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B City Code Review Ch. 18, 1-19CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Adminislralion Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: September 22, 2003 SUB J: Code Amendments BACKGROUND The City Council has previously completed an initial review of Chapters 1 - 17. At the September 8, 2003 meeting, City Council was able to review Chapter 19. Chapter 18 was not reviewed. Please review the draft changes to Chapters 18, which should be in your binders, and the additional changes included in the memorandum below. (Please contact me if you require a copy of the draft amendments.) Staff has also drafted the ordinances that would implement the draft changes to City Code for Chapters 1-19 and have included them for your edification. Staff is recommending that we bring the ordinances to City Council for adoption in October. RECOMMENDED ACTION Staff is requesting the City Council review the proposed changes to Chapterl 8 and provide comments and direction on these changes. SUMMARY Following are summaries of the changes being proposed in each chapter: Chapter 18. Subdivisions This chapter deals with the subdivision of land within the city. The majority of the proposed changes deal with procedural issues. The substantive changes include changes to the landscaping and tree protection section of the ordinance and the requirement that sidewalks be required in all new developments. The Planning Commission recommended that the city adopt the largest street width standards for minor arterial and local streets. Staff has proposed that we adopt The City of Chanhassen · A growing communily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt September 22, 2003 Code Amendments Page 2 - our standard detail plate dimensions. Staff has proposed language to clarify that the 60 x 60 foot building pad was for tree removal calculations. Following are additional revisions that have not been provided previously: Sec. 18-40. Same--Data required. (2) f. Topographic data within the property to be subdivided and one hundred (100) feet beyond the property 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 !ow normal water elevations shall also be shown. A wetland delineation report and surveyed wetland line for all jurisdictional wetlands on or within one hundred (100) feet of the property boundary. The delineation shall be no more than three (3) years old, unless accompanied by documentation demonstrating the delineation has been reviewed in the past three (3) years and is accurate or revised to reflect changes on-site. Where the subdivision borders a lake, river 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 features shall also be shown. *The change is to make this rule consistent with the information required for storm water ponds The second change will ensure that staff has an adequate amount of time in which to review the wetland delineation prior to final review of the subdivision. Inclusion of the wetland delineation is for clarification purposes, since these reports are required of subdivisions. The requirement for a meander line two feet above the recorded hi~,h water elevation is unnecessarT. (7/8/03) (4) c. A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unaltered areas where storm water collects and percolates into the ground. A proposed drainage plan for the Todd Gerhardt September 22, 2003 Code Amendments Page 3 developed site indicating the direction and rate of runoff, the path of all storm water discharge to the public storm water infrastructure 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 ~to,,,--~n surface water management plan. *The first change will ensure that staff is able to evaluate any inconsistencies in data or problems that may occur as a result of a subdivision's discharge through adjacent properties. The second change will make the language consistent with the language used throughout the rest of the city code.(7/9/03) Sec. 18-61. Landscaping and tree preservation requirements. (a) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one (1) deciduous tree to be placed in the front yard. The type of tree shall be subject to city approval. (The city will provide a list of species). Coniferous trees must be at least six (6) feet high and deciduous trees must be at least two and one-half (21/2) inches in diameter at the time of installation. 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 (21/2) inches for deciduous and six-foot height for evergreen and four (~l) feet above the ground is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: *This distinction is confusing and unnecessary. Deciduous added for clarification purposes. The landscaping is provided as part of the landscaping plan for the project prepared by a landscape professional. The ordinance contains the list of species (7/15/03) . Eliminate primary and secondary specimen since they are all deciduous trees. Primary Specimen Deciduous Trees Acer saccharum Carya ovata Celtis occidentalis Juglans nigra Quercus rubra Quercus alba Common Name Maple, Sugar or hard Shagbark Hickory Hackberry Black Walnut Oak, Red Oak, White Todd Gerhardt September 22, 2003 Code Amendments Page 4 Quercus bicolor Quercus macrocarpa Robinia pscudoacacia Tilia Americana Secondary Deciduous Trees Acer platanoides 'Cleveland' Acer platanoides Acer platanoides Acer platanoides Acer platanoides Acer platanoi&'s Accr platanoides 'Columnar' 'Crimson King' 'Emerald Lustre' 'Emerald Queen' 'Jade Glen' 'Schwedlcr' Acer plautnoidcs 'Supc~Jbrm' Aeer platanoidc& 'Varicgatum' Acer rubrum spp. Acer rubrum 'Northwood' Acer x freemanii, spp. Acer saccaharinum 'Silver Queen' Aesculus glabra Betula nigra Betula papyrifera Betula pendula 'Dalecarlica' Catalpa speciosa Fraxinus americana spp. Fraxinus pennsylvanica 'Marshall's Seedless' Ginkgo biloba Gleditsia triacanthos inermis, spp. Oak, Bicolor Oak, Bur Black Locust Linden, American Maple, Maple, Maplc, Maple, .Maple, Maple, Maple, Maplc, MaPle, Maple, Maple, Maple, Cleveland Nm~vay Columnar Crimson King Emerald Lustre Norway Emerald Quccn Norway Ja&: Glen Schwedler Norway Sttpe~brn~ Nonvay variegated Nomvay Re& all va~e~es Northwood Red Freeman, all va~eties Maple, Silver Queen Ohio Buckeye Birch, River Birch, paper Birch, cut leaf weeping Northern Catalpa Ash, White all varieties Ash, Marshall's Scedlcss Ginkgo Honeylocust, thornless - all varieties Todd Gerhardt September 22, 2003 Code Amendments Page 5 Gleditsia triacanthos incrmis 'Imperial' Gleditisai triacanthose inermis 'Skyline' Gymnocladus dioicus Ost~3,a virginiana Populus trcmuloidcs Sorbtts spp. Tilia spp. Ulmus spp. Ornamental Acer ginnala Amelanchier spp. Crataegus spp. Malus baccata columnaris Malus (various spccics )spp. Ostrya virginiana Populus tremuloides Sorbus spp. Phellodendron amurense Prunus cerasifera 'Newport' Prunus triloba Prunus virginiana 'Schubert' Rhamnus frangula ' Columnaris' Syringa reticulate Tilia cordata ~l~li a co rdata ' G rcenspire ' Honeylocust, Imperial Honeylocust, Skyline Coffeetree, Kentucky Ironwood Ash, Motmtain Linden, all varieties ELM, DED-resistant varieties Maple, Amur Serviceberry or Juneberry Hawthorne, all varieties Crabapplc, Colunmar Siberian Crabapple, assorted flowering-Varieties, Dolgo, Flame, Radiant, Red, Silver, Red Splendor Ironwood Aspen Ash, Mountain, all varieties Amur Corktree Plum, Newport Plum, flowering or Rose Tree of China Chokeberry, Schuberts Buckthorn, Tallhcdgc Lilac, Japanese tree Linden, LittlcIeaf Linden, Greenspire Todd Gerhardt September 22, 2003 Code Amendments Page 6 ITilia x cuchlora 'Redmond' [Linden, Redmond Conifers Abies balsamea Abies concolor Larix laricina Picea abies Picea glauca Picea glauca densata Picea pungens Picea pungcns 'Glauca' Pinus nigra Pinus ponderosa Pinus resinosa Pinus strobus Pinus sylvestris Pseudotsuga menziesii Thuja occidentalis Thuja occidentalis 'Techny' Fir, Balsam Fir, Concolor Tamarack Spruce, Norway Spruce, White Spruce, Black Hills Spruce, Colorado Green Spruce, Colorado Bh, te Pine, Austrian Pine, Ponderosa Pine, Norway Pine, White Pine, Scotch Fir, Douglas Arborvitae Techny Arborvitae *Changes denote spelling corrections and clarification of species. Deletions include redundant mentions nd poor selectton~l CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE, GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-4 is amended as follows: 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 shall not be deemed or taken to be the titles 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 reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, 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 this Code. Section 2. Section 1-6 is amended as follows: 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 relating to the annual budget; (3) Imposing taxes which are not inconsistent with this Code; (4) Establishing positions, classifying employees or setting salaries; (5) Granting a franchise; (6) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way; (7) Establishing or prescribing street grades; 1 (8) Providing for local improvements and assessing taxes therefor; (9) Prescribing through streets, parking prohibitions, parking limitations, one-way streets, speed limits, load limits or loading zones not inconsistent with this Code; (10) Dedicating, accepting or rejecting any plat or subdivision; (11) Annexing or deannexing property; (12) Providing for a survival plan or relating to civil defense or civil defense emergencies; (13) Rezoning specific property. (14) Whose purpose has been accomplished; (15) Which is special although permanent in effect; (16) 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 3. Section 1-9 is amended as follows: Whenever in this Code any act is prohibited or is made or declared 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 shalI be a misdemeanor punishable to the maximum extent authorized in M.S. {}412.231, as modified by M.S. § 609.034. Each day of any violation continues is a separate offense. Section 4. Section 1-10 is amended as follows: 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 held to be valid as if such part or parts had not been included herein, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted 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 legislative intent. If this Code or any ordinance or provision thereof is held 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. Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 1-10.5, which shall read as follows: 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 this 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 and amendments. 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 therein. When subsequent ordinances repeal any chapter, section, subdivision, paragraph or any portion thereof, such repealed portions may be excluded from 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 reference to the section number of this Code in substantially the following language: "The section of the City Code, City of Chanhassen, 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: "That the City Code, City of Chanhassen, Minnesota, is hereby amended 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. Section 6. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 CHANHASSEN CITY CODE, ADMINISTRATION THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 2-3 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Unless otherwise provided by city code, Robert' s Rules of Order, Newly Revised, Tenth Edition, shall govern the conduct of procedure of all meeting of the city council. Section 2. Section 2-16. Departments and offices established of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There are established the following citY departments and officers: (2) (3) (4) (5) (6) (7) General administration, which shall include the city clerk/manager; Department of park and recreation which shall include the park and recreation director; Department of finance, which shall include the finance director and an account clerk; Community Development department, which shall include a community development director and a building official; Department of public works which shall include a director of public works/city engineer; Chanhassen Fire Department, which shall include a fire chief; and Such other departments and officers as established by state law or city ordinance. Section 3. Section 2-20. Enforcement of city code of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city manager or city manager's designee, peace officers, part time peace officers, reserve officers, community service officers community development director, building official, public works director, fire inspector officers within their job descriptions or as otherwise authorized by ordinance, are expressly authorized to institute in the name of the city any appropriate actions, civil or criminal, including the issuance of citation in lieu of arrest against a person, firm 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. 5 Section 4. Section 2-31 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 enumerated in Minnesota Statutes section 429.101, subdivision 1. The performance by the 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 property. Section 5. Section 2-32 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: a) The city is divided into an urban service district and a rural service district, constituting separate taxing districts for the purpose of all municipal property 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 in the judgment of the council at the time of adoption of the ordinance are rural in character, and are not developed forcommercial, industrial or urban residential purposes, and for these reasons are not benefited 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 feed 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 January 1, 2003, the parcels identified on a list dated January 1, 2003, entitled "Rural Service Districts" on file with the city clerk are in the rural 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 rural service district 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 seventy-five (75) percent, plus any municipal property taxes levied for payments of bonds and judgements, and interest thereon. Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.01, which shall read as follows: Generally. The Council determines the duties and exercises the powers of administrative boards or commissions. However, the Council may establish boards or commissions 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 administration of a municipal function jointly shared with another political subdivision. Section 7. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.03, which shall read as follows: Planning Commission. Subd. 1. Commission Established. The Planning Commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The Planning Commission 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 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Planning Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, 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 Planning Commission 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 from time to time as may be necessary or desirable. (b) To initiate, direct, and review, from time to time, a study of the provisions of the Zoning Code and the subdivision regulations and to report to the Council its advice and recommendations with respect 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 preliminary 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, platting, 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 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 8. