adequate review for compliance by the
(d) (e) Permit fees. All permit and permit renewal applications must be accompanied by
the appropriate fee. The amount of each permit, permit renewal fee, late fees or such
other fees as may be neeaea for the administration of this article, plus the method and
time of payment thereof shall be determined by resolution of the city council.
(e) (d-)-Relation to other permits. No building permit will be issued until the individual
sewage system permit when required is approved and issued. No occupancy permit will
be issued until the system has had final inspection approval.
(0 (e) Permit den/ed. If an application for a permit or permit renewal is denied, notice of
denial shall be served on the applicant by mail. The notice shall state the reasons for
denial and inform the applicant of his right to request a heaxing as provided in sec. 19-
74(c) of this article.
(g) (-0 Permit revoked Permits issued under this article may be revoked upon written
notice by the department when such penxfit has been issued based upon erroneous or
inaccurate data supplied by the applicant or designer or erroneous interpretalion of the
law by the department or a building official.
Sec. 19-69. Inapections.
Inspections relating to the repair, replacement or construction of a new individual sewage
~t system shall be performed by the department or its authorized agent. These
inspections shall include, but are not limited by the following:
(1) Site inspections to verify and evaluate soil and site conditions and to determine the
suitability of soils and system design.
(2) Nec~sary investigations to determine compliance of existing systems.
(3) For all new individual sewage treatment system cons~on and the repair or
replacement of existing systems.
a. Mound and at-grade systems shall require a minimum of ~ four (4)
const~'uction inspections:
1. When tanks are installed including all pumps and piping.
-1- 2. When the soil under the mound has been roughed or scarified, but prior to
placement of the sand fill. Enough of the. proposed sand fill must be present to be
examined.
~ 3. After placement of rock and distribution piping but prior to cover.
~ 4. When the system is completed. Following completion, the installer shall
submit to the city an as-built sketch the system which indicates the location
and dimensions to all system components.
b. Trench and seepage bed systems shall require a minlmmn of three (3)
construction inspections:
1. When tanks are installed including all pumps and piping.
2. After placement of the distribution medium but prior to cover.
.~_i~"nen the system is completed. Following completion, the tmtaHer shall
submit to the city an as-built sketch the system which indica~ the location
and dimensions to aH system components.
b.c. Installation inspec~ons shall be made prior to covering any work ~
e.d. The licensed installer shall be responsible to nolL~-y the depot before 4:00
p.m. on the day before an inspection or rein.~pection is requested.
d.e. Work which is backfdled prior to required inspection may be ordered to be
uncover~ whenever necess~ to de. Lermin¢ compliance.
e.f. If upon inspection, any part of the system is determined not to be in compliance
with this article, written notice shall be provided by the d~~t or its authorized
agent indicating the deficiency and the required correction. Noted deficiencies shall
be properly corrected and reinspect~ before a certificate of compliance is issued.
f.g. No system shall be placed or replac~ in se~rice until final inspection has been
completed and the system installation has been approved.
g.h. The owner or occupant of a property shall be responsible to provide access at a
reasonable time to the department or its agent for the p~ of performing
inspections requir~ under this article.
t~. i. Additional inspections or evaluations may be specified for the repair; or
replacement of an existing system or construction a new system at the time the
permit is issuecL These requirements shall be provided by the depot to the
permittee at the time the permit is issuecL
b.J. It shall be the responsibility of the licensed installer to ensure that the entire
system is installed in strict ~ce with the design as approved. If the system
cannot be constructed as designed, it shall be the responsibility of the licensed
installer to inform the de~t and to submit new or amended cl~igns,
approved by the Hcensed system designer, to the depot before completing
construction. The permittee and the licensee shall be responsible for the correction
or elimination of all defects, and no system shall be placed or re-placed in service
until all defects have been c~ or e 'hminat~ and a ~cate of compliance
has been issued. No part of the system shall be covered until it has been in~pect~
and/or approved by the depamnent.
~. k. Violations of this ordinance that n~tate follow-up inspection(s) will be subject
to a reinspection fee. This inspection charge shall be established ~"' '~+' ...... '~
(3 4) Compliance inspection. If an inspection is conducted as part of a compliance
inspection and/or the disclosure required by Minnesota Statutes 115.55, subd. 6, such
party must be licensed in accordance with MPCA roles and regulations and the notice of
compliance or noncompliance provided to the property owner must also be provided to
the department within thirty (30) days of the inspection.
