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HomeMy WebLinkAbout08-12-19-SWSAGENDA ITEMS Old Snelling And County Rd E PMP Todd Blomstrom, Interim Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF Neighborhood Meeting Notification Discussion Mike Mrosla, Community Development Manager/City Planner MEMO.PDF ATTACHMENT A.PDF B2 Zoning Mike Mrosla, Community Development Manager/City Planner Jane Kansier, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Clear Cutting And Grading Mike Mrosla, Community Development Manager/City Planner Jane Kansier, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Code Enforcement Discussion Mike Mrosla, Community Development Manager/City Planner MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Special City Council Work Session Agenda August 12, 2019 5:30 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. 1.A. Documents: 1.B. Documents: 1.C. Documents: 1.D. Documents: 1.E. Documents: 2. AGENDA ITEMSOld Snelling And County Rd E PMPTodd Blomstrom, Interim Public Works Director/City Engineer MEMO.PDFATTACHMENT A.PDFNeighborhood Meeting Notification DiscussionMike Mrosla, Community Development Manager/City Planner MEMO.PDFATTACHMENT A.PDFB2 Zoning Mike Mrosla, Community Development Manager/City PlannerJane Kansier, Planning Consultant MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFClear Cutting And Grading Mike Mrosla, Community Development Manager/City PlannerJane Kansier, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Code Enforcement Discussion Mike Mrosla, Community Development Manager/City Planner MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Special City Council Work Session AgendaAugust 12, 2019 5:30 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.1.A.Documents:1.B.Documents:1.C.Documents:1.D. Documents: 1.E. Documents: 2. Page 1 of 1 AGENDA ITEM – 1A MEMORANDUM DATE: August 12, 2019 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Todd Blomstrom, Interim Public Works Director/City Engineer SUBJECT: Old Snelling and County Rd E Improvements Council Should Consider The Public Works Department is seeking direction from the City Council regarding the recommended project delivery process and schedule for roadway and intersection improvements to Old Snelling Avenue and County Road E. Background The City’s adopted 2019-2023 Capital Improvement Program includes proposed improvements to Old Snelling Avenue from County Road E to Trunk Highway 51 and improvements to the intersection at County Road E. The Ramsey County Transportation Improvement Program currently identifies project funding for intersection improvement at County Road E and Old Snelling, which is anticipated to include construction of a roundabout. The County is supportive of the City leading the delivery of these improvements under a cooperative agreement. The purpose of this project is to address infrastructure challenges within the proposed project corridor. Pavement conditions along Old Snelling Avenue have deteriorated, with transverse cracking, alligator cracking and potholes. The pavement condition rating of Old Snelling Avenue is below 30. The intersection of County Road E and Old Snelling currently has significant delays and queuing issues during the PM peak hour. In addition, the City and County have recently identified deteriorated sections of sanitary sewer and storm sewer within the intersection and extending north of County Road E. A potential trail extension along Old Snelling Avenue is also being considered. Page 2 of 2 Old Snelling Avenue improvements are anticipated to involve funding derived from special assessments. The special assessment process must follow the City’s current special assessment policy and maintain compliance with the requirements of Minnesota Statutes Chapter 429. The initial step in the special assessment process is to complete a feasibility report. Due to project specific challenges, including soil conditions, utility coordination and potential easement acquisition, the feasibility report is recommended to include a site survey, geotechnical investigation, and preliminary schematic layout . Discussion Over the past ten years, the City has undertaken multiple studies of the Old Snelling Avenue corridor to identify potential infrastructure improvements. The four primary studies are listed below.  2010 Geotechnical Exploration Report  2010 Preliminary Scoping Document  2012 Feasibility Report  2018 Intersection Control Evaluation The Public Works Department is seeking an opportunity to briefly discuss the past studies and review the preliminary project schedule as provided in Attachment A. A decision regarding the schedule and project delivery process should be made in the near future to allow sufficient time for project design and the anticipated special assessment process. Attachments Attachment A: Old Snelling Avenue and County Road E Improvements, Draft Project Delivery Schedule Old Snelling Avenue and County Road E Improvements ATTACHMENT A Draft Project Delivery Schedule City Project No. PW-20-0100 DRAFT August 5, 2019 Date Project Action General Description August 26, 2019 Order Preparation of Feasibility Report Ordering the Feasibility Report is a required step in the MS 429 process to determine if the proposed improvement is necessary, cost-effective, and feasible. The report must also include the estimated cost of the improvements. The Feasibility Report is recommended to include surveying, geotechnical investigation, schematic design of the roundabout and preliminary right of way/easement mapping. September 24, 2019 Public Informational Meeting Informational meeting to inform benefiting property owners of potential project scope and schedule October 14, 2019 Accept Feasibility Report and Call for Improvement Hearing Engineer will present the Feasibility Report, the proposed project, an initial cost estimate and potential assessments. City Council will set the date and time for the Improvement Hearing as required by the MS 429 process. October 16, 2019 Notices of Public Hearing Mailed The city must mail a notice once to each property owner in the proposed assessment area, at least 10 days prior to the improvement hearing that states the time and place of the hearing, the general nature of the improvement, the estimated cost and the proposed assessment area. The notice must also contain a statement that a reasonable estimate of the cost of the assessment will be available at the hearing. October 16, 2019 Notice of Public Hearing Published The city must publish notice of the improvement hearing twice in the official newspaper, stating the time and place of the hearing, the general nature of the improvement, the estimated cost, and the area proposed to be assessed. The notices must appear at least one week apart. At least three days must elapse between the last publication date and the date of the hearing. October 28, 2019 Cooperative Agreement for Design City Council approval of a Cooperative Agreement with Ramsey County for engineering design November 11, 2019 Improvement Hearing (Public Hearing) City Council discusses a specific local improvement before ordering it done. The Council considers all information in the Feasibility Report and any other information necessary for Council deliberation. At the Improvement Hearing, interested persons may voice their concerns, weather or not they are in the proposed assessment area. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing. November 11, 2019 Order Improvements and Preparation of Plans and Specifications The project may be ordered any time within six (6) months after the Improvement Hearing. The resolution may reduce, but not increase, the extent of the improvement as stated in the notice of hearing. Consultant proceeds with preparation of plans and specifications. November 25, 2019 Cooperative Agreement for Construction City Council approval of a Cooperative Agreement with Ramsey County for project construction December 10, 2019 Public Informational Meeting Informational meeting to inform benefiting property owners of revised project scope and schedule February 24, 2020 Approve Plans and Order Advertisement for Bids City Council approval of project plans and ordering bids is a requirement of MS 429 February 24, 2020 Declare Amount to be Assessed and Call for Assessment Hearing The City Council will set the date and time for the Assessment Hearing as required by the MS 429 process. Hearing date is coordinated with anticipated bid opening date. February 26, 2020 Publish Advertisement for Bids A step in the bidding process. March 24, 2020 Bid Opening Final step in the bidding process. Bids are opened by staff and tabulated. Staff prepares a recommendation to the City Council regarding an award of contract. March 25, 2020 Final Assessment Roll The city clerk, with the assistance of the engineer or other qualified person selected by the council, prepares the proposed assessment rolls. March 25, 2020 Notices of Public Hearing Mailed At least two weeks before the hearing the city must also mail notice of the hearing to each affected property owner. This mailed notice must include the amount of the special assessment against the individual parcels, a description of the landowner’s right to appeal the assessment, possible prepayment provisions, and the interest rate on the assessments. March 25, 2020 Notice of Public Hearing Published At least once and at least two weeks before the assessment hearing, the city must publish notice of the hearing in the city newspaper April 13, 2020 Assessment Hearing The purpose of this hearing is to give property owners an opportunity to express concerns about the actual special assessment. The City Council hears and considers all objections to the proposed assessments, whether presented orally or in writing. April 13, 2020 Accept Bids and Award Contract This step is a requirement of the MS 429 process and allows for the project to move forward with beginning the actual construction process. April 27, 2020 Adopt Assessments The City Council has some flexibility before adopting the assessment roll and may change, or amend, the proposed assessment as to any parcel. City Council adopts by resolution the special assessment roll as the special assessments against the lands named in the assessment roll. May 27, 2020 Appeal Period Ends Within 30 days after the adoption of the assessment roll, a property owner who has properly objected to the assessment may appeal a special assessment to the district court. City of Arden Hills Special Community Development City Council Workshop Meeting for August 12, 2019 Page 1 of 3 AGENDA ITEM – 1B MEMORANDUM DATE: August 12, 2019 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner SUBECT: Neighborhood meeting notification discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may consider providing further direction on revising the Land Use Application Public Notification policy to include neighborhood meetings. Background At their May 16, 2011 meeting the City Council approved the Land Use Application Public Notification Policy (Attachment A). The policy requires staff to notify residents within a given distance from the subject parcel where the development is occurring by mail of upcoming meeting Planning Commission and City Council meetings. The notification mailing distance is determined by whether the planning case requires a public hearing, and if the project is large and has special circumstances. Staff has been utilizing the Land Use Application Public Notification Policy mailing distances when notifying residents of neighborhood meeting. The rationale for utilizing this policy is that the intent of a neighborhood meeting is to reach the same people who will be notified of the public hearing. Discussion The intent of a neighborhood meeting is to allow the applicant to garner feedback from those directly impacted by the project and allow them to make improvements to reduce concerns and impacts. In most communities, neighborhood meetings are generally held for applications for preliminary plats, conditional use permits, planned unit developments and/or rezoning proposals that are located adjacent to or within a residential zoning district. The intent of the neighborhood meeting is to expand and enhance the distribution of information to the residents directly impacted by a development proposal. However, different communities have varying policies City of Arden Hills Special Community Development City Council Workshop Meeting for August 12, 2019 Page 2 of 3 when it comes to neighborhood meetings notification requirements. A review of five (5) adjacent communities found the following results: Vadnais Heights Mounds View New Brighton Roseville Shoreview Do you require neighborhood meetings? Yes – PUD or large developments Encouraged Encouraged Yes – PUD, Rezone, Comp. Plan Amend., subdivisions Encouraged Does staff provide addresses? Yes Yes Yes Yes Yes *Mailing notification distance from subject parcel? 