HomeMy WebLinkAbout2023 10-10 PC PACKETCITY OF GEM. LAKE
Heritage:.1-Tall
4200 Otter Lake Road j Gein Lake, MN 55110
65.1-747-279.0/92 1651-747-2795 (fax.) - = 1
E-mail .L itti�r),ee in l a kemii:org
Planning Commission:Meeting --October 16, 2023
Call .to Order of. Planning Commission Meeting
By Chair Joshua Patrick at 7: p.M.
Call of Roll
Patrick Farrell Cummings Pratt Wippich
Approve and Accept: Agenda and .Minutes
• Accept the Agenda. for the October 10, 2023 Planning Coinmission.Meetin-
Approve the Minutes from August 9, 2023 Planning Commission Meeting
Public Hearings.
■ Interim Use Permit First Year Review for Goats .at 3.944 Scheuneman Road
Old Business
None
Ne►v:.Business
• Barnett Kia Dealership Concept Plan
• MS4 Compliance lterns.
a Ordinance No. .1.31. --Redlines to Section 22 and 29
o Ordinance No. 131 Appendix.A—❑efinitions
o Ordinance No.. 140 -; Minor Edits to Animal Waste Section
• Ordinance No. 45 Garbage and Refuse Discussion
Open Items for Commission Menibers to Bring Up
Fu to re Meetings
■ Next.City Council .Meeting, Tuesday, October 17, 2023
■. Next Planning: Cornmission.Meeting, Tuesday, November 14, 2023
o Attendance Inquiry
Adjournment —The meeting adjourned at
CITY OF GEM LAKE
Heritage: Hall
4200 Otter Lake Road j Gem Lake; NIN 55110
651-747-2790/92 1 651-747-2795 (Tax) _
E-mail city_Ogemlakemn.org
Gem Lake .Planning Commission Meeting
October 10, 2023
Sign in Sheet
Name Name
Piease.priiit clear]y Please prim[ clearly
~�SLA LIJ
Steve j ovmshn
City of Gem Lake
Planning Commission Meeting.— August 9, 2023
Meeting Minutes:
Planning Commission Chair Joshua Patrick called the ineeting to order at 7:01 p.m. Commission
Members Art Pratt, Derek Wippich and Stephanie Farrell were present. Not present was Doti Cummings.
Also present: City Planner Evan Manson and Acting City Clerk Melissa Lawrence.
August .9, 2023
A motion was made by: Com m issioner Pratt. to accept the agenda, seconded .by Corn inissioner Wippich:
Voice vote taken, all Votedyes, motion passes, agenda, accepted.
Minutes
A. motion was made by Commissioner Pratt. to approve the July. l 1., 2023,.Plann1ng Commission Meeting
minutes., seconded by C[nnlnlssipner Farrell. Voice: vote taken, all voted yt s,.mption passes; in inLltes. are:
approved.
Public Hearings
Noise
Old .Business
Final Review of the Revised Nuisance Ordinance No. 86
The Commission has goneover the Nuisance Ordinance inch by inch arid. feels that more thought
has gone into this revision than has in the last 60 years. Iinprovements have been made regarding
tile. regulation of the .ordinance :and sections were removed and tLimed. iilta. stand-alone
ordinances.
Commission Member Wippich introduced a motion to recommend approval to the. City Council,
seconded by Commission Member Pratt. Voice Vote taken, all voted.yes, motion carried.
Final Review of New Clandestine Drug Lab Ordinance No. 143
This Ordinance was createdby removing it from the old Nuisance Ordinance. No changes. were
tnade to the. Ianguage.
Cominission.Meinber Wippich introduced a inotion to recommend approval to the City Counci1,
seconded by Commission Member Pratt: Voice vote taken, all voted yes, motion carried.
)Final review of New Traffic and Vehicles Ordinance No. 144
This: Ordinance was.created by removing it from the..old Nuisance Ordinance. Some additional.
language was added regarding golf carts and:enforcement.
Commission Member Wippich introduced a motion to recommend approval to the City Council,
seconded by Cdrti nission Member Farrell. Voice vote taken, alI voters. yes, motion carried.
New Business
$host Tenn .Rental Discussion
The Commission: ciisc.ussed:aspects of short term rentals in the City: The Cominission.does not
see the .City of Gem Lake to .be in high demand for short terin rentalsand would Iike.to table
diSCLI55iOt1 on this topic until the City is contacted regarding short terin rentals.