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.05, which shall read as follows: Park and Recreation Commission. Subd. 1. Creation. There is established a Park and Recreation Commission for the City. Subd. 2. Membership. The Park and Recreation 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 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Park & Recreation Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in its bylaws the date and time of its meetings and shall set such public heatings as are necessary and desirable or as required by law or this Code. Subd. 4. Powers and Duties. The Park and Recreation Commission shall 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 Commission by the Council, or as the members of the Commission 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 maintain 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. 5. Reports. The Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing yefir. Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.07, which shall read as follows: Board of Adjustments and Appeals. Pursuant to Minnesota Statutes, Section 462.354, a Board of Adjustments and Appeals is hereby established. The Planning Commission shall serve as the Board of Adjustments and Appeals. Section 10. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.09, which shall read as follows: Environmental Commission. Subd. 1. Commission Established. 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 Chanhassen's natural resources. Subd. 2. Membership. The Environmental 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 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Environmental Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in its bylaws the date and time of its meetings and shall set such public heatings as are necessary and desirable or as required by law or this Code. Subd. 4. Powers and Duties. The Environmental Commission has the following powers and duties: (a) The Environmental Commission shall serve as an advisory body to the City Council and Planning Commission in addressing the needs of the environment as directed by the City Council. All final decisions are to be made by the City Council. (b) The Environmental Commission will consider and make recommendations at the direction of the City Council regarding environmental issues. (c) The Environmental Commission will make recommendations at the direction of the City Council regarding funding for environmental projects. (d) The Environmental Commission may propose studies to the City Council and make recommendations according to the results. (e) The Environmental Commission will coordinate services with other governmental and private agencies for related issues. Subd. 5. Reports. The Environmental Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 11. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.11, which shall read as follows: Senior Commission. Subd. 1. Commission Established. The Senior Commission serves as an advisory body to the City Council in addressing the special needs of people over age 55 living in Chanhassen. They consider and make recommendations to the City Council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational programs, senior center and senior housing, but are not limited to these issues. All final decisions are made by the City Council. Subd. 2. Membership. The Senior 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 31 st of each year. 10 Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Senior Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the' approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, 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 Senior Commission shall have the following powers and duties: (a) They make recommendations to the City Council regarding funding for special services to be provided for citizens over age 55. (b) They may propose needs studies for this age group where necessary and make recommendations to the City Coupcil 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 last day of March of each calendar year, containing the Commission's recommendations for the ensuing year. Section 12. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.13, which shall read as follows: Public Safety Commission Subd 1. Commission Established. The Public Safety Commission shall assist the city manager, or the city manager's designee, in preparing a work program outlining activities it proposes to undertake Subd. 2. Membership. The Public Safety Commission 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. Officers; Meetings. (a) The Chairperson and Vice Chairperson of the Public Safety Commission are appointed by the Commission from among its members for a' term of one year. The Commission shall adopt its own rules and procedures with the approval of 11 the Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in their 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. (b) The Commission shall hold at least one (1) regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which shall become public record. Subd. 4. Powers and Duties. The Public Safety Commission shall have the following powers and duties: (a) Needs and pfioritization of available public safety personnel hours to best meet those needs; (b) The facilitation of improved city/public safety communications; (c) Make recommendations for changes in the present police services contract rate program and the monitoring of costs of other public safety protection alternatives; (d) The maintenance of statistics (national, state, metro, local); (e) The promotion of public safety and community education programs; (f) The conduct of research for the city council on public safety matters; (g) Meeting with persons concerning public safety matters, grievances and needs. Subd. 5. Reports. The Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 13. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.15, which shall read as follows: Resignations and Removal from Commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the City Council. Vacancies on any advisory board or commission 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 Hall. Applications shall be available at the City Clerk's office and shall be forwarded to the City Council within the time prescribed. 12 Section 14. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.17, which shall read as follows: Compensation. Commissioners shall serve without compensation. Section 15. Section 2-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city economic 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 housing. Section 16. Chapter 2, Article IV, Division 3 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 17. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 13 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 CHANHASSEN CITY CODE, ANIMALS AND FOWL THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 5, Article II, Division 1, Section 5~16 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 5-18 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Kennel licenses shall expire on December 31 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 maintained. The city clerk may issue a kennel license provided that: (1) The certification is affirmative; and (2) No complaints have been received by the city. In all other cases, the kennel license shall be issued only upon city council approval. Section 3. Section 5-39 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows:' (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 (10) 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 animal is found to be rabid, it shall be destroyed. If the owner can provide current proof of rabies shots, the owner may institute 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. Section 4. Section 5-53 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 14 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 month the rabies vaccination was given, or upon acquiring ownership or possession of any unlicensed animal or upon establishing residence in the city. Owners of dogs or cats that are not licensed in accordance with this division shall pay a late fee in the amount established by resolution except if the animal has been impounded and not licensed, in which case section 5-54 shall govern. Section 5. Section 5-54 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Dog or cat licenses shall expire annually following their issuance on the anniversary date the rabies vaccination was given. Section 6. Section 5-55 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Upon payment of the license fee, the owner of a licensed dog or cat shall be furnished a suitable tag. The owner shall cause the tag to be affixed by a permanent fastening to the 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. Section 7. Section 5-78 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All dangerous animals must be registered with the Carver County Sheriff's department within sixty (60) days after the effective date of this division. Section 8. Section 5-104 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) A stable permit shall be issued by the city clerk upon approval by the stable inspector if the following conditions are met (1) Minimum acreage for two (2) horses shall be one and one-half (1 1/2) acres, and for three (3) horses shall be two (2) acres, and an additional one-third (1/3) acre shall be required for each additional horse. (2) No stable permit shall be issued for a lot of less than one (1) acre. (3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within. (4) A shelter or stabling facility which will keep the animal or animals comfortable and protected from the elements and which shelter or stabling facility shall be no closer than 15 one hundred (100) feet from any structure other than the applicant's, which is used for residential purposes. (5) The shelter or stabling facility shall be so located so as not to create a public nuisance. (6) The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. (7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. (8) Accumulations of manure shall be located at least one hundred (100) feet from any well. (9) All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. (10) The shelter structure shall be a minimum of 200 feet from any wetland. ~;ection 9. Chapter 5, Article III, Division 2, Section 5-107 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 10. publication. This ordinance shall be effective immediately upon its passage and PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 16 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 CHANHASSEN CITY CODE, BOATS AND WATERWAYS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 6, Article I, Section 6-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 6-22 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All docks must conform to dock setback requirements. Section 3. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 6-26 (g), which shall read as follows: Access across wetlands shall be subject to the standards set forth in section 20-405. Docks shall be elevated a minimum of six (6) to eight (8) inches above the ordinary high water elevation. Section 4. Section 6-27 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to Minnesota chapter 86B either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. Section 5. Section 6-46 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The provisions of Minnesota Statutes chapter 86B and the rules and regulations of the state department of natural resources promulgated thereunder are hereby incorporated herein and made a part of this chapter. Section 6. Section 6-48 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 17 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 watercraft within one hundred fifty (150) feet of any shoreline shall be limited to emerging straight out from and straight towards the shoreline, or slow-no wake operation. Section 7. Section 6-49 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No person shall operate a watercraft in any marked slow--no wake areas in excess of slow--no wake speed. Slow--no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources. The location and boundaries of each slow--no wake area established are shown on that certain 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 if fully set forth and described 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 resources and posted at all public accesses. Section 8. Section 6-50 (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All areas in lakes marked "slow-no wake", slow - no wake; Section 9. Section 6~55 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 United States Coast Guard approved type I, II, III or V personal floatation device. Section 10. Chapter 6, Article III, Section 6-56 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 11. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the 18 Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 19 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 CHANHASSEN CITY CODE, BUILDINGS AND BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 7-16 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Application, Administration and Enforcement. (a) The application, administration, and enforcement of the building code shall be in accordance with Minnesota Rule Chapter 1300. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, Subdivision 1, when so established by this ordinance. (b) The code enforcement agency of the City of Chanhassen is called the Community Development Department, Inspections Division. (c) This code shall be enforced by the Minnesota Certified Building Official designated by the City of Chanhassen to administer the code (Minnesota Statute 16B.65 Subdivision 1). (d) A violation of the code is a misdemeanor. Section 2.. Section 7-17 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Permits and Fees (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 Council. (b) 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 shall not exempt any person 20 from compliance with all other provisions of this code nor from any penalty prescribed by law. (c) A re-inspection fee may be assessed for each re-inspection 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 inspection is requested, or for deviating from plans requiring the approval of the building official. The fee shall be as established in Table 1-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 percent 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 later than 180 days after the date of fee payment. Section 3. Section 7-18 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Building Code. (a) The 2003 Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75, is hereby adopted as the building code for the City of Chanhassen. The code is hereby incorporated in this ordinance as if fully set out herein. The 2003 Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300 2. 1301 3. 1302 4. 1303 5. 1305 6. 1306 7. 1307 8. 1309 9. 1311 10. 1315 11. 1325 12. 1330 13. 1335 14. 