350 feet minimum - staff discretion to expand if deemed necessary 350 feet minimum - staff discretion to expand if deemed necessary 350 feet minimum - staff discretion to expand if deemed necessary 500 feet 350 feet minimum - staff discretion to expand if deemed necessary Does the City post neighborhood meetings on their city’s website or on social media? No No No No No *Minnesota State Statute requires public hearing notifications be mailed to all properties within 350 feet of the subject parcel. As shown on the table above, cities generally have the same requirements when it comes to neighborhood meetings. Only Vadnais Heights and Roseville require neighborhood meetings for certain application types. All cities provide addresses to the applicants for mailings. The majority of cities above require notices to be mailed to all properties within 350 feet of the subject property, and then allow staff to use their discretion to expand the notification area if deemed necessary. None of the cities surveyed post neighborhood meetings notification on their websites or on social media unless the City is facilitating the development. The cities do post public hearings on their websites. Staff is reviewing options to post land use application information on the city’s website. A growing number of cities are providing development information on their websites. The information generally includes a brief summary of the project and contact information. This allows residents not impacted by the project to review the proposal and contact staff if they have any questions or concerns. Requested Action Staff is requesting feedback from the City Council on the following questions in regard to private development neighborhood meetings: City of Arden Hills Special Community Development City Council Workshop Meeting for August 12, 2019 Page 3 of 3 1. Should staff create a separate policy or amend the existing Land Use Application Public Notification policy? 2. Should neighborhood meetings be required for all preliminary plats, conditional use permits, planned unit developments, rezoning and comprehensive plan amendments that are located adjacent to or within a residential zoning district? 3. Should neighborhood meetings occur before or after formal land use application is submitted? 4. Should staff provide the mailing addresses? 5. What is the appropriate mailing notification distance(s) from subject property? Budget Impact None Attachments A. Land Use Application Public Notification policy P:\Planning\Planning Cases\05-16-11 - AH Notification policy.doc 11/4/2016 1 City of Arden Hills Land Use Application Public Notification Policy Policy Purpose: State Statutes require a city to notify all property owners within a minimum of 350 feet of a subject property when a public hearing is to occur related to a land use or zoning application. The City of Arden Hills intends to follow state law regarding proper notification, and further seeks to appropriately engage and inform the public regarding all land use applications that are being reviewed by the City. As such, the City Council has directed Staff to prepare a Land Use Application Public Notification Policy that sets notification standards that go beyond the state requirements. Land Use Application Public Notification Policy: 1. Land Use Requests NOT Requiring a Public Hearing. Notify all property owners within 350 feet of the subject property. 2. Land Use Requests Requiring a Public Hearing. Notify all property owners within 500 feet of a subject property. 3. Large Projects and Special Circumstances. Staff shall use their best judgment to determine instances when a land use application might be for a project that is of significance to the community, or is of a large scale, and shall increase the public notification to include all property owners within a minimum of 1,000 feet of the subject property in those cases. Adopted: May 16, 2011 Page 1 of 3 AGENDA ITEM – 1C MEMORANDUM DATE: August 12, 2019 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP Planning Consultant SUBJECT: B-2 District Design Standards Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may consider providing further direction on revising the B-2 District design standards. Background At the Work Session meeting on June 18, 2018, the City Council discussed setback requirements for buildings and parking lots in the B-2 District. The B-2 District is generally located along the County Road E corridor between Highway 51 and Lexington Avenue North. For new development in the B-2 District, the Zoning Code currently requires buildings to be located along County Road E and parking to be located behind buildings. The City Council directed staff to bring forward possible changes to the design standards that would allow for more flexibility in the placements of buildings and parking in the B-2 District. The City Council also requested that the façade transparency requirements also be reviewed. It should be noted the additional design standards for the B-2 District included in Section 1325.05, Subd. 8 of the Zoning Code also apply to the B-3 District. Any changes made to these design standards would also apply to new development and redevelopment in both the B-2 and B-3 Districts. The B-3 District is generally located along the west side of Lexington Avenue from County Road E to I-694. The B-3 District also includes several properties on the north side of Red Fox Road and on the south side of Grey Fox Road in proximity to Lexington Avenue. The Council reviewed potential language relating to setbacks and building facades at the September 17, 2018, workshop. The staff recommended revising the front yard setback Page 2 of 3 requirement from 20 feet to 50 feet. Staff also recommended removing the requirement that at least 50 percent of the largest building on each site be constructed at the front setback line of 20 feet. Finally, staff recommended the following parking location requirements be deleted: • Placing parking between the street right-of-way and a building shall be discouraged • No more than 50 percent of the parking on a site may be between buildings or in the side yards The Council agreed with the recommended changes in setbacks; however, the Council did have some concerns about changes to the building façade requirements. Discussion Façade Transparency The B-2 and B-3 District design standards include façade transparency requirements for commercial and residential developments. The current requirements state, F. Window and Door Openings 1. Commercial Façade Transparency. a) Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. b) Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings. Simulated or opaque windows may be used on service areas. c) If the building is a one-story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet shall be included in calculating the façade area. d) The City may consider a proportional reduction in the transparent window and door requirement on the public street façade if additional transparent glass is used on the remaining sides. In the B-2 and B-3 Districts is, because of the current building and parking setback requirements, some buildings have been oriented so the back side faces the public street. This has presented challenges for developers meeting the 50 percent façade transparency requirement since the back side of the building is typically where storage, mechanical, and service uses are located. If the City Council decides to change the building and parking setback requirements, staff expects there to be fewer issues with this design challenge. The staff reviewed ordinances for other cities. A summary of those ordinances is included in Attachment A. Arden Hills requires more first floor transparency on all building facades compared to other cities reviewed. Most of the other cities offer greater flexibility in the transparency of commercial façade openings or offer other acceptable design alternatives when privacy is a concern. Page 3 of 3 The purpose of the transparency requirements is to avoid large blank walls, especially along the right-of-way. The windows, doors and other openings create a friendlier streetscape. The Staff would recommend maintaining the transparency requirements. To address the issue of mechanical and storage areas, we recommend adding the following language: e) Spandrel (translucent) glass may be used on service areas. Examples of buildings with spandrel or translucent glass are shown in Attachment B. Next Steps Staff is requesting feedback from the City Council on the changes to the façade transparency requirements. Based on the direction provided by the City Council, staff will schedule the required public hearing for the amendments. Budget Impact None Attachments A. Summary of Other Ordinances B. Examples of Spandrel or Translucent Glass Arden Hills B2 Window/Façade Transparency Research City of Burnsville For all business and mixed use districts: 25% window coverage on each front that faces a street Heart of the City District: Buildings containing office and retail use shall maintain 40% minimum window coverage on each first floor front that faces a street or public open space. City of Eagan – Cedar Grove District Buildings containing office and retail uses shall maintain 40% minimum window coverage on each first floor front, where the primary entry faces a street or public open space. City of St. Paul General performance standards and building design standards – For principal structures: above grade window and door openings shall comprise at least 15% of the total area of exterior walls facing a public street or sidewalk. For non-residential buildings, windows may be clear, translucent, or opaque City of Prior Lake Performance standards for multi-family, businesses shall include at least 2 of the following elements • 2 contrasting, yet complementary, exterior building colors, accent materials, or material textures • At least 25% window coverage on each building wall facing a street • Combination of horizontal and vertical design features • A front entry that is accented a minimum of 150 square feet around the door entrance • Varying roof line • Varying wall depths and shapes • Other unique architectural features in the overall building design City of Roseville (1005.02) Window and Door Openings: 1. For nonresidential uses, windows, doors, or other openings shall comprise at least 60% of the length and at least 40% of the area of any ground floor facade fronting a public street. At least 50% of the windows shall have the lower sill within three feet of grade. 2. For nonresidential uses, windows, doors, or other openings shall comprise at least 20% of side and rear ground floor facades not fronting a public street. On upper stories, windows or balconies shall comprise at least 20% of the facade area. 3. On residential facades, windows, doors, balconies, or other openings shall comprise at least 20% of the facade area. 4. Glass on windows and doors shall be clear or slightly tinted to allow views in and out of the interior. Spandrel (translucent) glass may be used on service areas. 5. Window shape, size, and patterns shall emphasize the intended organization and articulation of the building facade. 