(4 5) Fees. Fees for permits, inspections, or other services rendered under this article
shall be established by city council resolution.
28
Sec. 19-70. ~ transaction standards for individual sewage trcatm~t systems.
(a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon
which a structure which is required to have an individual sewage treatment system is
located, shall sell or transfer to another party said tract of land, unless the following
requirements are met:
(1) The seller of any proper~ having a individual sewage treatment system must have
a state licensed inspector or designer I complete the MPCA sewage system
compliance inspection form for existing sewage systems in accordance with this
article and the MPCA's "Inspection Manual for Existing Systems."
(2) The seller must provide a copy of the completed sewage system disclosure form
and the compliance inspection form to any person who signs a purchase agreement.
The disclosure form and compliance inspection form must be provided to the buyer
prior to the signing of the purchase agreement. The compliance inspection form
shall include all requirements for bringing the system into compliance with this
article.
(4) (3) The seller or buyer of property that has a failing system that is an imminent
threat to public health (ITPH) or safety must have the system repaired or replaced
within ten (10) months of the inspection date. If the system is not brought into
compliance prior to the proper~ transfer, funds sufficient to repair or replace the
falling system shall be placed in escrow.
(-5-) (4) The seller or buyer of property that ires a failing system that is not an
iwminent threat to public health or safety must have the sewage system upgraded to
a complying system within three years of the date of the compliance inspection. If
the system is not brought into compliance prior to the property ummfer, funds
sufficient to repair or replace the failing system shall be placed in escrow.
(4) (S) The sewage system compliance inspection form shall be filed with the county
auditor along with the certificate of read estate value. A copy of the inspection form
must also be filed with the depamuent within thirty (30) days of the date of the
inspection.
Co) Exert transact/~n~. The compliance ~'~'"' ~;*~ '~""+~ inspection n~ not
~ ~mple~ if ~e s~e ~ ~f~ ~volv~ ~e foHo~g ~~:
(1) T~t of l~d is ~out b~~ ~ c~~ no dwellin~ ~ o~ b~~ ~
plmbing ~~.
(2) No ~fic~ of ~ ~ v~ n~ ~ ~ ~ ~e ~~ ~~, ~ ~
~nn~m Smm~, S~ 272.115.
(3) ~e s~e ~ ~sf~ is ~ ~e ~s s~ ~ ex-~~ ~y. ~e s~e ~ ~f~
~y ~ by ~ ~u~ a jolt ~cy, of a ~~~ ~ ~ by ~t
~~ent.
(4) ~e ~sf~ is a f~lo~ ~ ~ f~~.
29
(5) The sale or transfer completes a contract for deed entered into prior to the effective
date of this article. This subsection appli~ only to the ori~nal vendor and vendee
on such a contract.
(6) Any dwellings or other buildings with running water are connected to a municipal
wastewsler or treatment systen~
(c) Transactio~ occurring between December 1 and April 1.
(1) If the tramaction occm between December 1 and the following April 1, and the
compliance "~:""t,-~- ~--,- v."~ '1`~...~ inspection ..~.~.~-- cannot be completed, as certified by a
licensed inspector, the compliance '~'~ ~"v-~ ~-~-- -~-~ tt~ ~on ~-"..~.~. shall be
completed and filed with the delmrtment and county auditor by June 15 following
the closing date.
(2) The responsibility for filing the completed compliance portion of the ~on
form in this type of transaction shall be that of the buyer.
Sec. 19-71. (a) Failing and non-complying systema.
(a) Any individual sewage system determined to be failing or non-complying by the
department or by a compliance ins~on required by Minnesota ~ Rule~ Chapter
7080 or this article and in violation of this article, shall be abated and the failure and the
failing system shall be satisfactorily repaired or replaced. A system determined to be
failing or non-complying and an imminent public health threat jmust be lJrought into
compliance within ten (10) months. A system determined to be failing or non-complying
but not a public health threat must be brought into compliance within three (3) years.