1341 Administration of the Minnesota State Building Code; Building Official Certification; State Building Construction Approvals; Minnesota Provisions; Adoption of the 2000 International Building Code; Special Fire Protection Systems; Elevators and Related Devices; Adoption of the 2000 International Residential Code; Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings; Adoption of the 2002 National Electrical Code; Solar Energy Systems; Fallout Shelters; Floodproofing Regulations; Minnesota Accessibility Code; 21 15. 1346 16. 1350 17. 1360 18. 1361 19. 1370 20. 4715 21. Adoption of the Minnesota State Mechanical Code; Manufactured Homes; Prefabricated Structures; Industrialized/Modular Buildings; Storm Shelters (Manufactured Home Parks); Minnesota Plumbing 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. Section 4. Section 7-19 (12) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Indication of direction of surface water drainage by arrows and impervious surface calculations for the lot or parcel; Section 5. Section 7-22 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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, if the construction will result in disturbing the soil. To guarantee compliance with the plan a five hundred dollar ($500.00) cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a building permit is issued. The escrow amount may be greater than five hundred dollars ($500.00) if, after review of the site, the city deems it necessary to require a greater amount to guarantee compliance. The maximum escrow allowable per parcel is five thousand dollars ($5,000.00) 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 shall 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 emergency as determined by the city. (b) The grading and erosion control plan must be consistent with the approved grading plan for the plat in which the property is located, if any. Areas where the finished slope will be steeper 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 shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within forty (40) feet of the ordinary high water mark 22 of a water body unless specifically approved by the city. All disturbed areas shall be replaced with a minimum of four (4) inches of topsoi! or black dirt. To minimize 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 may require additional controls to correct specifiC site related problems as normal inspections are performed. (e) All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the city engineer to halt all construction. (f) 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 amendedl Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-24, which shall read as follows: Landscaping Security. If the lot on which a certificate 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 fifty 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 permitting. Section 7. Section 7-30 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The purpose of this article is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavating, mining, filling, and grading within the city. Section 8. Section 7-32 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Except as otherwise provided in this article, it shall be unlawful for anyone to work the earth without having first obtained a written permit from the city authorizing the same in accordance with this article. Active earth work operations that predate this article that do not have a permit shall cease operations or obtain an earth work permit within six (6) months after the adoption of this article. Current permit holders shall come into compliance with the terms of this article no later than the renewal date of such permit 23 holder's Earth Work permit. Excavating, mining, filling, and grading permits for more than fifty (50) cubic yards, but less than one thousand (1,000) cubic yards of material in a twelve-month period may be processed administratively. Excavating, mining, filling, and grading of one thousand (1,000) cubic yards of material or more in a twelve-month period shall be processed in the same manner as an interim use permit. Violations of any written permit condition shall constitute a misdemeanor violation of this chapter. Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-33 (8), which shall read as follows: Earthwork in accordance with an approved site plan review, conditional use permit, interim use permit or wetland alteration permit. If the approved site plan review, conditional use permit, interim use permit or wetland alteration permit requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. Section 9. Section 7-45 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Unless otherwise allowed by the City Council, construction activities, earth work and all related activities 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 4th, Labor Day, Christmas Eve Day, and Christmas Day. No work shall be permitted on Sunday except with permission of the City Council. Homeowners doing 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 p.m. on Sunday and the holidays previously listed, Section 10. Section 7-51 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) General. The provisions of this code shall apply to all 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. Section 11. Section 7-51 (g) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (g) Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building Code (MSBC) and Minnesota State Fire Codes (MSFC) and considered part of the requirements of this code to the prescribed extent of each such reference. Section 12. Section 7-52 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) General. The Building Inspection Division of the city is responsible for administering the provisions of this code and the executive official in charge thereof shall be known as the code official. (b) 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 of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation 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 the interests of the department. (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 personal 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 because 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 until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property maintenance 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 responsibilities under this code shall be as established by resolution of the City Council. Section 13. Section 7-56 (d) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose 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 true 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 corrections or repairs required by such compliance order or notice of violation. 25 Section 14. Section 7-59 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Terms defined in other codes. Where terms are not defined in this code and are defined in Minnesota State Building Code, such terms shall have the meanings ascribed to them as in those codes. (b) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (c) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "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." Section 15. Chapter 7, Article IV, Section 7-60 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 16. Section 7-61 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (b) Responsibility. The owner of the premises shall maintain the structures 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 Section. 7-61 through Section 7-66. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. Section 17. Section 7-62 (g) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Section 18. Section 7-63 (n) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Insect screens. During the period from May 1st to October 1st, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self closing device in good working condition. 26 Section 19. Section 7-65 (e) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Curbside collection. Appliance, furniture and similar items shall be left outside for collection and disposal for not more than 72 hours before they are collected. Section 20. Section 7- 67 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Scope. The provisions of Section 7-67 through Section 7-70 shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. (b) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of Section 7-67 through Section 7-70. (c) Alternative 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. Section 21. Section 7- 79 (d). of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 1 to maintain a temperature of not less than 68°F during the period the spaces are occupied. Exceptions (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. Section 22. Chapter 7, Article IV, Section 7-80 (b) of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 23. Section 7- 85 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Scope. Under the provisions of Section 7-85 through Section 7-89, the Minnesota State Fire Code (MSFC) shall govern the minimum conditions and standards for fire safety relating to' structures and exterior premises; including fire safety facilities and equipment to be provided. 27 Section 24. Section 7- 86 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. (b). Aisles. Aisles shall be maintained in accordance with the Minnesota State Fire Code. (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 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 MSBC. (d) Locked Doors. All means of egress doors shall be readily openable 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. (e). Emergency escape openings. Required emergency escape and rescue openings shall be operational from the inside of the room, without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings. However, such devices must provide a minimum net clear 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 opening. Where such bars, grilles, grates or Similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 7-89. Section 25. Section 7- 87 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 MSFC. Section 25. Section 7- 89 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: General. 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 accordance with the MSFC. Section 26. Section 7- 89 (e) 1 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 28 Installation: Approved single-station smoke alarms shall be installed in existing dwelling units, congregate residences, and hotel and lodging house guestrooms. Installation shall be in accordance with the MSBC and MSFC. Section 27. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 29 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7.5 CHANHASSEN CITY CODE, CABLE COMMUNICATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 7.5-29 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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, subp: N, as the same may be amended from time to time. The city shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 CFR, Part 76, subp. N, as the same may be amended from time to time. Section 2. Section 7.5-61 (d) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Pursuant to 47 C.F.R. Section 76.910, on the llth day of May, 1994, the City submitted FCC Form 328, Certification for Local Franchising Authorities, to the FCC via registered mail, return receipt requested. Pursuant to Section 76.910, the date on the return receipt, May 17, 1994 is to be considered the date filed. A copy of FCC Form 328 was also served on grantee on May 11, 1994, the same day it was filed with the FCC. Section 3. Section 7.5-63 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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, subp. N. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the 30 Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 31 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 CHANHASSEN CITY CODE, CEMETERIES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 8-19 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Maintenance funds. All income received by the city for grave or lot purchase price shall be receipted to the General Fund for the purpose of defraying the cost of caring for, maintaining and improving the cemetery lots; expansion; or other cemetery purposes as determined by the city council. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 8-21 (f), which shall read as follows: Only one monument or marker shall be allowed per grave. Section 3. Section 8-23 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Persons engaging in placing monuments and markers shall provide adequate planking to protect turf and shall remove materials, equipment and refuse immediately upon completion of work. The lot owner, his heirs, successors 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 carded 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. Section 4. Section 8-24 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 32 Above ground vaults and mausoleums are not permitted. Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 8-27, which shall read as follows: Graves. Each grave in the cemetery may contain the remains of up to two people, either one casket and one cremation urn, or two cremation urns. However, only one monument or marker will be allowed per grave. Section 7. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 33 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 CHANHASSEN CITY CODE, FIRE PREVENTION AND PROTECTION THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 9, Article I, Section 9-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Chapter 9, Article II of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: FIRE DEPARTMENT Section 3. Section 9-19 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A board of fire officers shall be established to help the fire chief carry out the fire department'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 selected issues relating to the fire department. Section 4. Section 9-20 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) The fire chief of the city fire department shall have general supervision'of the fire department. (b) 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 fire deparment's recommendation to the city council for review and final appointment 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. 34 (e) It shall be the duty and responsibility of the fire chief to report personally to the city manager of the city manager's designee. Such meetings shall include but not be limited to: / (1) Fire department status. (2) Budget Review. (3) Current membership levels, needs, and problems. (4) Past quarter activity. (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. Section 5. Section 9-24 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Firefighter's relief association. The members of the fire department shall organize and incorporate a firefighter's relief association in accordance with law. It shall be known as the "Chanhassen Firefighter's Relief Association." Section 6. Section 9-25 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city acknowledges the need and desire to establish and maintain the city fire department rescue squad and such rescue squad is established and confirmed. Section 7. Section 9~26 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. 