Ciiy ❑1 Gent Lao Planning Corn nimioii Meeting Niinuftes August 0..2023
Commission Member Wippich introduced:a motion to table the discussion omshort term. rentals
anti I. areal inquiry:coinesJo the. City; seconded by Commission Member Pratt. Voice vote taken,
all voted yes; .motion carried.
Open Items for Commissions Members to Bring Up
None
Future Meetings
City dottneil. Meeting; Tttesciay, Atigust.15, 2023 at. Heritage Half,. and Fianni��g C:ommissian Meeting,
Tuesday, October 10; 2023 at Heritage !-lal.l.
Attendance Inquiry
Commissioner Chair Patrick surveyed the Commission to see if any of the members would have
any issues., attend ng.the.October 10, 2023 meeting. At this: time those .in.attendance have no
..Scheduling ,conflicts.
Adiournnient
Being there no further business; following:a motion.frorn Commissioner Pratt, seconded by
Coirimissioner 1=arreIl, the meeting adjourned at 7,45 p.in:
l2es f�ectfully. stibi�aitcc�d Melissa. Lawrence
I
City of 66n Lake.PiannIng Commission Mceting Minutes•AUpst 9., 202.1 2 11,
Memorandum
To: Gem Lake Planning
Commission
Copies To: Ted & Nikki Pax; Applicants
Melissa Lawrence,
Administrative Assistant
Reference: Pax Farm Animal IUP
Project No.: 20459.000
From: Evan Monson, Planner Routing:
Date: October 3, 2023
SUBJECT: Interim Use Permit application for Farm Animals (goats) on a site zoned Low
Density Residential
MEETING DATE: October 10, 2022
LOCATION: 3944 Scheuneman Rd;. PID,2730221'30001
APPLICANTIOWNER: Ted and Nikki Pax
ZONING: Low Density Residential (RO)
REVIEW.PERIOD: 60-day review period ends November 22, 2023
ITEMS REVIEWED: Application and plans: received by City on September 22, 2023
DESCRIPTION OF THE REQUEST
The applicants proposed having goats on their property last year, and to use an ex.isting:taarn located on
their property. The City reviewed their request and approved of two goats on the property through an
interim use permit (IUP) : Said I U P would run for one year and would have to be renewed. The ohe-year
period was: chosen to allow the City .to see if issues would arise with the proposed use, as farm animals
are not a. common occurrence in the city nowadays. The. Planning Commission reviewed and
recommended approval at the September 2022 Planning Commission. meeting, and the.Ctfy Council.
approved the request per the commission's recommendation at their September 20,. 2022, meeting,
The .applicant has submitted an application to renew .their IUP for two goats on .their property, with an
added request to allow two additional goats on the property for a "total of four:goats.
The city's Consolidated. Land Use..Ordinance permits. both housing of. farm animals and agricultural
structures for housing. of farm animals through either a Conditional Use Permit. (CUP), or. Interim.0se
Permit (IUP). Conditions of approval can be added to both types of permits; an [UP can also :have an end
date for the use, in which the applicant would have to reapply to continue the interim use.
Both IUPs and.C.UPs require review by the.Pianning Commission, and final approval or denial by the City
Council.
TKDA9 1444 Cedar Street Suite 1500 1 Saint: Paul; MN 55.101
651.292:4400 • tkda.com
An employee -owned company promoting affirmative action and equal opportunity,
Paz IUP Staff Report October 10, 2023
Gem Lake Planning Commission Page 2
PROPERTY INFORMATION
Description: 3944 Scheuneman Rd is located north of.Highway 61, on. the east side of the city_ The lot.is
rectangular in shape, and is 1.85 acres in size,. per County records. The property includes an existing
house, and a. barn previously used for housing horses. The site is fairly flat, with.the lot gradually sloping
west.towards the street. The east side of the property is bounded by. the railroad tracks., and the city's
border with'White Bear Lake.