Co) The department may allow a failing system to be restored to its original design rather
than being fully recons~ in accordance with the standards set fo~ in section 19-67
of this article if the department determines that such restoration will abate the system's
failure and reasonably assure satisfactory performance of the s as defined by
Minnesota ~ Rules Chapter 7080 and this article.
*MCC and building official recommendation.
Sec. 19-72. Maintenance.
(a) Pumping of septic tanks. The owner of any individual sewage treatment system shall
properly pump and clean the septic tank or tanks at least once every three (3) years or
sooner if necessary in order to prevent the sludge from reaching any point closer than 12
30
(twelve) inches from the bottom of the outlet baffle or the scum from reaching a point
closer than three (3) inches above the bottom of the outlet baffle.
Co) Sewage tank access. The owner or owner's agent shall install main~ance holes in
sewage tanks in accordance with Minnesota~._~..~,,°*``*"*"" r~.~..._.~.~.v_. Rules Part 7080.0130,
~,-~v,--~ subp. 2.M, to allow for maintenance to take place through the maintenance hole.
(c) Li, ensed pum~' rssponsibility. Pumpers shall have equipment capable of
agitating septage sludge and thoroughly removing sludge and scum from the septic
tanks or holding tanks. Septage sludge shall be removed through the septic tank
manhole and not through inspection pipes. All septage removed from septic tanks
or holding tanks shall be removed from the site in sealed containers and disposed of
in accordance with Sec. 19-72(c). The pumper shall make reports monthly to the
city reporting on the total number of systems pumped, address of site, approximate
volume pumped and location of septage disposal
(e-) (d) Disposal ofseptage. All septage removed l¥om septic tanks or holding tanks
shall be removed from the site in scaled containers and shall be disposed of in
with state, federal or local requirements. If the septage is to be disposed of into a
municipally controlled sewage facility or into a mem)politan waste control commission
facility it shall be disposed of in a location and manner approved by said governmental
authority.
*MCC, city attorney and building official recommendations.
Sec. 19-73. Abandonment of onsitc sewage systems and conn~on~ to community
sewer services.
(a) Abandonment. When individual sewage systems are abandoned, all septic tanks,
cesspools, and leaching pits shall be pumped to remove all liquid, sludge and scum. The
covers to all septic tanks, cesspools and leaching pits shall be either collapsed or removed
and tanks or cavities shall be filled with clean earth. The earth shall be adequately
mounded to allow for settling.
Co) Connection. When sanitary sewer services are available all failing systems shall
make connection immediately.
31
Sec. 19-74. Administration and enforcement.
(a) Duties of the department. The department shall be responsible for the administration
and enforcement of this article. The deparlxnent's duties shall include but not be limited
to the following:
(1)
Inspect new, repaired, or replaced individual sewage treatment systems and
septagc disposal sites located in the '--'~ ....
in this article, issue certificates of compliance for new, repaired, or
systems, and investigate complaints of violations of this article.
(2) Recommend that legal proce~lings be initiated by the city attorney to compel
compliance with the provisions of this article.
(3) Advise, consult, cooperate with the public and other governmental agencies in the
furtherance of this article.
(4) Issue orders:
a. To suspend or revoke permits issued under this article.
b. To stop actions which constitute a violation of this article.
c. To correct systems cletermine, zt by the department to be in a state of failure or
determined to be otherwise in violation of this article.
d. To cease and prevent from use any system which is operating in a manner
creating hazard to public health, safety or welfare.
(5) Failure of the city to inspect the system shall not relieve or lessen the
responsibility or liability of any person owning, operating, controlling or
installing any individual sewage lxeatment system.
(b) Administrative hearing. Any person wishing to appeal a depaxtmental decision may
request an administrative hearing. Thc request shall be in writing stating thc grounds for
appeal and served personally or by registered or certified mail on the dt~:~aent by four
p.m. the fifth city working day following service of the departmental decision in question.
32
After receipt of an appeal request, the deparunent shall set a time and place for the
hearing. The department shall reply as soon as possible, not to exceed five (5) city
working days of the receipt of the request for hearing and identify a hearing time within
twenty (20) calendar days of the receipt of the request for hearing. If the department fails
to grant an administrative hearing or if after the hearing the person wishes to appeal the
decision reached as a result of the administrative hearing they may request a formal
hearing as identified in subsection 19-74(c).