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 35 buildings/equipment by the city o~ its residents, when such usage does not interfere with operating the fire department or produce an unreasonable risk for damage of same. Section 8. Section 9-41 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Any person violating any provision of this article or of any other code or standards adopted in this article, or any order made pursuant thereto shall be guilty of a misdemeanor. Section 9. Section 9-43 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The 1997 Minnesota Uniform Fire Code is adopted by reference. Section 10. Chapter 9, Article HI, Section 9-45 of the City Code, City of Chanhassen, Minnesota, i's hereby repealed. Section 11. Section 9-47 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The limits referred to in section 7901 and 7902 of the Minnesota Uniform Fire Code in which flammable or combustible liquids are prohibited are hereby establishes as within the bOUndaries of the city. Section 12. Section 9-48 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) The limits referred to in firticle 82 of the Minnesota 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. (b) 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 permit from the fire department. (c) All single-container installations with a total water storage capacity of two thousand (2,000) gallons or greater, or where the aggregate of interconnected 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. 36 (4) Protected by other approved means. Section 13. Section 9-49 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The limits referred to in section 7701.7.2 of the Minnesota 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. Section 14. Section 9-71 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 if set forth herein. The city manager or city manager's designee, the fire chief, and the fire inspector of the fire department are hereby designated as persons to accept applications and issue open burning permits, pursuant to Carver County Ordinance #5B. Section 15. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 37 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 CHANHASSEN CITY CODE, LICENSES, PERMITS AND MISCELLANEOUS REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 10-19 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. Section 2. Section 10-19 (f) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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.m. 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.S. § 144.411 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. Section 3. Section 10-19 (j) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Consumption and display permits. Consumption and display permits may be issued to a bottle club which complies with the requirements of Minnesota Statures, 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 Ordinance No. 299. 38 Section 4. Section 10-23 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. Section 5. Section 10-28 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 premises shall be preceded by ten (10) days' published notice. In addition, the public hearing 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 located. A public hearing is not required for temporary license applications, nor for off-sale 3.2 percent malt liquor licenses. , Section 6. Section 10-39 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 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. Section 7. Section 10-47 (e) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Identification required. Any person shall, upon demand of the licensee, his employee, 'or agent, produce and permit to be examined one of the forms of identification provided under Minnesota Statutes Section 340A.503, subdivision 6. Section 8. Section 10-49 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Gambling. Except for lawful gambling conducted in accordance with state law and city code, 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. 39 Section 9. Chapter 10, Article IV, Section 10-141 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 10. Section 10-142 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: It unlawful for any peddler, solicitor, or transient merchant to engage in any such activity within the city without first registering with the 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. Section 11. Section 10-143 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The registration requirements of this article do not apply to: (a) persons selling products of the farm or garden, including Christmas trees and flowers at sites approved by the city manager or city manager's designee considering vehicular traveling speeds, turning movement, available parking, and other public safety considerations, (b) 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. Section 12. Section 10-144 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Persons registering under this article shall file with the city clerk/manager a written statement on a form to be furnished by the city. The statement shall provide: (1) Name, date of birth, driver's license number identification, and written authorization for necessary background checks by the city of the person registering and each individual that will be carrying the activity of a peddler, solicitor, or transient merchant. While only one (1) representative for a group need apply on behalf of the organization, each individual that will be participating in the activity shall be required to submit their name, date of birth, driver's license information, and written authorization for the city to conduct a background check. (2) The permanent home and business address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made. (3) A description of the nature of the business and the goods to be sold, and the name and address of the person or business from whom the goods were purchased. (4) The length of time for which the right to do business is required. 40 (5) The names of at least three (3) references who will substantiate the person's good character and business respectability or other evidence of the good character and business responsibility of the person registering. (6) A statement as to whether or not the person has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations, the nature of the offense, and the punishment or penalty assessed. (7) The two (2) preceding cities, if any, where the person carded on his activity prior to the current registration. Section 13. Section 10-147 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Upon issuance of the permit, city shall issue an identification upon the filing of the properly signed and completed form, which shall be carded by the person(s) engaged in such activity. Section 14. Section 10-148 (e) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Peddlers, such as ice cream sales, that sell from a motor vehicle when the customer comes to the motor vehicle to make a purchase may not solicit sales on public or private streets, roads or highways, or any other roadways, public or private abutting a school or park. Section 15. Section 10-149.2 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A registration shall be denied or revoked by the city clerk/manager, preceded by written notion and an opportunity to be heard, if any of the conduct listed in subsection (a) of this section shall occur. Section 16. Section 10-151 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. Section 17. Section 10-152 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 purposes of this section, net profits are profits less amounts expended for allowable expenses. 41 Section 18. This ordinance, shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, bythe Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 CHANHASSEN CITY CODE, MISCELLANEOUS PROVISIONS AND OFFENSES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: .Section 1. Section 11-1 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. Section 2. Section 11-1 (g) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: This section shall not be construed as permitting the presence at any time of any person under eighteen (18) years in any place where this presence is prohibited by law or ordinance. Section 3. Chapter 11, Section 11-2 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 4. Section 11-4 (c) of the City Code,' City,of Chanhassen, Minnesota, is hereby amended to read as follows: It shall be unlawful for any person to drink intoxicating liquor or malt liquor on any public property or semi-public property. However, malt liquor may be consumed at public parks. Section 5. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the 43 Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on .) 4,1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 CHANHASSEN CITY CODE, MOTOR VEHICLES AND TRAFFIC THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 12, Article I, Section 12-7 (a) of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 12-7 (b) (7) of the City Code, City of Chanhassen, Minnesota., is hereby amended to read as follows: Trucks securing a special permit to travel upon city streets from the city as provided hereafter. Section 3. Section 12-7 (d) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Truck routes shall consist of the following streets: (1) All designated U.S. highways; (2) All designated state highways; (3) All designated county highways; and (4) Municipal State Aid Roadways Section 3. Section 12-9 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 turning of vehicles to the left or to the right, or both, is to restricted at all times or during specific hours. The city shall mark, by appropriate signs, any intersection so designated. No intersection or state trunk highway shall be so designated until the consent of the commissioner of transportation to such designation is obtained. No person shall turn any vehicle at any such intersection contrary to the direction on such sign. Section 4. Section 12-10 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 45 The council may by resolution designate any street of portion of a street as a through highway or a one-way road where necessary to preserve the free flow of traffic or to prevent accidents. The city shall post appropriate signs at the entrance to such street. No state trunk highway shall be so designated unless the consent of the commissioner of transportation to such designation is first secured. Section 5. Section 12-11 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city may prohibit the operation of vehicles under any street under 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 reduced. The city shall erect and maintain signs plainly indicating the prohibition or restricts at each end of the portion of the street affected. No. person shall operate a vehicle on a posted street in violation of the prohibition of restriction. Section 6. Section 12-12 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: To assist in the direction and control of traffic, 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 signs, yield signs, 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 transportation is first secured. Section 7. Chapter 12, Article I, Section 12-15 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 8. Section 12-16 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 Department, Minnesota State Patrol, and Community Service Officer shall have the authority to impound vehicles in violation of this section. Section 9. Chapter 12, Article I, Section 12-17 (a) of the' City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 10. Section 12-31 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 46 The definitions in Minnesota Statutes section 84-81 apply to this article. Section 11. Section 12-32 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All city traffic ordinances shall apply to the operation of snowmobiles upon streets and highways. Minnesota Statutes sections 84.81 to 84.88, except those provisions relating to required equipment, are adopted by reference as set out at length in this article. Section 12. Section 12-33 (7) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: In a manner so as to create a loud or unusual noise which disturbs or interferes with the peace and quiet of other persons. Section 13. Section 12-38 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No person shall conduct a snowmobile organized race at any place within the city without first having secured a permit thereof from the council. Written application shall be made to the council. The applicant shall give the information required on the form. A permit may be issued upon such terms, conditions and permit fees as the council may prescribe. Upon the granting of such permit, the provisions of section 12-33, paragraph (7) may be waived by the council for the duration of the race. Section 14. Section 12-50 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Required. On a space available basis, the city manager shall issue permits authorizing overnight parking in municipal parking lots. The permit shall specify the date and lot for which the overnight 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. Section 15. Section 12-51 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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, Minnesota State Patrol, or Community Service must prepare, in addition to the parking citation, a written towing report describing the motor vehicle and the reasons for towing. The report must be signed by the officer and the tow driver. Section 16. This ordinance shall be effective immediately upon its passage and publication. 47 PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 48 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 CHANHASSEN CITY CODE, NUISANCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 13-2 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Accumulations of manure, animal feces, refuse, 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; Section 2. Chapter 13, Article I, Section 13-2 (c) (1) of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 3. Section 13-2 (c) (23) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Hourly restrictions on certain operations: Recreational vehicles. No person shall, between the hours of 9:00 p.m. and 7:00 a.m., drive or operate any minibike, all terrain vehicle, snowmobile, or other recreational vehicle not licensed for travel on public highways. This subsection (23)(a) does not apply to snowmobiles lawfully using streets or authorized trails. bo Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 a.m. and 6:00 p.m. on any weekday or during these same hours on weekends to accommodate recognized national holidays or a special pickup Co Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 6:00 p.m. on any weekday or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, and no such activity is permitted 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 49 occupant shall be permitted between the hours of 8:00 a.m. and 7:00 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. during the seven (7) weekdays. Residential snow removal is not limited by this section. Section 4. Chapter 13, Article IV, Section 13-28 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding an Article to be numbered Article VI, which shall read as follows: NOISE Section 13-50. DEFINITIONS. a. General. 