Land Use: Single-Fa.mily:Residential
Flgur'e 1:.Aenal Quite trorn 20?Z, :trom Hamsey [:aunty UIS
PROJECT INFORMATION
The applicant is proposing to tontine using an existing. Darn on the site to house. two.goats, and would like
to house two additional goats as well, A fenced in:a.rea for the.goats of 82 feet by 103 feet ($,446 SF) was
installed east. of the barn. The existing barn is approximately 430 SF in size, and was previously used
under previous owners for hopsing:farnj animals (horses) as well, The applicant also has some chickens
on the property, thickens and fowl are regulated by Ordinance #141.
Consolidated Land Use Ordinance Requirements
The Consolidated Land Use ordinance outlines what uses are permitted in each zoning district.. Section
7.3.1 notes that a .CUP or UP can be issued for "the harboring and housing of agriculturalanimals on lots
I
Pax IUP Staff Report
Gem Lake Planning Commission Page 3
October .10, 2023
greater than one (1-0.y acre". The applicant's property is over the.one:acre in size, so this regpirement. is
met:
Section 7.3.3.notes that agricultural structures are able to be permitted to house farm animals, such as
goats. The site already has an existing.barn that was previously used for housing farm animals. The barn
does not conform to the agricultural building setback of 100 feet. from property fines or neighboring
dwellings, as required in 7.3.3(13), so it is nonconforming,. While the structure can continue as :a
nonconforming agricultural structure., it would: not be able to expand in size. The..1UP last year Permitted
the barn can be used to house goats but .ca.u.Id not be enlarged due to its nonconforming status..
Section 7.13 also notes additional requirements for agricultural structures:
■ The structure shall be partially screened from. the views from neighboring houses,. with said
screening to be existing or planted and maintained vegetation or the natural topography of the lot
and surrounding lands.and.with the amount: of.screening to be measured at full growth in the
summer.season;
• The drainage characteristics of the land shall. be such that.the concentration of animals :and
animal waste shall not cause.reaI or potential pollution. or nuisance problems;
■ The design and construction materials of the of the structure shall be consistent with the main
dwelling on the property;
■ Such.other factors as: may. be deemed material by the City:
Fencing requirements are outlined in Section 16.13 of the ordinance. These standards include a number
of general provisions, such as fencing not extending into right-of-way or easements, within property lines,
and other requirements typical of cities throughout the metropolitan area. Section 7.5.2(A) notes
additional requirements for fences in the `RO'.zon.ing.district:
• Fences may only be placed directly on the property line: with the written permission. of the
adjacent property owner and when maintenance free materials are used; and
• All other fences may only be installed with adequate set back from adjacent property lines to
provide for owner maintenance; and
All fences installed within the set -back area must. provide for a finished facade facing adjacent
property.
The reyiew last. year determined that fencing on the site be located a. minimum of five feet from the south
property line; unless. approval was received from the neighbor to allow the fence on the property line.
extension of the fenced. in area may be a 4opic of discussion for the commissioners.
Additional .Goats
The.comrnission:should also discuss if more. than two goats should be permitted, There have been no
complaints received at the time of.writing this report.. The fenced in area .is approximately840Q SF, or
0.19 acres.
Pax IUP Staff Report October 10, 2M
Gem Lake Planning CommissionPage 4
Typically, rural communities in Minnesota seta value for a type of livestock (called animal units) that.is
based on the size, manure generation, and how much foraging the livestock needs.. Larger livestock such
as cows. are typically listed at one animal unit. Goats are typically 0.1 or 0.15 animal units, though. some
communities such as.i=ast Bethel list: goats at 0.5.animai units. Communities then require a certain
amount of pasture per animal unit, typically the requirement. ranges from two acres per animal unit to .one
acre.per animal unit.
The City adopted an anirnal ordinance (#1.42) in .October 2022 (after the issuance of the. IUP to the. Pax .
family) that sets a one. animal per 0.5 acre of pasture requirement. This would mean that the Pax's would
have -to. increase their fenced -in pasture area. up to one. acre to. keep tw.o.goats. Three goats would
require 1.5 acres, while four. goats. would require two acres (which would exceed: the.size. of their
property). With the. parcel at 1.85 acres in size, dedicating 1.5 acres -to pasture: would take up nearly 81%
of the property, and could significantly stand out from neighboring single family residential uses.