6. Displays may be placed within windows. Equipment within buildings shall be placed at least 5 feet behind windows. City of Shoreview (206.050) B) Architectural Design. Building materials shall be selected for their ability to present a visual statement of a building or structure’s strength, attractiveness and permanence. The building materials used shall be harmonious with the surrounding area. (1) Building Elevations. (a) All building elevations are subject to public view, and so high quality design and materials shall be used for all building elevations. (b) Avoid expanses of wall by using windows, jogs, projections, pilasters, architectural detailing, changes in surface materials, colors, textures, and variation of rooflines. Blank, uninterrupted walls that do not include windows, entries, recesses or projections, and other architectural elements, shall not exceed the less of (25-40) feet in length or 50% of the building wall. (c) The main entry shall face the primary street, with secondary entrances on the side or rear. The main entry shall be designed with a canopy, portico, arch, display windows, ornamental molding, enhanced landscape or other details to announce the primary focus of the building. (d) All rooftop or ground mounted mechanical equipment and exterior trash and recycling storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units, including solar energy panels and rooftop rainwater collection systems, which blend in with the building architecture are exempt from the screening requirement. (e) When development is located adjacent to residential or natural areas, a residential scale and appearance is appropriate, including a pitched roof. Alternate designs may be approved through the Site and Building Plan Review process. (f) Signature Architecture, as defined in Section 208.020, shall be consistent with City standards or revised to comply. DATE: August 12, 2019 TO: Honorable Mayor and City Councilmembers FROM: Jane Kansier, AICP Planning Consultant SUBJECT: Vegetation Removal and Clear Cutting Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should provide further direction on the moving forward with potential regulations regarding vegetation removal and clear cutting. Background At the August 20, 2018, City Council workshop, the City Attorney reviewed a draft ordinance that was intended to address vegetation removal and clear cutting. The ordinance amendments reviewed in August, 2018, is attached as Attachment A. At that meeting, the City Council was concerned the ordinance did not address the issue of clear- cutting a lot and claiming the trees were diseased after the fact. To address the Council’s concerns, additional language is proposed. The additional language includes: • Adding a definition of Land Disturbance Activity to the Zoning Code definitions. The definition is the same as that included in Chapter 15, Erosion and Sedimentation Control. • An amendment to Section 1325.055, Tree Preservation, Subd. 2, stating “It shall be unlawful for any person to engage directly or indirectly in a land disturbing activity, as defined in this ordinance, unless such person has applied for and obtained approval of a tree preservation plan. No preliminary plat, building permit, grading permit, or other City required permit shall be granted unless approval of a tree preservation plan has been obtained.” • An amendment to Section 1325.055, Subd. 5, D, stating, “Prior to removal, all diseased or nuisance trees must be clearly identified on the site, and the diseased or nuisance state must be certified by a certified tree inspector, forester or arborist.” AGENDA ITEM –1D MEMORANDUM The complete amendments are included in Attachment B. The proposed language is intended to codify the need for a tree preservation plan prior to clear - cutting a site. Clearcutting is part of a larger infill development discussion. Staff is meeting with the City of Edina staff on August 15th to discuss their ordinances and policies in regards to residential infill development. Following the meeting with Edina, staff intends on having future discussions on setbacks, neighborhood characteristics, and infill construction management. Attachment Attachment A: Draft Ordinance, dated August 20, 2019 Attachment B: New Language 1 198575v4 ORDINANCE NO. 2018-___ CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 710 – TREES AND VEGETATION, CHAPTER 13, SECTIONS 1305 – RULES, SCOPE, INTERPRETATION, & DEFINITIONS, AND 1325- GENERAL REGULATIONS, AND CHAPTER 15, EROSION AND SEDIMENT CONTROL OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 7 – Recreation Areas, Section 710 – Trees and Vegetation, is hereby amended by deleting strikethrough language and adding the underlined language as follows: Chapter 7 – Recreation Areas Section 710 – Trees and Vegetation 710.12.1 Protection of Shade Trees Subd. 1 Declaration of Policy. The City Council has determined that the health of oak, elm, and ash trees, hereinafter sometimes collectively referred to as "shade trees," within the municipal limits are threatened by fatal tree diseases, and insect infestations commonly known as "Oak Wilt Disease", "Dutch Elm Disease", and "Emerald Ash Borer" respectively, hereinafter sometimes collectively referred to as "shade tree diseases." It has further determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. Accordingly, it is hereby declared to be the intention of the Council to control and prevent the spread of shade tree diseases and other epidemic diseases, by enacting this subsection for that purpose. Subd. 2 Penalties. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine, imprisonment or both, not to exceed the maximums provided by state law for a misdemeanor. Each day following the date on which the person was to have removed any diseased shade tree or wood as specified in written notice given pursuant to the provisions of this subsection, the person has allowed the tree to remain on his or her property, or has allowed the parts or brush there from to remain on his or her property, shall constitute a separate violation. Subd. 3 Forester. The position of city forester is hereby continued and the powers and duties of the officer are hereby conferred upon the person as designated from time to time by the 2 198575v4 Mayor with the concurrence of the Council. It shall be the duty of the forester to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control and prevention of the diseases and perform the duties incident to such a program as adopted by the Council. Inspections may be performed by a designated tree inspector(s). Subd. 4. Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the forester or his or her tree inspector(s) or designee while they are engaged in the performance of duties imposed by this subsection. Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct a program of pest control pursuant to the authority granted by Minnesota statues section 18G.13, as amended, directed at the control and elimination of Dutch elm disease, Ooak wilt disease, Emerald Ash Borer infestation, and elimination of other tree diseases and insect infestations and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. Subd. 6. Shade Tree Nuisances Declared. A. The following are hereby declared to be public nuisances whenever and wherever they may be found within the City: 1. Any elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoff); 2. Any dead elm tree or part thereof, including stems, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; and 3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part thereof, infected to any degree with the oakwilt disease, Ceratocystis fagacearum. 4. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt disease to other trees. 5. Red oak species deemed by the City forester or designated tree inspector to be a potentially diseased spore producing tree (PSPT) must be removed before March 15th of the year following complete tree wilt. Any removed red oak tree should be disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into firewood length sections, split if appropriate, stacked and covered in clear plastic with the edges sealed at the ground line to prevent vector entry or escape. 6. Any Ash tree infested with the Emerald Ash Borer beetle, Agrilus Planipennis. 7. Other shade trees with epidemic diseases or epidemic insect infestations. 3 198575v4 Subd. 7. Shade Tree Nuisances Prohibited. (amended 11/28/11) It is unlawful for any person to permit the spread of a public nuisance as defined in this chapter across his or her property lines in any specified control areas as established by the city. Such nuisances shall be abated in a manner prescribed in this chapter. Subd. 8. Inspection by Certified Tree Inspector. A. The forester shall engage one or more persons, each of whom shall have been issued a certificate from the Minnesota Department of Agriculture pursuant to M.S. § 89.63, as amended from time to time, certifying that he or she is a qualified or certified tree inspector, for the purposes of inspecting any public or private properties, upon prior notification, to detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the State Department of Agriculture as a qualified tree inspector and acting as such on behalf of the City. B. The tree inspector(s) shall inspect all premises and places, both public and private, within the City as often as is practicable to detect and mark the location of all shade trees infected with shade tree diseases and report the results of the inspections to the forester immediately after each inspection has been conducted. The forester, or the tree inspector(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In addition to the foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles, emerald ash borer or any other manifestations of shade tree diseases. C. A property owner or contractor who becomes aware of any tree infestation within the City shall notify the City Forester within seven (7) days. D. The City forester and tree inspector(s) shall have the right to enter upon all private premises within the City at any reasonable time for the purpose of carrying out the duties assigned to them under this subsection, including inspection, treatment, cutting, burning or removing of diseased shade trees. Subd. 9. Notices to Property Owners. A. After each inspection and investigation, whenever the forester or the tree inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors shade tree disease to such an extent that the same constitutes a threat of infestation of shade trees in proximity thereto, the tree inspector(s) shall mark the diseased shade trees or wood or both, as the case may be, in a visible manner and notify each owner of real estate within the City whereon the diseased shade trees or wood, or both as the case may be, are located, which notice shall contain the inspection information with respect to the diseased shade trees upon the property and shall further advise that, in accordance with the provisions of this subsection, the owner is 4 198575v4 required to remove the trees or wood, or both, as the case may be, within (20) (amended 11/28/11) days for elm and ash trees and (30) days for oak trees and other trees species from the date of the letter being sent to the property owner. The notices shall be sent by certified mail with return receipt requested to the last known address of the owner. In the event that the certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient notice. B. The notices to be sent under the provisions of this subdivision shall be sent to the occupant of premises upon which the diseased shade trees or wood, or both as the case may be, are located, if those premises are occupied, and also to the owner of the premises, if the owner has an address different from the subject premises and the address is disclosed by the records of the county department of property taxation. Reasonable inquiry by the forester or the tree inspector(s) shall be sufficient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be deemed reasonable inquiry for the purpose of ascertaining the addresses. If the subject premises are unoccupied, then mailing to the address of the owner as shown by the records of the county department of property taxation shall be deemed sufficient. C. No person shall allow, permit the spread of, or fail to abate a public nuisance as defined in this code. Such nuisances shall be abated in the manner prescribed in this code. Subd. 10. Removal of Diseased Shade Trees. A. An owner of real estate in the City who is notified of the existence on his or her property of shade trees or wood therefrom, or both as the case may be, harboring shade tree disease shall within the time specified in the written notice cut down or have cut down each of the diseased trees, remove or have removed all parts, branches and brush there from, and transport or have transported all the parts, branches and brush from the diseased trees and any diseased wood from the premises to an authorized disposal or chipping site. With respect to the transportation of wood from diseased elms or ash trees, it shall be unlawful for any person to transport within the City any bark bearing elm or ash wood. B. The City Forester shall enforce the treatment of nuisance by requiring the performance of one or more of the following disease control methods listed in subsection C in order to destroy and prevent the spread of epidemic diseased of shade trees, including, but not limited to, Dutch elm disease, emerald ash borer, or oak wilt disease. Such abatement may be designated by the Minnesota Commissioner of Agriculture or the University of Minnesota. C. The following abatement procedures are recommended by the City of Arden Hills: 1. Root graft barrier installation at least 60 inches in the soil to isolate the diseased trees; 2. Removal of trees; 3. Stump grinding; 5 198575v4 4. Burning, chipping, debarking or properly covering and sealing the potentially hazardous wood and/or stumps. D. To prevent root graft transmission of tree related diseases, a barrier must be created between diseased and healthy trees, either by cutting the root system with a 54-inch blade or longer by using a vibratory cable plow, or by digging a trench to a minimum depth of 60 inches in the soil surrounding the diseased trees. Such abatement procedures will be carried out in accordance with current technical and expert opinions and plans as designated by the State Commissioner of Agriculture. E. In addition the owner may poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees diseased with Dutch elm disease or emerald ash borer in such manner as may be approved by the forester. Subd. 11. Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all parts, branches and brush thereof, together with any diseased wood of any diseased shade trees located on the premises, from the premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance shall be billed to the owner or occupant of the premises upon which the nuisances existed. Subd. 12. Assessment for Nuisance Abatement. If the owner or occupant fails to pay the bill, as provided for in Subd. 9, within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, against the property as a special assessment under M.S. Ch. 429.101 (amended 11/28/11), as amended from time to time, installments of which assessment shall in no event be payable over a period exceeding five (5) years from the date the same have been levied. On or before October 1 of each year, the city administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the Council as a special assessment against the property benefited by the abatement, and the assessment certified to the county as provided by law. Subd. 13. Request for Laboratory Testing. Any owner of real estate in the City who receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case may be, on his or her property harbor shade tree disease and must be removed within the time specified in the notice, may request the forester to obtain a laboratory test of one or more of the trees. The request must be made no later than the date on which the trees or diseased wood are to be removed from the premises, as specified in the written notice from the City to the owner as provided herein, by written notice from the owner to the forester sent by certified mail with return receipt requested. Upon receipt of the request, the forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confirm the original diagnosis that the shade trees are infected or the wood thereof diseased, or both whichever the case may be, the requesting owner shall pay all expenses and charges incurred for 6 198575v4 the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City shall bear all the costs and the forester shall remove the trees or wood from the list of diseased trees. If the test confirms the original diagnosis that the trees or wood or both as the case may be, are diseased, notice thereof shall be sent the owner by the forester, and the owner shall remove the diseased trees or wood or both as the case may be, within one week after receipt of the notice. Subd. 14. Spraying or Treatment of Shade Trees. A. Whenever the forester determines that any shade tree or shade tree wood within the City is infected with shade tree disease, he or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be effective to prevent as fully as possible the spread of shade tree disease thereto. The forester may also cause the diseased shade trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to control the possible spread of shade tree disease to neighboring, high value shade trees. Such procedure shall be carried out in accordance with current technical and expert opinions and plans of the State Department of Agriculture and under the supervision of the Department whenever possible. B. As determined necessary by the City Forester, the City may utilize chemical means of treatment. If chemical treatments are deemed necessary, the cost for this service shall be borne by the City. The costs of the mechanical means of treatment shall be borne by the owner or occupant of the premises, the shade trees upon which have been mechanically treated by the City. The owner or occupant of the premises shall be billed the costs of the mechanical treatment, and in the event of nonpayment of the bill within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, in the manner provided in Subd. 10. C. The forester shall notify, in the manner provided in Subd. 9, each owner or occupant of real estate within the City of the date after which shade trees on his or her property shall be mechanically treated, which date shall not be less than five (5) days from the date of mailing the notice. Subd 15. Transportation of Epidemic Diseased Wood. It is unlawful for any person to transport within the City any diseased wood that is determined to be hazardous, as described in Subd. 6. Subd 16. Public Tree Care. The City has the right to plant, prune, maintain, remove or perform any other arboricultural practices as necessary on all public property including the street right-of-way to ensure public safety and to preserve or enhance the symmetry and beauty of such public grounds. Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the City Forester, no person shall intentionally damage, cut, carve, transplant, remove any tree, attach any rope, wire, nails, advertising poster, or other contrivance to any tree, allow any gaseous liquid or solid substance which is harmful to come in contact with any tree, or set fire or 7 198575v4 permit any fire to burn when the heat could injure any portion of any tree, or top a tree by severely cutting back the tree canopy to a stub. Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any section of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof, shall be subject to a misdemeanor penalty as then by defined by Minnesota law. Additionally, the City may exercise any civil remedy available under Minnesota law for the enforcement of this code including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments. SECTION 2. Chapter 13 – Zoning Code, Section 1305 – Rules, Scope, Interpretation, & Definitions, Subsection 1305.4 – Definitions, is hereby amended by deleting strikethrough language and adding the underlined language as follows: Chapter 13 – Zoning Code Section 1305 – Rules, Scope, Interpretation, & Definitions 1305.04 Definitions. (revised 09/25/17)  Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow).  Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two- thirds (2/3) of that portion of the acre encompassed by wetlands, one-half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of public streets.  Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof.  Administrator. The zoning administrator.  Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm animals for general use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels.  Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another. 8 198575v4  Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting on a street.  Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or interest.  Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur.  Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild.  Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure.  Antenna, dish. A parabolic-shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. Class II: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or more in height.  Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which shall include a bath and kitchen accommodation, intended or designed for use as an independent residence by a single household.  Appeal. An application for the review of an order, requirement, decision, determination or interpretation of this Code made by an administrative officer in the application and/or enforcement of this Code.  Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (revised 05/05/10)  Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (added 02/22/10) 9 198575v4 Part or all of the feature is located in a shoreland area; The slope rises at least 25 feet above the ordinary high water level of the water body; The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and The slope must drain toward the waterbody.  Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (added 02/22/10)  Board. The board of appeals and adjustment established by this Code.  Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (added 7/14/10)  Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line thereof which may contain within its boundaries a sidewalk or portion of driveway.  Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. (added 10/29/12)  Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or storage of property, or is used for trade or manufacturing.  Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (revised 02/22/10)  Building, accessory structure or use. A subordinate building structure or use which is located on the same lot on which the principal building or use is situated and which is reasonable necessary, appropriate and incidental to the conduct of the primary use of such principal building or principal use.  Building envelope. (See Lot, Buildable portion of.)  Building height. The vertical distance from the average elevation of the grade along a face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the height of the tallest segment of the building. 10 198575v4  Building inspector. The inspector as provided for in the building code.  Building, principal. A building in which the principal use, of the lot on which it is located, is conducted.  Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following items: Size and height of buildings or structures. Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. All open spaces allocated to buildings or structures. Amount of lot area per dwelling unit.  Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne.  Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation.  Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, etc.  · Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added 4/28/08)  Cemetery/Memorial garden. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, funeral chapels and necessary sales and maintenance facilities. (added 7/14/10)  Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. (revised 3/18/09)  Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (revised 02/22/10)  Clinic. A building for out-patient medical treatment of humans or small animals.  Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. 11 198575v4  Clubs, sports and fitness. A place of assembly where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness.  Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2.  Commercial recreation, indoor. A commercial recreational use conducted within an enclosed building, including arcade, arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, pool or billiard hall, or a variety of organized or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis and volleyball. This definition does not include public uses on public property. (added 7/14/10)  Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution.  Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council.  Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses.  Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (added 12/3/08)  Council. The City Council, as established by the Code of Ordinances.  Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (added 7/14/10)  Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (added 4/28/08)  Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, 12 198575v4 rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (revised 7/14/10)  Day care, family. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. (added 7/14/10)  Day care, group family. Day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. (added 7/14/10)  Density. The number of dwelling units permitted by this Code on one (1) acre.  Density net. The number of dwelling units permitted by the Code on one (1) net acre of land.  Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the Planning Commission.  Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total number of dwelling units is not greater than the amount permitted under normal conditions.  Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old.  Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are more than three (3) months old.  Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs.  Drive-up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive a service or product without having to enter the building. (added 12/03/08)  Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers. 13 198575v4  Dwelling, live-work unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. A live-work unit is not synonymous with a home occupation because it is designed as a mixed-use facility, whereas the home occupation is secondary and accessory to the residential use. (added 7/14/10)  Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units.  Dwelling, single-family. A dwelling that consists of one (1) dwelling unit.  Dwelling, two-family. A dwelling that consists of two (2) dwelling units.  Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel trailers.  Dwelling unit, single-family attached. A dwelling unit which is located on its own individual lot but joined along a single lot line to one (1) or more other dwelling units with a party wall and having a separate point of entry.  Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate lot with the structure surrounded by open space and having a separate point of entry.  Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or portion thereof for specific purpose.  Enclosed Parking. A structure used for the storage of a vehicle which must be covered and completely enclosed by walls or doors on four sides. (added 10/4/12)  Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.  Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.  Family. An individual or two (2) or more persons, each related to the other by blood, marriage, adoption or foster care, or a group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household. (These regulations shall not be applied so as to prevent the City from making reasonable accommodation as required by the Federal Fair Housing Amendments Act of 1988). 14 198575v4  Financial institution. An establishment that provides financial and banking services to consumers or clients. Typical uses include banks, savings and loan associations, credit unions, investment companies, and automated teller machines (ATMs). Financial institution shall not include a consumer small loan operation. (added 7/14/10)  Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.  Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.  Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City.  Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood.  Flood-proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.  Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.  Floor area. The sum of the gross horizontal area of all floors of a building as measured in square feet from the exterior sides of the exterior walls, or from the centerline of party walls separating attached buildings, but not including covered porches that meet the requirements in Section 1325.03 Subd 2.D; decks; any space where the average floor-to-ceiling height is less than six feet; attached or detached garages; and other detached accessory structures.  Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor area by the amount of lot area.  Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street.  Garage, private. An accessory building or portion of the principle building which is intended and used for the storage of the private passenger vehicles of the family or families who reside upon the lot upon which the garage is located.  Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. 15 198575v4  Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one-ton rated capacity.  Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (added 7/14/10)  Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. These facilities can include, but are not limited to, classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and spiritual facilities; administrative offices; performance art centers; parking and transit structures; and child care facilities. (added 9/25/2017)  Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession.  Hospital. An institution licensed by the state department of health, providing primary health services and medical or surgical care, to sick or injured persons, primarily inpatients. May include related facilities such as laboratories, outpatient facilities, or training facilities. (added 7/14/10)  Hotel/motel. Any building, or group of buildings, having five (5) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping purposes by transient guests. (revised 7/14/10)  House of worship. A place of worship or religious assembly and its accessory facilities used by the congregation such as the following: rectory, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, or cemetery. A house of worship does not include buildings or uses used exclusively for residential, schools, recreational, commercial, or other uses not normally associated with worship. (revised 7/14/10)  Household. The person or persons occupying a single dwelling unit. A household may consist of a single family, one (1) person living alone, two (2) or more families living together or any group of related or un-related persons who share living arrangements.  Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of products and materials.  Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings.  Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: 16 198575v4 Naturally vegetated areas, Wetlands or ponding areas, Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and Outdoor recreation areas.  Landscaping. Plantings such as trees, grass, shrubs.  Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment.  Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, plat, record of survey map, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, or used together with any accessory buildings or uses and such open spaces as are required by this Code.  Lot area. The total site area within the lot lines.  Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback requirements of this Code have been met.  Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling.  Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included).  Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than one hundred thirty-five (135) degrees. A corner lot shall maintain front yard requirements for each street frontage.  Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures.  Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. 17 198575v4  Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.  Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line.  Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line.  Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be a side lot line.  Lot, interior. A lot other than a corner or reversed corner lot.  Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not.  Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non-conforming lots.  Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters.  Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code.  Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line.  Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (added 05/05/10)  Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this Code and Minnesota State Statutes as amended from time to time. The term "manufactured home" does not include the term "recreational vehicle." (revised 05/05/10) 18 198575v4  Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products; distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor's shops and storage yards. o Class I: Above uses without exterior storage. o Class II: Above uses with permitted exterior storage.  Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point.  Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with MN state statute 340A.301, subd. 6b. (added 10/29/12)  Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 10/29/12)  Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, and other nonmetallic minerals not regulated under Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not include grading and excavating as defined in this Chapter. (added 7/14/10)  Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a width of less than twenty (20) feet over more than twenty- five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure.  Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which mobile homes are sold for removal to another site.  Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, but not including a crematorium. (added 7/14/10)  Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time. 19 198575v4  Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards.  Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner.  Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. (revised 02/22/10)  Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its location on the lot where it exists.  Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located.  Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce.  Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term residence for disabled or elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. (added 7/14/10)  Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.  Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial activities, provide professional services, or carry on occupations and where goods are not stored, produced, sold at retail or repaired, including but not limited to the following: executive and administrative offices, business offices such as insurance, real estate, sales and similar offices, professional offices such as offices of engineers, 20 198575v4 surveyors, architects, accountants, attorneys and bookkeepers and similar offices, but excluding medical clinics. (revised 7/14/10)  Office showroom/warehouse. An office facility in which more than 50 percent of the total floor area is utilized for the display and sale of goods or merchandise on the premises, and/or for the storage and distribution of goods or merchandise from the premises. (added 7/14/10)  Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles.  Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and for the storing of same under the open sky prior to sale.  Open space. (See landscape lot area.)  Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape and as determined by the Minnesota Department of Natural Resources. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. (revised 02/22/10)  Outdoor display and sales. The display of goods for sale or rent outside an enclosed building. (added 3/28/16)  Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active and passive recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey County Parks and Recreation Department. (added 11/25/13)  Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in such area.  Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic.  Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (added 7/14/10) o Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. 21 198575v4 (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. (revised 7/14/10)  Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof.  Personal services. Services customarily rendered for compensation. Such services shall only involve minor storage and related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty services; photographic services; and other services of a similar nature.  Planned unit development (P.U.D.). The development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the city.  Planning commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council.  Protected waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations.  Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership of said lot, parcel of land, building or structure.  Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any body of water, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt. 22 198575v4  Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.  Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.  Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business.  Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, when used on residential property, but not including electronic towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment.  Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled. Including, but not limited to, motor homes and travel trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar vehicles. (revised 02/07/08)  Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (added 05/05/10)  Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the ground to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utility/mechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08)  Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as measured from end to end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08)  Regional flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood", 1 percent annual chance flood, or 100-year elevation. 