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 Minnesota Pollution Control Agency Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations. Section 13-51. NOISES PROHIBITED. General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any. persons or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the s-~ecific restrictions of the following subdivisions. Motor Vehicles. Minnesota Statutes sections 169.69 and 169.693 (motor vehicle noise limits) and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and roles may be amended from time to time, are herby adopted by reference. No person shall operate a motor vehicle in the City in violation of the motor vehicle noise limits herein adopted. c. Horns, Audible Signalin~ Devices, Etc. N° person shall sound any signaling device on any vehicle except as a warning of danger, as required by Minn. Stat. {}169.68. do Exhaust. It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively Prevents abnormal or excessive noise and complies with all applicable state laws and regulations. 1. Engine Retarding Brakes. It shall be unlawful for the operator of any track to intentionally use an engine retarding brake on any public highway, street, parking 5O lot or alley within the city which causes abnormal or excessive noise from the engine, except in an emergency. Vehicle Noise Signage. Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in 'this Section, except that no sign stating "VEHICLE NOISE LAWS ENFORCED" shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this Section are in full force and effect even if no signs are installed. e. Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. f. Loading, Unloading, Unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. g. Radios, Tape Player, Compact Disc Player, Paging System, Etc. General Prohibition. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, 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 precludes their enjoyment of property or affects their property value. o Nighttime Prohibition. Operation of any such set, instrument, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. 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 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. Participation in Noisy Parties or Gatherings. 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 police 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 police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Loudspeakers, Amplifiers for Advertising, 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 51 establishment or vehicle, without a written permit from the City. Application shall be made 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 granted. Permit fees shall be established by resolution of the City Council. ~ Animals. No person shal! 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 per~on by'its frequent or - continued noise" mdans any one of the following: 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 premises 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 The animal noise can be heard five hundred (500) feet from the location of the building and premises 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 o The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five (5) minutes with one minute or less lapse of time between each animal noise during the five (5) minute period. Schools, 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 unreasonably 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 institution. Section 13-52. HOURLY RESTRICTION ON CERTAIN OPERATIONS. (In section 13-2 (c) (23)) Recreational Vehicles and Snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational 52 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 equipment except between the hours of 7:00 a.m. and 9:00 p.m. *~ Co Refuse Hauling and Recycling Collection. No person shall collect or remove garbage or refuse or collect designated recycl d. Construction, Maintenance and Repair Activities. No person shall engage in or permit c0nstmction, maintenance and repair activities involving the use of any kind of electric, diesel or gas-powered motor vehicle or mac~~ ~,.e~ent 7:00 a.m. and 6:00 p.m. * e. Exceptions. The following uses and activities are exempt from this Section as specified below: 1 Snow removal motor vehicles, equipment and operations are exempt from § 13- 52(b) and § 13-52(d). 2. Excavation/grading operations are exempt from § 13~-52(d), but must comply with § 7-45. 3. Outdoor recreational uses are exempt from § 13-52(b) and § 13-52(d). Section 13-53. EXEMPTION FOR EMERGENCY 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 Manager or his 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 shall take all reasonable actions to minimize the amount of noise. Section 13-54. ENFORCEMENT. ao Notice of Certain Violations. When the city determines that a noise exceeds the maximum sound level permitted under this Article, written notice of the violation shall be given to the owner or occupant of the premises where.the noise originates and such person shall be ordered to correct or remove each specified violation within 53 such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this Article. b. Civil Remedies. This Article may be enforced by injunction, action for abatement, or other appropriate civil remedy. Co Criminal Penalties. Any violation of this Article involving the operation of a motor vehicle, other than a violation of Section 13-51(c), which occurs in a motor vehicle, is a petty 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 reasonable attorneys' fees, to the extent authorized by law. Each act of violation and each day a violation occurs or continues, constitutes a separate offense. Section 6. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 54 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 CHANHASSEN CITY CODE, PARKS AND RECREATION THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 14, Article II of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Chapter 14, Article IV, Section 14-56 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 3. Section 14-58 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A permit shall be obtained from the city before participating in 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. Section 4. Chapter 14, Article IV, Section 14-59 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 5. Section 14-61 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 the contents of which have be partially consumed. Section 6. Section 14-63 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 55 No air rifles, BB guns, slingshots, explosives, fireworks, or devices capable of discharging blank ammunition shall be brought into or used in park areas, except by peace officers while executing their lawful duties. City sanctioned firework displays are exempt from this requirement.. Section 7. Section 14-65 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Except as provided in subparagraph (b) below, no person shall be permitted 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 recognized 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 or other animal to be a service animal or in rescue aCtion. Section 8. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 56 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 CHANHASSEN CITY CODE, PLANNING AND DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 15, Article II of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 15-20 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which would have been 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 proper use of official maps as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, sections 462.351 to 462.364. Section 3. Chapter 15, Article III, Section 15-29 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen,.Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor 57 (Published in the Chanhassen Villager on 58 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 16 CHANHASSEN CITY CODE, SOLID WASTES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 16, Article I, Section 16-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 16-33 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Operating requirements. A licensed collector must comply with the following requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license: (1) Manner. The licensee shall operate in a manner consistent with its application materials and shall provide notice to the city within ten (10) days of any change in the information. (2) Hours of collection. No collection of mixed municipal solid waste or recyclable materials shall be made from a residential dwelling except between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. Operations during these hours may also be conducted on Saturday, to accommodate recognized national holidays or a special pickup. No collection of yard waste from a residential dwelling shall be made except between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. Customers shall be reasonably notified of the specific day and hours for collection of their yard waste, mixed municipal solid waste, and/or recyclables and the licensee shall collect the materials within those time periods. (3) Vehicles; maintenance. Each licensed collector shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any street, alley, or public place longer than is reasonably necessary to collect mixed municipal solid waste, yard waste, and/or recyclables. The license shall also ensure that the collection site is left tidy and free of litter. 59 (4) Opportunity to recycle; collection. Each licensed hauler shall provide its customers with an opportunity to recycle through the weekly curbside collection of targeted recyclables. The curbside collection of targeted recyclables shall be on the same day as the collection of the customer's mixed municipal solid waste, but may occur at a different time within that day. The targeted recyclables collection shall be from a location at or near the customer's mixed municipal solid waste collection site, or such other location mutually agreeable to the hauler and the customer. The licensee may specify how a customer is to place and prepare their targeted recyclables for collections. The licensee must provide this information to their customers in writing on an annual basis. The city must also be provided a copy of this information on an annual basis. The licensee is also deemed the owner of the recyclables and upon collections, the licensee may market them. Nothing herein shall be construed to prevent a licensee from offering curbside collection for other recyclable materials, in addition to the targeted recyclables. (5) Monthly report on mixed recyclables. Each licensee shall submit a monthly report to the city of the weight, in tons, of mixed recyclables collected by the licensee in the Chanhassen. The report shall be provided on or before the twentieth day of the month following the close of the previous month 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, the location of the recycling facilities or end markets to which all materials are delivered, and describe how the weights were calculated. Upon written notice to the licensee, the city may require similar reports on other materials picked up by the licensee. (6) Charges for service. Licensed mixed municipal solid waste haulers may not charge their customers a flat fee rate. To the extent possible, charges shall be based upon the volume or weight of mixed municipal solid waste that is collected. Licensed haulers may not impose greater charges on residents or businesses that recycle than on those who do not recycle. (7) Recyclables. Recyclables may not be disposed of at a landfill or incinerated. All recyclables must be recycled. Licensed haulers shall not mix source-separated materials with mixed municipal solid waste or handle source-separated materials in any way that reduces the reusability or marketability of the source-separated material. Licensed haulers must notify the customer if recyclable materials are contaminated or not sorted correctly. The notification must be in writing stating the violation and corrective measures and it must be presented at the time of collection. (8) Designated sanitary landfill. Mixed municipal solid waste collected from sources other than public entities may only be disposed of at a designated sanitary landfill or other facility authorized by the county. All mixed municipal solid wastes 60 collected from any public entity within Chanhassen must be managed according to the Carver County waste management hierarchy. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, bythe Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 61 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 CHANHASSEN CITY CODE, STREETS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 17-17 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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 and paying the fee established by resolution for the permit. An excavation permit is not required of a licensed plumber who has secured a permit for the installation of water or sanitary sewer services or an individual sewage treatment system. (b) Each application for permit shall be made in writing on a form furnished 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 from each permit applicant. Such bond shall be conditioned that the applicant_shall perform the work in accordance with this article and all applicable regulations. Section 2. Section 17-22 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 OSHA 29 CFR Safety Program published by the Library Specifications Book to the extent that such provisions are not in conflict with applicable law. Section 3. Section 17-23 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 62 (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 authorized 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. (d) Excavations and jacking pits shall be bermed when unattended to prevent entrance of surface drainage. (e) All back-filling shall be placed 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 department specifications, or better if required by the city. Compacted backfill shall be brought to street 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. (f) City approval shall be required for any construction 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. (g) 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. (h) Street surface and roadside shall be cleaned after completion of construction and shall.be left in a neat and presentable condition. (i) After all construction and clean-up has been completed, the permittee shall notify the city within twenty-four (24) hours to this effect and shall request inspection and 63 preliminary acceptance of the work. Proper "As built" plans, as required by the city engineer, shall be submitted prior to acceptance. Section 4. Section 17-31 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: General standards. All buildings moved into or within the city shall comply with the following: (1) Minnesota State Building Code. (2) The building is well maintained and in a good state of repair as determined by the Building Official. (3) Chapter 20 of the City Code, City of Chanhassen, Minnesota. Section 5. Section 17-41 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No one may move a building into or within the city except upon issuance of a permit issued by the city and from all regulating agencies. Section 6. Section 17-42 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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. (b) The application shall be referred to the city building official for approval. Section 7. Chapter 17, Article III, Section 17-43 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 8. Section 17-44 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city shall approve a permit pursuant to this division subject to such reasonable conditions as may be appropriate if the standards set forth above are met. If the building does not satisfy the requirements for a permit, the city may issue a permit on condition that the building is brought into compliance within a reasonable period of time as determined by the city. The city may further condition approval upon the applicant furnishing a letter of credit satisfactory to the city sufficient to cover the necessary work to bring the building into compliance. 