(c) Hearings. Whenever a formal hearing is requested in regard to an application,
renewal, suspension or revocation of a licensee or permit or as provided in subsection 19-
74Co), the procedure shall be governed by thc following:
(1) Hearing officer. The city council shall have the power to conduct public hearings
pursuant to this section. By resolution, thc city council may appoint an individual
learned in the law to be known as the hearing officer to assist the council in the
administration of the hearing or to conduct the hearing on behalf of the council. If
the individual conducts the hearing on behalf of the council, he shall submit to the
city council in writing findings of fact, conclusions, and recommendafioxls, and
the city council may adopt, modify or reject the report of the hearing officer.
(2) Hearing date. Upon receipt of request for a hearing, the city council shall set a
hearing date which shall be set at a time convenient for the council, but in no case
earlier than ten (10) days no later than thirty (30) days exclusive of the day of
service, after the date of the receipt of request.
(3) Notice of decisions. The city council shall notify the applicant or licensee in
writing as to its decision within ninety (90) days after the close of the hearing.
(4) If the applicant or licensee fails to appear at the hearing, he shall forfeit any right
to a public hearing before the hearing officer.
Sec. 19-75. Violations and penalties.
It is the responsibility of the owner of a failing individual sewage treatment system to
notify the city and submit a plan for the abatement of the discharge to the department If
the city becomes aware of a failing individual sewage treatment system, the city shall
require the following:
(1) The owner of a failing system shall respond to the department within five (5)
working days of notification by the depaxtment by submitting a plan for abating
the discharge.
(2) The owner of a failing individual sewage txe, atment system shall repair or replace
the failing system consistent with this article and Minnesota 8rotates l
Chapter 7080. ~
(3) The city may require that the owner pump the septic tank as an interim abatement
measure if the deparm~nt deAermines that the failing system is a threat to the
health, safety, and welfare of the community.
Sec. 19-76. Variances.
33
In any case where, upon written application by an applicant or the licensee it appears that
by reason of exceptional circumstances the strict enforcement of any provision of this
article would cause undue hardship, or that strict conformity with the article would be
~onable, impractical, or not feasible under the circumstances, and in order to
promote the effective and reasonable application and enforcement of the provisions of
this article, the city council may grant a variance from the provisions of this article upon
such conditions as it may prescribe for individual sewage system management consistent
with the general purpose and intent of this article, provided that:
(1) The condition causing the hardship is unique to that property; and
(2) The granting of the variance will not be contrary to the public interest or be
damaging to rights or property of others;
(3) Pursuant to Minnesota Rule 7080.0305, variances to decres~ the three (3)
feet of vertical separation required beneath the distribution medium and the
sam_rated soil or bedrock must be approved by the commissioner of the Minnesota
Pollution Control Agency in accordance with Minnesota Rule 7080.0030, subp.3.
(4) Pursuant to Minnesota Rules 4715 and 4725, variances to d~crease the
required s~aeks from buried water l~pes and water supply wells must In~
approved by th~ Minnesota Departnu~ of Healtta
Sec. 19-126. Definitions.
State disposal system (SDS) permit means any permit including any terms, conditions
and require~ts thereof issued by the MPCA pursuant to Minnesota Statutes section
115.07 for a disposal system as defined by Minnesota Statutes section 115.01,
subdivision 8 5.
*MCC recommendation.
Sec. 19-130. (a) Regulations for use of public sewer
(a) No person shall discharge or cause to be discharged any stormw~, surface water,
groundwater, roof runoff, subsurface drainage, cooling water to any community sewer
system. Stormwater and all other unpolluted drainage shall be discharged to such sewers
as are specifically designed as storm sewers, or to a natural outlet approved by the city.
Except as hereinafla' provided, no person shall discharge or cause to be discharged any
of the following described waters or wastes to any "201" Sewer:
34
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150)
degrees.
(2) Any water or waste which may contain more than one hundred (100) parts per
million by weight, of fat, oil, or grease.
(3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
solid or gas.
(4) Any garbage that has not been pmtmrly shredded.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, manure, or any other solid or viscous substance capable of causing
obstruction to the flow in sewers or other interferences with the ~ operation of the
community disposal system.
(6) Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any
other corrosive property capable of causing damage or hazard to smicmre, equipment and
personnel of thc community disposal system.