23 198575v4  Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (added 05/05/10)  Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products.  Research and development facility. Establishments which conduct research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or establishments conducting educational or medical research or testing. May include limited accommodations for researchers or research subjects. Research with animals is considered a separate category. (added 7/14/10)  Residence hall, dormitory. A building designed for or used as group living quarters for students of a high school, college, university or seminary, organized and owned, or leased in its entirety, by a high school, college, university or seminary. (added 7/14/10)  Residential facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with a twenty-four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children.  Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables or counters located within the building on the premises.  Restaurant, fast food. Any restaurant which meets a number of the following requirements: o Customarily provides quick service to its customers; o Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; o Serves its customers from a counter located within the building on the premises and does not customarily offer service at the table by waiter or waitress; o Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their automobiles parked on the premises, or away from the premises as the customers choose; 24 198575v4 o Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags; o Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and/or beverages are provided; o Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day; o Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; o Generates a high volume and rapid flow of in-and-out traffic because of its quick service mode of operation.  Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales lots are not included in this definition of retail sales and service. (revised 2/29/16)  Roadway. The entirety of a private street and that portion of a public street extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used primarily for vehicular traffic.  Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the transportation and activities associated with the transportation of students.  Schools, general education. Nursery, primary, elementary and secondary schools.  Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. (revised 01/20/11)  Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one-bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, 25 198575v4 motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job.  Setback. The minimum horizontal distance between a structure and the ordinary high water level or between a structure and a road, well, highway, or property lines.  Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line.  Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback. (revised 02/22/10)  Shoreland. The land located within the following distances from protected waters: o One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and o Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater.  The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City.  Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic.  Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business.  Significant tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: (revised 04/28/08) o A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. o A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. o A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and which is at least fifteen (15) feet or more in height. 26 198575v4 o A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses.  Soil processing. The processing of sand, gravel or other materials mined from the land.  Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles to be used either on site or off site.  Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no such floor above, the space between such floor and the ceiling next above it.  Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.  Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: o Collector street. A street which carries traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. o Cul-de-sac. A street with a circular turn-a-round and only one outlet. o Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. o Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. o Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. 27 198575v4 o Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue delays.  Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.  Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code, and other similar items.  Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use of or principal structure on the lot on which it is located.  Structure, multiple-occupancy. (See Multiple occupancy building).  Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted.  Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, portable offices, and air-supported structures are examples of temporary or portable structures.  Studios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc. practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory use.  Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (added 05/05/10)  Substantial improvement. (added 05/05/10) Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: 28 198575v4 o Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. o Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1.  Thrift Store. A business for which the stock of goods is primarily used and may include the following operational characteristics: o Receipt of used items directly from the public at the business location. o Processing, conditioning, cleaning, or repair of used or returned items for resale. o Storage of used items on site for processing, resale, or disposal. o Receipt of goods through purchase, consignment, or donation. (added 2/29/16)  Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind-power generator.  Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent dwellings above or below it, and is attached to other similar dwellings by a common wall.  Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.  Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted.  Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained.  Use, principal multiple-operation. A business or industrial operation which consists of two or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally compatible with the permitted allowable uses in the district.  Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable 29 198575v4 procedures contained herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council.  Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed.  Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties.  Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services.  Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties.  Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed; such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers. (revised 02/07/08)  Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shall not change the character of the vehicle.  Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, except that modification in the allowable uses within a district shall not be allowed as a variance. (revised 05/05/10)  Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles.  Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses.  Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal storage facility. (revised 7/14/10) 30 198575v4  Watercraft. Motorized water-oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non-motorized craft with greater than a two person capacity. This definition excludes non-motorized one and two person crafts such as canoes, kayaks, and paddle boats. (revised 02/07/08)  Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property.  Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either created or natural, covered with shallow and sometimes temporary or intermittent waters as defined in the United States Fish and Wildlife Service Circulator No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet meadows, and shallow lakes and ponds with emergent vegetation. (revised 02/22/10)  Wetland alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious weeds, unless within a Drainage and Utility Easement in which case submission of and written approval by the City is required. (added 02/22/10)  Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of buffering the wetland from surrounding landscaping. (added 02/22/10)  Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present. (added 02/22/10)  Yard, front. A yard extending along the full length of the front lot line between the side lot lines.  Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code.  Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.  Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. 31 198575v4  Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard.  Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts. SECTION 3. Chapter 13 – Zoning Code, Section 1325 – General Regulations, Subsection 1325.08 – Filling and Excavation, is hereby amended by deleting strikethrough language and adding the underlined language as follows: Chapter 13 – Zoning Code Section 1325 – General Regulations 1325.08 Filling and Excavation. Subd. 1 Permit Required. An administrative permit shall be required for any filling or excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acre, whichever is greater. Operations of over the above-described amounts shall be considered land reclamation or mining, and shall require a conditional use permit in accordance with Chapter 8 of the Arden Hills Code of Ordinances. Subd. 2 Exceptions. The following operations are excepted from the preceding permit requirements: A. Excavation related to the construction of a building with a duly issued building permit; B. Filling, excavation, and grading associated with site improvements and site preparation for a duly approved subdivision or site plan; C. Excavation for construction of public streets and utilities; D. Filling, excavation, or movement of less than fifty (50) one hundred (100) cubic yards of earth for landscaping purposes on a lot already occupied by a residential structure; E. Minor agricultural or conversation conservation operations. Subd. 3 Type of Fill. Fill to be placed on sites must be gravel, sand, dirt, clay or other non-decomposable material similar to natural soils found in the upland area of Arden Hills. Building construction materials, concrete, bituminous, and soils containing hazardous or toxic waste, predominately organic materials, household wastes, mechanical debris, etc., shall not be permitted. 32 198575v4 Subd. 4 Performance Time. Filling and excavation operations for which a permit has been issued shall be completed within a period as specified in the permit, but in no event beyondof one hundred and twenty (120) days from the commencement of the operation, and within one year of the issuance of the permit, unless an extension is requested of and granted by the City Council. Subd. 5 Periodic Operations. Periodic filling or excavation of amounts less than four hundred (400) cubic yards per parcel or per acre shall be allowed under separate administrative permits until the composite total of such periodic operations exceeds four hundred (400) cubic yards. Further operations will then be subject to the requirements of Chapter 8 of the Arden Hills Code of Ordinances. Subd. 6 Submissions. The applicant for permit shall submit the following information: A. A legal description, plat, or survey of property to be altered. B. A statement of purpose for the filling or excavation. C. A plan identifying the areas of the site to be altered, the estimated quantity of material to be moved, the degree of grade adjustment, the proposed finished grade, the existing and proposed drainage pattern, and proposed erosion control measures. A complete grading plan may be required if considered necessary to the evaluation of the request. Subd. 7 Review Procedure. The permit application shall be reviewed by the City Engineer and other members of the administrative staff to determine the impact of the proposed operations upon drainage patterns, adjacent properties, wetlands, and bodies of water. The permit may be approved as submitted, approved with modifications, or rejected because of specifically stated adverse impacts. If denied, the applicant may appeal the administrative decision to the City Council within ten (10) days. SECTION 4. Chapter 15 – Erosion and Sediment Control is hereby amended by deleting strikethrough language and adding the underlined language as follows: Chapter 15 - Erosion and Sediment Control 1500.00 Purpose and Scope 1500.04 Purpose. The purpose of this regulation is to control or eliminate soil erosion and sedimentation within the City of Arden Hills. The regulation establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation and work to protect the City's natural resources for the health, safety, and welfare of the public. 