64 Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding an Article to be numbered Chapter 17, Article IV, which shall read as follows: Snow and Ice Removal Sec. 17-50. Snow and ice removal from sidewalks. ao 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 affecting the safety of the general public. b° Responsibility for Removal of Snow and Ice. It shall be unlawful 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. Co 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 Minnesota Statutes Section 429.101. d. Penalties: 1) Any person who violates this section shall be guilty of a petty misdemeanor 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. Section 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 65 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 CHANHASSEN CITY CODE, SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 18, Article I, Section 18-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 18-39 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: After the pre-application consultation and at least twenty-eight (28) days prior to the meeting of the planning commission at which action is desired, 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 reduction of each sheet, proof of ownership satisfactory to the city, and a list of property 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 return of all or any part of the application fee. Section 3. Section 18-39 (f) (7) c. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Lack of adequate sanitary sewer systems or no ISTS (individual sewage treatment system). Section 4. Section 18-40 (2) f. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Topographic data within the property to be subdivided and one hundred (100) feet beyond the property 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 66 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 normal water elevations shall also be shown. A wetland delineation report and surveyed wetland line for all jurisdictional wetlands on or within one hundred (100) feet of the property boundary. The delineation shall be no more than three (3) years old, unless accompanied by documentation demonstrating the delineation has been reviewed in the past three (3) years and is accurate or revised to reflect changes on-site. Flood plain areas, location of wooded areas, rocky outcrops, power transmission poles and lines and other significant physical features shall also be Shown. Section 5. Section 18-40 (4) c. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unaltered areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff, the path of all storm water discharge to the public storm water infrastructure 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 surface water management plan. Section 6. Section 18-41 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Unless otherwise provided in the development contract for phased development, within one (1) year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application the subdivider shall submit: (1) Copies of the plat in such quantities 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 .dwg format and a digital copy in .tif format of the final plat shall be submitted.If the final plat application is not filed within this period, the preliminary plat will be considered void unless for good cause shown an extension is requested 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 twenty-one (21) days prior to the meeting of the city council at which action is desired. 67 (b) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary 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 furnished, 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. The developer shall pay the city a fee established by city council resolution to reimburse the city for the cost of updating the city's base maps and geographic information systems (GIS) data base files and converting the plat and record drawings into an electronic format. Section 7. Section 18-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The proposed subdivision shall conform to the comprehensive plan, the design standards, and Chapter 20 of this Code. The design standards set forth in this article are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall, design as deemed apPropriate considering the property being subdivided. Section 8. Section 18-57 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: b) Street right-of-way widths shall 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 following: Street Right-of-Way Roadway/Pavement Classifications Widths (feet) Width (feet) Minor arterial 100 36 Collector 80 36 Local street (rural residential) 60 24 Local street (urban residential) 60 : 31 68 Local street 60 (commercial/industrial) Cul-de-sac, turnaround radius 60 · (urban/residential) Cul.de-sac, turnaround 60 radius(rural residential) Cul-de~sac, turnaround 60 radius(commercial/industrial) Private Street (Residential Serving 30 A-2, RR, RSF, R~4) Private Street (Residential Serving 40 R-8, R-12, R-16) Private Street 40 (commercial/industrial) 36 45.5 40 48 20 24 26 Section 9. Section 18-61 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one (1) deciduous tree to be placed in the front yard. The type of tree shall be subject to city approval. Coniferous trees must be at least six (6) feet high and deciduous trees must be at least two and one-half (21/2) inches in diameter at the time of installation. 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 (21/2) inches for deciduous and six-foot height for evergreen is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: Scientific Name Common Name Deciduous Trees Acer saccharum Carya ovata Celtis occidentalis Juglans nigra Quercus rubra Quercus alba Quercus bicolor Quercus macrocarpa Tilia americana Maple, Sugar or hard Shagbark Hickory Hackberry Black Walnut Oak, Red Oak, White Oak, Bicolor Oak, Bur Linden, American Acer rubrum spp. I Maple, Red, all varieties 69 Acer x freemanii, spp. Acer saccaharinurn 'Silver Queen' Aesculus glabra Betula nigra Betula papyrifera Betula pendula 'Dalecarlica' Catalpa speciosa Fraxinus spp. Ginkgo biloba Gleditsia triacanthos inermis, spp. Gymnocladus dioicus Tilia spp. Ulmus spp. Ornamental Acer ginnala Amelanchier spp. Crataegus spp. Malus spp. Ostrya virginiana Populus tremuloides Sorbus spp. Phellodendron amurense Prunus cerasifera 'Newport' Prunus triloba Prunus virginiana 'Schubert' Syringa reticulata Conifers Abies balsamea Abies concolor Larix laricina Picea abies Maple, Freeman, all varieties Maple, Silver Queen Ohio Buckeye Birch, River Birch, paper Birch, cut leaf weeping Northern Catalpa Ash, all varieties Ginkgo Honeylocust, thornless - all varieties Coffeetree, Kentucky Linden, all varieties ELM, DED-resistant varieties Maple, Amur Serviceberry or Juneberry Hawthorn, all varieties Crabapple, assorted flowering-Varieties, Ironwood Aspen Ash, Mountain, all varieties Amur Corktree Plum, Newport Plum, flowering or Rose Tree of China Chokeberry, Schubert Lilac, Japanese tree Fir, Balsam Fir, Concolor Tamarack Spruce, Norway 70 Picea glauca Picea glauca densata Picea pungens Pinus nigra Pinus ponderosa Pinus resinosa Pinux strobus Pinus sylvestris Pseudotsuga rnenziesii Thuja occidentalis Thuja occidentalis 'Techny' Spruce, White Spruce, Black Hills Spruce, Colorado Green Pine, Austrian Pine, Ponderosa Pine, Norway Pine, White Pine, Scotch Fir, Douglas Arborvitae Techny Arborvitae (2) The 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. (3) All areas disturbed by site grading and/or construction must be seeded or sodded immediately upon completion of work to minimize erosion. When certificates of occupancy are requested prior to the satisfaction of this requirement, financial guarantees acceptable to the city, must be provided. (4) No dead trees or uprooted stumps shall remain after development. On-site burial or burning is not permitted. (5) Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined in the comprehensive plan and where the 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 permitted between the required buffer and the collector or arterial street. Where appropriate, 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 increased 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 guarantees acceptable to the city shall be required. (b) 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. 71 (c) No tree removal shall be permitted except as approved in a subdivision, planned unit development or site plan application. Removal of trees prior to city approval will result in the issuance of a citation. The cleared area shall be replanted at a rate of two (2) times the DBH inches (DBH means diameter measured at breast height, 4.5 feet above the ground) of trees removed, if known, or one (1) tree per 1,089 square feet of replacement area with the required replacement area calculated at 1.5 times the canopy coverage area that was removed. Additionally, the development review process shall be halted and the developer shall be required to resubmit revised existing site condition and tree inventory plans and new landscaping plans incorporating the additional planting requirements. (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, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, control of drainage and restoration of denuded soil subsequent to construction and grading, protection from severe weather, providing habitat for birds and other wildlife, conservation and enhancement of city's physical and aesthetic environment, reforestation of open 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 environment 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 above the ground), condition, location of all, trees over six inches in diameter and any damaged or diseased trees on site. All significant special, damaged or diseased 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. 72 The following table shall be used to determine the minimum amount of canopy coverage that must be maintained 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 forested 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 count towards the minimum canopy coverage for the site. Comprehensive Plan Designation Base Line Canopy Coverage Per Acre 60--79% 40--59% 80-- 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 undisturbed 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 that would otherwise be used to meet the canopy coverage retention requirement, 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 shall be followed in establishing minimum canopy coverage: 73 1. When planting trees, one (1) tree shall be deemed to provide one thousand eighty-nine (1,089) square feet of required canopy coverage; 2. Trees must be from the approved list of desirable species (preference 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 least two-and-one-half-inch caliper and may be a minimum of one-and-one-half-inch caliper; 5. Not less than twenty (20) percent of the trees shall be conifers; 6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6) feet in height; 7. Plant materials used for the reforestation shall be of a similar species as vegetation found on site; 8. Trees shall be used that are appropriate to the soil conditions found on site; and 9. Trees shall be from certified nursery stock as defined and controlled by Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act. (3) In order to calculate the tree removal area on the lot, the applicant must accommodate a sixty-foot by sixty-foot building area or the average minimum building area consistent with the largest building footprints approved as part of the development plus an additional 15 foot construction envelope surrounding the building area. (4) Minimizing the tree loss should be achieved by any combination of the following: a. Realignment of streets, utilities and lot lines. b. Consideration of alternative utility configurations such as the use of ejector pumps, force mains, or revised home elevations to minimize grading. c. Reductions in roadway width and right-of-way and increase in street grade up to ten (10) percent when the applicant can demonstrate that significant tree preservation is directly related to the modification. d. Use of private streets 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 minimum lot area requirements and/or density transfers as long as it can be demonstrated by the applicant, that tree preservation can be enhanced. 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 considered 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 recorded as part of the plat approval. 74 (5) (6) (7) (8) (9) 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 remain in place until all construction activities are terminated. No equipment, chemicals, soil deposits, or construction materials shall be placed within the protective barriers. All understory trees and natural vegetation should be Preserved within the boundaries of the protective areas. Where this protection area cannot be maintained or would otherwise render lots undevelopable, an alternate protection, mitigation or tree replacement 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. At the city's discretion, conservation easements may be required to protect designated tree 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 responsible for the maintenance of vegetation in common areas. 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 permitted within the designated woodland area. 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 if they cannot be saved. These trees shall not be counted when computing the base line tree canopy coverage. If any protected significant trees are removed or killed or there is a loss of trees as the result of construction activities, the city requires replacement at the rate of two (2) diameter inches per each inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least two and a half (21/2) 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 75 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 replacement 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-half-inch diameter, a similar species as vegetation existing on site, and appropriate to the soil conditions. Any 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. (10)Financial guarantees acceptable to the city shall be required to ensure satisfactory installation of landscaping requirements. Section 10. Section 18-63 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 the area to be dedicated to the city for ponding, 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. 