(7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage treatment process, constitute a hazard to humans or
animals or create any hazard in the receiving waters of the community disposal system. A
toxic pollutant shall include but not be limited to any pollntsnt identified pursuant to
Section 307(a) of the Federal Water Pollution Control Act.
(8) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(9) Water or wastes containing substances which are not amenable to treatment or
reduction by the sewage treatment processes employed, including wastes which may
affect and prohibit the pe~ty of 8oils such as dairy products or blood.
(10) Wastes which, due to characteristics, or strength, result in the violation of the city's
NPDES or SDS tm'mit.
*MCC and city attorney recommendation.
35
CITYOF
7700 ~rket Boulevard
PO Box 147
Chanhassen. MN 55317
Administration
Phon~ 952,227.1100
Fa~ 952.227.1110
Building Inspections
Phon~. 952.227.1180
Fax: 952~27.1190
Engineering
Phon~ 952227.11~
Fax:. 952.227.1170
Finance
Phone: 952.227.1140
Fax:. 952.227.1110
Perk & Recreetlon
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Centre'
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952~27.1130
F~ 952.227.1110
Public Works
1591 F~ Road
Phone: 952.227.1300
Fax:. 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www. ci.chanhassm.mn.us
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
SUBJ:
Teresa J. Burgess, Public Works Director/City Engin~
May 7, 2003 ~
Highway 101 Traffic Issues
Task Force Charge Statement
REQUESTED ACTION
Comment on and approve the attached Task Force Charge Statement
DISCUSSION
On April 28th, 2003 the City Council heard from property owners and the
Mn/DOT on the traffic issues on TH 101. Council directed that a task force be set
up to address these issues.
Staff has prepared the attached draft charge statement.
Staff recommen the following course of action:
· Council Review and Approve the Task Fox~ Charge Statement.
Staff solicit volunteers for the Task Force with representatives of:
· 8-10 Households
· Rosemont and other concerned businesses
· City Engineering and Public Safety Departments
· Carver County Sheriff's Office
· Task force meet to identify and quantify neighborhood concerns and
consider possible ways to address those concerns
· Task force report back to City Council with recommended course of
action
· Task force implement recommendations
FUNDING
No funding is identified at this time.
¢:
Beth Hoiseth, Crime Prevention Specialist
Sgt. Jim Olson, Carver County Sheriffs Office
G:~qG\Traffic Counts~-Iwy 101 Task ~rqx~t 5-12-03.doe
The City of Chanhasnen · A growing community wilfl clean lakes, quality schools, a charming downtown, thrivi~ businesses, winding trails, and beautiful parks. A gmat place to live, work, and play.
CITYOF
CHANHA EN
PO Box 147
Chanhassen, MN 5531
Administration
Phone: 952227.1100
Fax: 952.227.1110
Balldlng Inspections
Phone: 952227.1180
Fax:. 952.227.1190
Eflglneedng
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952227.1120
Fax: 952.227.1110
Recreation Center
2310 CotJlter Boulevard
Phone: 952.227.1400
Fax:. 952.227.1404
Planning &
Natural Resources
Phone: 952227.1130
Fax:. 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fac 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952227.1110
Web Site
ww,,,,,.ci.chanhasam.mn.us
CHARGE STATEMENT
TH 101 TRAFFIC CONCERNS
SOUTH OF TH 5
Stake Holders:
Task Force Make-up:
Charge:
City has received petition from residents
expressing concems about safety on TH 101
south of TH 5. Speed Limit reduction has
been ruled out as an alternative.
Area Property Owners
City of Chanhassen
Carver County
Mn Department of Transportation
Representatives from 8-10 Area Households
Representatives from 1-2 Businesses
City of Chanhassen En~neering
City of Chanhassen Public Safety
Carver County Sheriff's Office
Mn Department of Transportation
· Identify neighborhood concerns
· Quantify desired outcomes
· Develop strategies to achieve desired
outcomes
· Recommend course of action to City,
County, and State on how to implement
strategies
· Participate in implementation of the
approved course of action
The City of Chanhasaen · A growing community wih'q clean lakes, quality schools, a charming downtown, II, riving businesses, winding trails, and beauUflJI parks. A gmat place to live, work, and play.