33 198575v4 1500.02 Scope. Except as exempted by the definition of the term "land disturbance activity" in Section 1510.01, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision thereof proposing land disturbance activity within the City shall apply to the Public Works Director or appointed designee (herein called "PWD") for the approval of the Erosion and Sediment Control Plan. No land shall be disturbed until the Plan is approved by the PWD and conforms to the standards set forth in this article. Section 1510 – Definitions 1510.01 Definitions For the purposes of this ordinance, the following terms have the meanings given them in this section:  Best Management Practices (BMP). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.  Non-structural BMP: Practices that focus on preserving open space, protecting natural systems, and incorporating existing landscape features such as wetlands and stream corridors to manage storm water at its source. Other practices include clustering and concentrating development, minimizing disturbed areas, and reducing the size of impervious areas.  Structural BMP: a physical device that is typically designed and constructed to trap or filter pollutants from runoff, or reduce runoff velocities.  Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): o Part or all of the topographic feature is located in a shoreland area; o The slope rises at least twenty five (25) feet above the ordinary high water level of the waterbody; o The grade of the slope from the toe, or bottom, of the bluff to a point twenty five (25) feet or more above the ordinary high water level averages thirty percent (30%) or greater; and 34 198575v4 o The slope must drain toward the waterbody.  Certificate of Completion. The certificate issued after the final inspection of the site has been completed, temporary erosion control has been removed and the site has been fully restored.  Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.  Clearing and grubbing. The trimming, pruning, cutting and or removal of trees, shrubs, bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in the designated areas.  Erosion. Any process that wears away the surface of the land by the action of water, wind, ice, gravity and/or land disturbance activities. Erosion can be accelerated by the activities of man and nature.  Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in Section 1520. This Plan shall also include permanent measures and Best Management Practices to control post- construction surface runoff and sediment.  Erosion and sediment control practice specifications and erosion and sediment control practices. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the City.  Excavation. The mechanical removal of earth material.  Fill. The deposit of soil or other earth materials placed by artificial means.  General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one (1) or more acres of total land area.  Grading. Excavation or fill of material, including the resulting conditions thereof.  Land Disturbance Activity. Any land change greater than 2,5005,000 square feet or 50 cubic yards, or land change on a parcel of land located within a shoreland area or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clear- 35 198575v4 cutting, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: o Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work affecting less than 2,500 square feet; o Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 2,500 square feet of exposed soil and/or impervious surface and less than 50 cubic yards in a shoreland area; o Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbance can be anticipated; o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; o Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and o Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable.  Outfall. The point source where a storm sewer system discharges from a pipe, ditch, or other discrete conveyance to receiving waters, or to a storm sewer system owned and operated by another party.  Permittee. A person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision thereof engaged in a land disturbance activity who submits an application to the PWD for a permit pursuant to this ordinance.  Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.  Ramsey Conservation District. The Ramsey Soil and Water Conservation District.  Rice Creek Watershed District. An organization which oversees the activities in the Rice Creek watershed as defined by Minnesota Statutes, Sections 103B,and 103D.  Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface.  Sediment. Solid mineral or organic material that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice, and has been deposited at another location. 36 198575v4  Sedimentation. The process or action of depositing sediment, caused by erosion.  · Site. The entire area of land on which the land disturbance activity is proposed in the permit application.  Site Plan. A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of: structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping.  Shoreland. The land located within the following distances from protected waters: o One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; o Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater; and, o The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official map of the City.  Stabilization. The use of measures which protect soil from the erosion forces of wind, rain and flowing water.  Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more, that are not bluffs.  Surface Water or Waters. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private.  Utility. The owner/operator of any underground facility including an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, gas, oil, petroleum products, water (including stormwater), steam, sewage and other similar substances.  Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently. 37 198575v4  Watershed. A region draining to a specific river, river system, or body of water.  Wetlands. A lowland area such as a marsh, that is saturated with moisture, as defined in Sec. 404, Federal Water Pollution Control Act Amendments of 1987, or the Minnesota Wetland Conservation Act of 1991. Section 1520 – Erosion and Sediment Control Plans and Review 1520.01 Erosion and Sediment Control Plan. Subd. 1 Required. An Erosion and Sediment Control Plan must be submitted to the PWD for every project involving a land disturbance activity. No building permit, site plan approval, subdivision approval, or permit to allow land disturbing activities shall be issued and no earth disturbing activity shall commence until approval of the Erosion and Sediment Control Plan. Projects coordinated by Ramsey County or Mn/DOT do not require a permit; however, the PWD shall be notified of the project and be provided a copy of the Erosion and Sediment Control Plan, as well as an estimated schedule for commencement and completion. The PWD shall notify the designated contact if erosion control measures should fail or require maintenance with the expectation that the deficiencies will be corrected. If no permit has been obtained, a stop work order may be issued on the construction and a fine may be issued in an amount equal to twice the required permit fee. A completed Erosion and Sediment Control Plan and permit application shall be submitted before construction will be allowed to resume. Obtaining a permit does not exempt the Permittee from obtaining permits required by other governmental agencies. Subd. 2 Application Fee. The Permittee shall submit an application fee as specified on the City's Fee Schedule as adopted and revised annually by the City Council by ordinance. The fee is non-refundable and shall cover any review costs accrued within one (1) year of the date of payment. Subd. 3 Criteria. The Erosion and Sediment Control Plan shall minimize soil erosion or sediment from damaging adjacent land. A Permittee engaged in a Land Disturbance Activity shall submit an Erosion and Sediment Control Plan that will minimize soil erosion or sediment from damaging adjacent land, bodies of water, watercourses or wetlands to the PWD for approval. The Erosion and Sediment Control Plan shall address the following criteria: A. Conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion; B. Stabilize all exposed soils and soil stockpiles; 38 198575v4 C. Establish permanent vegetation; D. Prevent sediment damage to adjacent properties and other designated areas; E. Schedule of erosion and sediment control practices; F. Use of temporary sedimentation basins; G. Stabilization of steep slopes and bluffs; H. Control the storm water leaving a site; I. Stabilize all waterways and outlets; J. Protect storm sewers and outfalls from the entrance of sediment, debris and trash; K. Control waste, such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste that may adversely impact water quality; L. When working in or crossing water bodies, take precautions to contain sediment; M. Re-stabilize utility construction areas as soon as possible; N. Protect paved roads from sediment and mud brought in from access routes; O. Dispose of temporary erosion and sediment control measures; P. Maintain all temporary and permanent erosion and sediment control practices; and Q. Removal of sediment from streets at the end of each day Subd. 4 Plan Content. The Erosion and Sediment Control Plan content shall include the following unless waived by the PWD: A. Contact information for the Permittee; B. Address of site where the land disturbing activity is proposed; C. Signature(s) of the owner(s) of the site or an authorized representative; D. Project description including the nature and purpose of the land disturbing activity and the amount of grading involved; 39 198575v4 E. Phasing of construction and timeline; F. Existing and proposed site conditions, including topography, vegetation, and drainage; G. Adjacent areas, neighboring streams, lakes, wetlands, residential areas, roads, etc., which might be affected by the land disturbing activity; H. Soil data including soil names, mapping units, erodibility; I. Critical erosion areas, which are areas on the site that have potential for serious erosion problems; J. Erosion and sediment control measures to be used on the site, both during and after the construction process; K. Temporary and Permanent stabilization to show how the site will be stabilized during and after construction (is completed), including specifications; L. Storm water management to show how storm runoff will be managed, including methods to be used if the development will result in increased peak rates or volume of runoff; M. Maintenance and schedule of regular inspections and repair of erosion and sediment control structures; and, N. Any calculations that were made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. O. A land disturbance activity equal to or greater than one (1) acre is required to comply with the conditions of the NPDES/SDS Construction Stormwater General Permit, Part IV – Construction Activity Requirements. 1520.02 Review of Permit Application Subd. 1 General. The PWD shall review the Erosion and Sediment Control Plan to ensure compliance with the erosion and sediment control practice specifications and erosion and sediment control practices. Subd. 2 Permit Approval. If the PWD determines that the Erosion and Sediment Control Plan meets the requirements of this ordinance, the PWD shall issue a permit, valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the Erosion and Sediment Control Plan. 40 198575v4 Subd. 3 Permit Denial. If the PWD determines that the Erosion and Sediment Control Plan does not meet the requirements of this article, the PWD shall not issue a permit for the land disturbance activity. The Erosion and Sediment Control Plan must be resubmitted for approval before the land disturbance activity begins. No land use and building permits shall be issued until the Permittee has an approved Erosion and Sediment Control Plan. 1520.03 Escrow Requirement. After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Upon project completion, the remaining escrow shall be returned to the Permittee. 