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 adjusted each year on January 1 to reflect construction cost changes in the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. Section 11. Section 18-78 (b) (5) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sidewalks shall be required on at least one side of all local streets. 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 street. 76 b. Along all other streets: a minimum 5-foot wide concrete sidewalk shall be installed along one side of the street within the right-of-way. Additional sidewalk may be installed if it is needed to connect with a trail system. c. On cul-de-sac streets: the sidewalk shall end at the circle or bubble portion of the street. Section 12. Section 18-79 (f) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Land area conveyed or dedicated to the city shall not be used in calculating density requirements of chapter 20 and shall be in addition to and not in lieu of open space requirements for planned unit developments. Section 13. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 77 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 CHANI-IASSEN CITY CODE, WATER, SEWERS AND SEWAGE DISPOSAL THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. section 19-18 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (b) It is unlawful for any person, firm, or corporation to turn 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 stops for residential water services. The following are exempted by this prohibition (1) City employees that are authorized to maintain 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 turn on water service control valves and curb stops located on private property after the water meter is installed. Properties with water turned on without authorization shall be charged a one hundred dollar ($100.00) service and water use fee. Properties with new structures under construction shall be required to pay the fee before the certificate of occupancy is issued. Section 2. Section 19-20 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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: 78 (1) That the lot or tract of land, or portion of said lot or tract, to be served by such connection to tap has been assessed for the cost of construction of the watermain 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 due course, that a sum equal to the portion of cost of constructing said watermain has been paid to the city pursuant to subsection (b). (b) The applicant shall pay a lateral connection fee that is just and equitable in an amount established by the city council. The amount of the charge shall be automatically adjusted each year on January 1 to reflect construction cost changes in the local Minneapolis region as evidenced by the Engineering News~Record Construction Cost Index. (c) Upon written request of the owner of the benefited property showing good cause, the city council may provide that the lateral connection charge be specially assessed against the benefited property 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 authorized, all connection charges shall be payable in full prior to the issuance of a building permit. Section 3. Section 19-21 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Trunk connection charges. (a) In addition to the lateral connection charges set forth herein, a trunk connection 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 the system for the usage of wells, pumping stations, water storage facilities, and equipment of the city water system. The amount of this charge shall be automatically adjusted each year on January 1 to reflect construction cost changes to the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (b) The number of unit trunk connection charges to be levied against each benefitted l°t or tract of land, portion thereof, shall be established using the following criteria: (1) Single-family houses, townhouses, condominiums, mobile homes and duplex units shall each comprise one (1) unit for each dwelling unit; (2) Other buildings and structures shall be assigned one (1) water trunk connection charge (unit) for each sewer availability charge (SAC) as estimated by the Metropolitan Council Environmental Service. 79 (c) The number of unit trunk connection charges to be levied against the premises may thereafter be revised conditioned upon the Metropolitan Council Environmental Service revising_the number of sewer availability charges accordingly. (d) Upon written request of the owner of the benefitted premises showing good cause, the water trunk connection 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 charges shall be payable in full prior to the issuance of a building permit for new construction on the property. Section 4. Section 19-22 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Work which in any way affects the city's water lines or connections thereto shall be performed in accordance with the Minnesota Plumbing Code as adopted by the city. (b) In the event that the permitted work includes any direct contact with the city's water system or the alteration of a city street, the plumber shall file with the city a copy of the Master plumber's bond and certificate of as required by the Minnesota Plumbing Code. Bond and insurance_requirements may be waived by the building official for: (1) Persons seeking plumbing permits for work on premises owned and occupied as a residence by permittee. (2) Master plumber seeking plumbing permits on premises owned and occupied by permittee's employer. Section 5. Section 19-23 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 performed without first obtaining a written permit from the city in accordance with the Minnesota State Building Code as adopted by the city. (b) Fees. The fees to be paid the city for plumbing permits shall be determined in accordance with Chapter 7, Article II. Section 5. Section 19-24 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Meters. 80 (a) Except for the extinguishment of fires, no person except authorized city personnel shall use water from the water supply system or permit water to be drawn therefrom, unless the same shall be metered by meters furnished 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 for permit to connect to the water supply system. (b) 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 necessary 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 adjustment 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 structures serviced by the municipal water system. (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) containifig children and animals that may 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. Section 6. Section 19-25 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: It shall be the responsibility of the property owner to maintain the service line from the property line 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 after 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 the curb box is straight and keyable at all times so that sections of the city system do not have to shut down for private system repairs. 81 Section 7. Section 19-26 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Watermains, valves, hydrants, service connections and interior plumbing shall be installed as specified by the current edition of the Minnesota Plumbing Code. (b) A separate and independent building water line shall be provided for every building. Exceptions may be allowed only by special permission granted by the city. Section 8. Section 19-28 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Use of the city water supply system for lawn and garden sprinkling, irrigation, car washing or other nonpotable uses shall be limited to an odd-even schedule corresponding to property address 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 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 if in the opinion of the public works director sufficient water for such permits is available. Property owners installing an automatic or underground irrigation system are required to install a rain sensor device. Existing irrigation systems are required to retrofit to install a 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. The first violation of the provisions of this ordinance in any calendar year shall result in a written warning from the city. Subsequent violations will result in a penalty fee schedule approved by City Council. The penalty will be added to the next water bill for the premises. Section 9. Section 19-42 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Work which in any way affects the city's sewer lines or connections thereto shall be performed in accordance with the Minnesota Plumbing 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 Master plumber's bond and certificate of insurance_as required by the Minnesota Plumbing Code. Bond and insurance requirements may be waived by the building official for: (1) Persons seeking plumbing permits for work on premises owned and occupied as a residence by permittee. 82 (2) Master plumber seeking plumbing permits on premises owned and occupied by permittee's employer. Section 10. Section 19-43 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Permits 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 performed without first obtaining a written permit from the city in accordance with the Minnesota State Building Code as adopted by the city. (b) Fees. The fees to be paid the city for plumbing permits shall be determined in accordance with Chapter 7, Article II. Section 11. Section 19-44 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 surface drain connected and/or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying such water to the sanitary sewer system. Section 12. Section 19-44 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All construction involving the installation of clear water sump pits shall include a sump pump with minimum size one and one-half (1 '/2) 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. Sump pump 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 right-of-way unless approved by the city engineer or his designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. Section 13. Section 19-45 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Lateral Connection charges. 83 (a) No permit shall be issued to connect with the sanitary sewer system of the city either 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 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 due course, that a sum equal to the portion of cost of constructing 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 fee that is just and equitable in an amount established by the city council. The amount of the charge shall be automatically adjusted each year on January I to reflect construction cost changes for the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (c) Upon written request of the owner of the benefitted premises showing good cause, the city council may provide that the connection charge be specially assessed against the benefitted property, 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 authorized, all connection charges shall be payable in full prior to the issuance of a building permit. Section 14. Section 19-46 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Trunk connection charges. (a) In addition to the lateral connection charges set forth herein, a trunk connection charge, unless charged as a part of public improvement 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, forcemains, and trunk sewers. The amount of this charge shall be automatically adjusted each year on January I to reflect construction cost changes to the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (b) The number of unit trunk connection charges to be levied against each benefitted lot or tract of land, or portion thereof, shall be established by using the following criteria: 84 Service Lines It shall be the responsibility of the property owner to maintain the service line from the property line to the structure being served. In case of failure on the part of any owner to repair any leak occurring in the service line within twenty-four (24) hours after oral or written notice has been given, the City may repair the leak and bill the property owner for the work and time incurred on the repair. SeCtion 19. Section 19-66 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Definitions. The following words and phrases, when used in this article, unless the context clearly indicates otherwise, shall have the meanings described to them in this section and section 1-2 of the City Code, City of Chanhassen, Minnesota, in addition to those definitions contained in part 7080.0020 of the Minnesota Rules. Department shall mean Community Development Department, Inspections Division. Section 20. Section 19-67 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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, 7080.0305, 7080.0310, 7080.0315, 7080.0600 and 7080.0700 relating to individual sewage treatment systems are hereby adopted by reference and made a part of this article as if fully set forth herein. (b) The above adopted rules are hereby amended as follows: (1) Minnesota Rules 7080.0130;subp. 3A is amended to read as follows: All new systems shall require a multiple compartment septic tank or multiple tanks in series. Table II Number of Bedrooms Tank Liquid Capacity-Gallons 2 or less 1,125 3 or 4 1,500 5 or 6 2,250 7, 8, or 9 3,000 · To increase tank liquid capacity, two (2) or more separate tanks in series are permitted. 85 (1) Single-family houses, townhouses, condominiums, mobile homes and duplex units shall each comprise one (I) unit for each dwelling unit; (2) Other buildings and structures shall be assigned one (1) water trunk connection charge (unit) for each sewer availability charge (SAC) as estimated by the Metropolitan Council Environmental Service. (c) The number of sewer trunk connection charges imposed against the premises may be revised conditioned upon the Metropolitan Council Environmental Service revising the number of sewer availability charges accordingly. (d) Upon written request of the ownertof the benefitted premises showing good cause, the sewer trunk connection 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 charges shall be payable in full prior to the issuance of a building permit for new construction on the property. Section 15. Section 19-47 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: In addition to, and not in lieu of, all other charges imposed from time to time by the city for building permits, sewer connection permits, sewer usage rates, and sewer trunk connection 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 construction is issued, or at the time a sewer connection 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. Section 16. Chapter 19, Article HI, Section 19-48 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 17. Section 19-49 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Sanitary sewer mains, manholes and service installation shall be as specified by the current edition of the Minnesota Plumbing Code and/or City of Chanhassen standard specifications and detail plates. (b) A separate and in&pendent building sewer shall be provided for every building. Exceptions may be allowed only by special permission granted by the city. Section 18. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 19-52, which shall read as follows: 86 For ten (10) or more bedrooms, the septic tanks shall be sized as an "other establishment" as defined in 7080.0020, subp. 25. Multiple septic tanks are required consistent with the above Table II. The department may require a water monitoring device be installed. (2) Holding tanks shall not be used as an individual sewage treatment system for new residential construction or for improvements greater than 50% of the assessed value of the structure at the time of application for the improvement. (3) Septic tanks shall be allowed as temporary holding tanks for new residential construction when the installation 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 filed with the department. (4) Permanent holding tanks shall only be allowed for pre-existing dwelling where a standard, alternative, other or performance system cannot be installed. (5) 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 capacity for the use of standard technology. (8) Individual sewage treatment systems shall be designed 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 Septic Tank Soil Treatment Area 50 100 5O 5O 10 10 87 Buildings 10 Property lines 10 The ordinary high water 150 mark of: Natural environment lakes and streams. Recreational 75 development lakes and streams General development 50 lakes, rivers and protected waters Swimming pools 10 Slopes of twenty (20) 20 percent or more Interceptor drains *twenty (20) feet in shoreland areas 20 10 150 75 50 10 20 10' (9) Alternative, Other or Performance systems as defined in Minnesota Rules Chapter 7080.0172, 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 if approved by the city building official with the following conditions: a. When a standard system, as defined in Minnesota Rules 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 b. Reasonable assurance of performance of such system is presented to the department . The 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 Alternative, Other or Performance system; and c. The design of such system is first approved by the department; and d. Treatment and disposal of waste is in such a manner so as to protect 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 construction, or upon any alteration, repair, or extension of the system. The property owner shall be responsible for the cost of installing monitoring equipment and subsequent laboratory analysis. 88 The property owner shall permit reasonable access by the department fOr the purpose of monitoring the system; and f. Such systems comply with all applicable requirements of these standards and with all local codes and ordinances. (10) It shall be the responsibility of any person utilizing an Alternative, Other or Performance sewage treatment system to report to the department all discharges from a malfunctioning Alternative, 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. (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 property 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 properties. (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. (14) Where the construction of additional bedrooms, the installation of mechanical equipment or other factors likely to affect the operation of an individual sewage treatment systems can be reasonably anticipated, the installation of a system sized for such anticipated need is required in the design and construction of said system. (15) Individual sewage system sites must be identified before construction activities begin and staked or fenced to prevent construction traffic from 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 department along with the required soil data and fees. (16) No additions, enlargements, improvements, or remodeling 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 issued. (17) State license required. A state license applicable to the type of work being performed is required for any person, business, firm, or corporation that conducts site evaluation, design, installation, maintenance, repair, pumping or inspection on all or 89 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 directed 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 property to provide a disclosure as defined under Minnesota Rules Chapter 7080.0020, subp. 12b. Section 21. Section 19-68 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Permit required. No person, firm, or corporation shall install, construct, alter, extend, or repair an individual sewage treatment system in the city without first obtaining a permit therefore from the department for each specific installation, construction, alteration, extension, or repair. Such permits shall be valid for a period of twelve (12) months from the date of issuance. (b) Permit application requirements. No construction shall be allowed until the permit required for the individual septic system has been issued. Application for permits shall be made in writing on forms furnished by the department and shall be signed by the licensed installer or their authorized agent. (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 property 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. (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 structures including but not limited to tennis courts, swimming pools and hot tubs; 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; 90 10. Roads and driveway and parking areas; 11. Land elevations; 12. Bodies of water as well as wetlands. bo 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 soil 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 II. 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 soil evaluation based on borings and percolation tests, location of borings and percolation tests and elevation in relationship to a permanently fixed point. f. There shall be a minimum of two (2) percolation tests and two (2) soil borings performed on each proposed site. 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 designer responsibilities. All individual 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 department. (d) 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 needed for the administration of this article, plus the method and time of payment thereof shall be determined by resolution of the city council. (e) 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. (f) Permit denied. 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 hearing as provided in sec. 19- 74(c) of this article. 93_ (g) Permit revoked. Permits issued under this article may be revoked upon written notice by the department when such permit has been issued based upon erroneous or inaccurate data supplied by the applicant or designer or erroneous interpretation of the law by the department or a building official. Section 22. Section 19-69 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Inspections relating to the repair, replacement or construction of a new individual sewage treatment 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) Necessary investigations to determine compliance of existing systems. (3) For all new individual sewage treatment system construction and the repair or replacement of existing systems. a. Mound and at-grade systems shall require a minimum of four (4) construction inspections: 1. When tanks are installed including all pumps and piping. 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 minimum 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. 3. 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. c. Installation inspections shall be made prior to coveting any work with backfill. d. The licensed installer shall be responsible to notify the department before 4:00 p.m. on the day before an inspection or reinspection is requested. e. Work which is backfilled prior to required inspection may be ordered to be uncovered whenever necessary to determine compliance. 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 department or its authorized agent indicating the deficiency and the required 92 correction. Noted deficiencies Shall be properly corrected and reinspected before a certificate of compliance is issued. g. No system shall be placed or replaced in service until final inspection has been completed and the system installation has been approved. 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 purpose of performing inspections required under this article. i. Additional inspections or evaluations may be spec!fled for the repair or replacement of an existing system or construction a new system at the time the permit is issued. These requirements shall be provided by the department to the permittee at the time the permit is issued. j. It shall be the responsibility of the licensed installer to ensure that the entire system is installed in strict accordance 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 department and to submit new or amended designs, approved by the licensed system designer, to the department 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 corrected or eliminated and a certificate of compliance has been issued. No part of the system shall be covered until it has been inspected and/or approved by the department. k. Violations of this ordinance that necessitate follow-up inspection(s) ,will be subject to a reinspection fee. This inspection charge shall be established in accordance with Chapter 7, Article II. (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 rules 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. (5) Fees. Fees for permits, inspections, or other services rendered under this article shall be established by city council resolution. Section 22. Section 19-70 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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 property 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." 93 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. (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 property transfer, funds sufficient to repair or replace the failing system shall be placed in escrow. (4) The seller or buyer of property that has a failing system that is not an imminent 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 transfer, funds sufficient to repair or replace the failing system-shall be placed in escrow. The sewage system compliance inspection form shall be filed with the county auditor along with the certificate of real estate value. A copy of the inspection form must also be filed with the department within thirty (30) days of the date of the inspection. (b) Exempt transactions. The compliance inspection need not be completed if the sale or transfer involves the following circumstances: (1) Tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures. (2) No certificate of real estate value need be filed with the county auditor, as per Minnesota Statutes, Section 272.115. (3) The sale or transfer is to the seller's spouse or ex-spouse only. The sale or transfer may be by deed, through a joint tenancy, of a testamentary nature or by trust document. (4) The transfer is a foreclosure or tax forfeiture. (5) The sale or transfer completes a contract for deed entered into prior to the effective date of this article. This subsection applies only to the original vendor and.vendee on such a contract. (6) Any dwellings or other buildings with running water are connected to a municipal wastewater or treatment system. 94 (c) Transactions occurring between December 1 and April 1. (1) If the transaction occurs between December 1 and the following April 1, and the compliance inspection cannot be completed, as certified by a licensed inspector, the compliance inspection shall be completed and filed with the department and County auditor by June 15 following the closing date. (2) The responsibility for filing the completed compliance portion of the inspection form in this type of transaction shall be that of the buyer. Section 23. Section 19-71 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Any individual sewage system determined to be failing or non-complying by the department or by a compliance inspection required by Minnesota Rules 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 must be brought 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. (b) The department may allow a failing system to b~ restored to its original design rather than being fully reconstructed in accordance with the standards set forth 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 system as defined by Minnesota Rules Chapter 7080 and this article. Section 24. Section 19-72 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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 (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. (b) Sewage tank access. The owner or owner's agent shall install maintenance holes in sewage tanks in accordance with Minnesota Rules Part 7080.0130, subp. 2.M, to allow for maintenance to take place through the maintenance hole. (c) Licensed pumper responsibility. 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- 95 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. (d) Disposal ofseptage. All septage removed from septic tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in accordance with state, federal or local requirements. If the septage is to be disposed of into a municipally controlled sewage facility or into a metropolitan waste control commission facility it shall be disposed of in a location and manner approved by said governmental authority. Section 25. Section 19-73 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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. (b) Connection. When sanitary sewer services are available all failing systems shall make connection immediately. Section 26. Section 19-74 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Inspect new, repaired, or replaced individual sewage treatment systems and septage disposal sites located in the city as provided in this article, issue certificates of compliance for new, repaired, or replaced systems, and investigate complaints of violations of this article. Section 27. Section 19-75 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The owner of a failing individual sewage treatment system shall repair or replace the failing system consistent with this article and Minnesota Rules Chapter 7080. Section 28. The City Code, City of Chanhassen, Minnesota, is .hereby amended by adding a section to be numbered 19-76 (4), which shall read as follows: Pursuant to Minnesota Rules 4715 and 4725, variances to decrease the required setbacks from buried water pipes and water supply wells must be approved by the Minnesota Department of Health. Section 29. Chapter 19, Article VI, Section 19-126 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. 96 Section 30. Section 19-130 (a) (7) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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 pollutant identified pursuant to Section 307(a) of the Federal Water Pollution Control Act. Section 31. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 97