1520.04 Modifications of Plan. An approved Erosion and Sediment Control Plan may be modified upon submission of an application for modification to the PWD and subsequent approval by the PWD. In reviewing such application, the PWD may require additional reports and data. Section 1530 – Implementation and Maintenance 1530.01 Implementation and Maintenance of Plan. All storm water pollution controls noted on the approved Erosion and Sediment Control Plan shall be installed before commencing the land disturbing activity and shall not be removed without PWD approval or approval of a Certificate of Completion. Noncompliance with the Erosion and Sediment Control Plan shall constitute grounds for an order from the PWD to halt all construction. 1530.02 Implementation. The plan implementation shall incorporate the following: Subd. 1 Existing vegetation shall be retained whenever feasible. Subd. 2 Land shall be disturbed in increments of workable size such that adequate erosion and sediment control can be provided and maintained as construction progresses. The area exposed shall be stabilized in conformance with best management practices and with the maintenance requirements in the NPDES General Construction Permit. Soil stabilization measures should be selected to be appropriate for the time of year, site conditions, and estimated duration of use. Subd. 3 The location of areas not to be disturbed shall be identified with flags, stakes, signs, silt fence, etc. before construction begins. 41 198575v4 Subd. 4 Down-gradient sediment controls shall be in place before up-gradient land disturbing activity begins. Subd. 5 All storm drains, inlets and outfalls shall be protected until all sources of potential discharge are stabilized. Subd. 6 Temporary stockpiles shall have effective sediment control and cannot be placed in surface waters or storm water conveyance systems. Subd. 7 Vehicle tracking from the site shall be minimized with the use of stone pads, concrete or steel wash racks, or equivalent systems. Subd. 8 Street sweeping shall be used if BMPs are not adequate to prevent sediment from being tracked into the street. 1530.03 Responsibility. The Permittee shall be responsible for proper operation and maintenance of all stormwater pollution controls and soil stabilization measures in conformance with best management practices and with the maintenance requirements in the NPDES General Construction Permit. The Permittee is responsible for the operation and maintenance of temporary erosion at the site. The Permittee is responsible until another Permittee has assumed control over all areas of the site that have not been finally stabilized or the site has undergone final stabilization, and has received an approved Certificate of Completion. The Permittee is responsible for maintenance, clean-up and all damages caused by flooding of the site or surrounding area due to in-place erosion or sediment control. Section 1540 – Enforcement 1540.01 Erosion and Sediment Control Permit Enforcement. If the PWD determines that erosion and sedimentation control is not being implemented or maintained according to the approved Plan, the Permittee will be notified and provided with a list of corrective work to be performed. Notification may be given by personal delivery upon the Permittee, or an officer, partner, manager or designated representative of the Permittee, or by e- mail or facsimile by sending such notice to the e-mail address or facsimile number provided by the Permittee. Upon the receipt of a Non-Compliance Notice from the PWD, the Permittee shall undertake a corrective action. Subd. 1 Types of Corrective Actions. A. Violations Contained on the Construction Site. Permittee shall complete clean- up and restoration within forty-eight (48) hours of receipt of the Non-Compliance Notice. 42 198575v4 B. Violation Impacting Adjoining Property. Permittee shall develop and complete a clean-up and restoration plan within forty-eight (48) hours of receipt of a Non-Compliance Notice unless the affected adjoining property owner refuses Permittee access to the adjoining property. In all cases, clean-up and restoration shall be completed within seven (7) days of receipt of the Non-Compliance Notice, unless an extension is granted by the PWD. C. Violations Impacting Streets, Wetlands, or Water Bodies. Permittee shall develop and implement a clean-up and restoration plan immediately upon receipt of a Non- Compliance Notice. Subd. 2 Failure to Comply. If Permittee fails to implement the Plan or complete any required corrective action in a timely manner, the City may pursue one or more of the remedies specified herein. All costs incurred by the City shall be paid by Permittee. Escrow funds may be used by the City for this purpose and, if such funds do not adequately cover the City's cost, the Permittee shall reimburse the City for any deficiency before continuing work on the construction site. The City may: A. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B. Issue a stop work order, ceasing all land disturbance activity on the site until such time as corrective measures are completed to the satisfaction of the PWD. C. Revoke any permit issued by the City to the Permittee for the Site. D. Direct the correction of the deficiency by City forces or by a separate contract. E. Obtain a Compliance Order from the appropriate court. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this _____ day of ____________, 201__, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: 43 198575v4 _____________________________ Julie Hanson, City Clerk Published in the ____________________ on _______________, 2018. Chapter 13 – Zoning Code Section 1350 – Rules, Scope, Interpretation & Definitions 1305.04 Definitions • Land Disturbance Activity. Any land change greater than 2,500 square feet or 50 cubic yards, or land change on a parcel of land located within a shoreland area or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clear-cutting, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: o Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work; o Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 2,500 square feet of exposed soil and/or impervious surface and less than 50 cubic yards; o Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbance can be anticipated; o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; o Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and o Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable. Chapter 13 – Zoning Code Section 1325 – General Regulations Section 1325.055 – Tree Preservation Subd. 2 Tree Preservation Plan. It shall be unlawful for any person to engage directly or indirectly in a land disturbing activity, as defined in this ordinance, unless such person has applied for and obtained approval of a tree preservation plan. No preliminary plat, building permit, grading permit, or other City required permit shall be granted unless approval of a tree preservation plan has been obtained. Subd. 5 Tree Removal and Preservation. A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or killing trees when: 1. Fewer than ten (10) percent of the caliper inches of the significant trees on the property are cut, removed, or killed 2. There is an existing principal use on the property and no construction, grading, or development is to occur in the location of the removed tree(s) within two years thereafter. 3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees. B. Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council when there is a greater public good such as; 1. Allowing for LEED Certified architectural practices; 2. Providing affordable housing; 3. Allowing for a public road or trail; or 4. Providing for a public utility service. C. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines and building pads that minimize tree loss. Mitigation must be provided for any removal of significant trees. D. Diseased and Nuisance Trees. This ordinance shall not apply to diseased and nuisance trees. 1. Prior to removal, all diseased or nuisance trees must be clearly identified on the site, and the diseased or nuisance state must be certified by a certified tree inspector, forester or arborist. 1.2. Prior to grading, all diseased and nuisance trees on the subject property shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory. E. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by unnatural causes within two years before a development application will be regarded as if it were present at the time of construction or a development application. City of Arden Hills Special Community Development City Council Workshop Meeting for August 12, 2019 Page 1 of 2 AGENDA ITEM – 1E MEMORANDUM DATE: August 12, 2019 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner SUBECT: Code Enforcement Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may consider providing further direction on revision to the City’s ordinances relating to code enforcement. Background A general question was raised if the City’s ordinance relating to code enforcement needs to be clearer for enforcement, or if it is sufficient. Community Development staff and the City’s prosecuting attorney (Kelly and Lemmons) discussed the City’s ordinance and how effective it is with regards to code enforcement. Staff and the attorney also discussed a specific complaint regarding cars and recreational vehicle (RV) parked on a property, as well as a non-conforming fence. Staff and the attorney agreed the current ordinance is sufficient for general code enforcement, and does not need further clarification at this time. However, every code enforcement case has its own unique set situations and complexities. Generally, if a violation of the code is found to exist, a letter will be sent which outlines the steps that need to be taken to correct the violation. In many instances, residents are simply unaware of the Code and correct the situation immediately. In the event the correction is not made in a reasonable amount of time, staff has numerous means to resolve the matter. City of Arden Hills Special Community Development City Council Workshop Meeting for August 12, 2019 Page 2 of 2 Below are common code enforcement issues that our inspectors encounter with regards to vehicle and RV parking on residential lots. Code Section: 800.03 - Parking Regulations • Prohibited Parking Areas. In all residential districts, parking shall be prohibited on any area of private property except on designated driveways or parking lots. • Parking in Driveways. In all residential districts, there shall be no more than four vehicles parked on a driveway. Code Section: 1325.12 – Recreational Vehicle, Utility Trailer, Riding Lawn Mower, and Watercraft Outdoor Storage: • No more than three (3) RVs, utility trailers, riding lawn mowers, or watercraft are permitted. Not more than one (1) of the three (3) may be a motor home, travel trailer, camper, or other similar type of RV. RVs and watercraft on a trailer shall be considered as one. • The rear yard is fully enclosed by a six-foot privacy fence or is substantially screened from adjacent properties as determined by the Zoning Administrator; which may include fencing, vegetation, or both. • RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored within the principal structure side yard setback as required in the underlying zone, and shall be at least ten (10) feet from the rear property line. If both side and rear yards are available for storage, then the location with the least visibility from streets and neighboring property, as determined by the Zoning Administrator, shall be used for such storage. • It shall not be stored forward of the principal structure, except as otherwise provided for in this section. • Short-Term Parking without Permit. Licensed and operable RVs, utility trailers, riding lawn mowers, and watercraft of any length or height may be parked in driveways for the sole expressed purpose of loading, unloading, and cleaning for a period not to exceed seventy-two (72) hours, provided that they are not within five (5) feet of the curb or, if there is no curb, the edge of the road driving surface, and do not encroach upon a pedestrian walkway. Budget Impact None