Conditional/Interim Use Permit Criteria
When reviewing a Conditional or Interim Use request, impact on.the following criteria. shalt be reviewed by
the city, :as noted in Section 17,5.2(A);
I)Adjacent Uses
2) Air and Water Quality
3) Traffic Generations
4) Public Safety and:Health
5.) Area Aesthetics
6) Economic impact on the Entire Area
7).Consistency.with the Comprehensive Municipal Plan
8) Anticipated Duration of the Conditional or Interim Use
Section. 1 7.5.9(B) of the further notes that the following standards apply to new C.UPs and IUPs,.
1}.Compliance with all zoning and other regulations. as may otherwise be applicable;
2) The date.:or the event that will terminate the .use. can beidentified with certainty.;
3) The existence of the Conditional or Interim Use will not impose additional costs on the public if it
becomes necessary for the public. to take the property in .the future;
4) The.user agrees to any conditions of,approval associated with the approval of the Conditional. or
Interim Use Permit by the City Council,
Section 1.7.5.9(C) finally notes that new and existing CUPS. and IUPs should adhere to the following:
1) Shall maintain harmony and compatibility with surrounding uses and with the architectural character
and design standards of existing .uses and development;
2) Shall. meet :or exceed al.I Perform ance:.Sta.ndards contain elsewhere in: this Ordinance;
3} Shall not generate such additional traffic associated with the use that would. overburden or exceed. the
capabilities of streets and other public services and facilities including, but not limited to, parks, schools,
and utilities serving the area.
If the criteria are not met, or there is fin dings 'to show that they would not be met, the Planning
Commission could add conditions of approval onto the permit. to ensure the criteria are met, or could site
.the lack of criteria being met as :findings to deny the request.
1
Pax itJP Staff Report October 10, 20.23
Gent Lake Planning Commission Page 5
EVALUATION OF REQUEST
Below is the .Pianner's.findings in regards to the criteria.for #his Conditional Use request,. with.. the criteria
in italics, The Planning Commission should discuss whether the findings are m.et.for approval; or if there
are.. criteria that are not met.
17.5.2(A)
1) Adjacent Uses
The proposed use would be to house goats in an existing. barn; and then have a fenced in area.
for the goata to roam and: graze in. Farm animals are not.a comman. presence in the city, though
this:.site was previously used for horses.
2) Air and Water Quality
The applicant has noted a.desire to use manure for fertilizer, and would clean the fenced in area
daily or every:other day. The.city can require.a detailed plan be submitted by the applicant to
address:ma.nure created by the goats in order to prevent the creation of a: nuisance for neighbors.
3) Traffic Generations
The proposed use would not impact traffic.
4) Public:5afety and Health
The proposed project:should not have impacts on the. safety or health of the public,
5) Area Aesthetics.
The proposed use of havingfarm animals on a.residential lot is not a common occurrence in the.
city, so. it would stand.out.in comparison to other neighcoring propertfes. The site was previously
used to house horses, with the barn still remaining on site.
Since the issuance of the first I U P last year, there have been no complaints regarding the two.
goats on the.site . Code Enforcement did note that a.storage contaiher is located on the northeast:
corner of the property; such .containers. can only :be on the. property for up to 30 days without
violating the city's nuisance ordinance (486),
The Council adopted ord inance. 142 last October, which sets a 0.5:acre of pasture per animal.
requirement; the applicant would therefore. need to fence off .one . acre of their property to meet:
this.requirement. The request to allow additional goats would require more pasture. 1,5 acres of
pasture would be: needed for three goats, 1.5 acres would be 81 °Io of their property.. At 81 % of the
property,. it would be difficult -to maintain the residential character:of the. RG zoning district.
6) Economic Impact on the Enhre Area.
NIA, the proposed use does not have an economic impact on the area.
7) Consistency with. the Comprehensive. Municipal Plan
Farm animals. and their contain ment.are not. mentioned in the.2040 Comprehensive.Plan.
Provided that zoning requirements and. other municipal ordinances are met, allowing two goats
would be consistent with the Comprehensive Plan,
The Council addpted: ordinance 142.last October, which sets.a 0.5 acre of pasture per animal
requirement;. the applicant would therefore need.to fence off.one acre of their property tomeet
this requirement. The request to allow additional -goats would require more pasture. Given. their
Pax ItJ.P.Staff Report October 10, 2023
Gem Lake Planning Commission Page 6
property is only 1,85.acres in size it would be. difficult to provide 1.5 acres of pasture for three
goats while also maintaining front yard and driveway space. Four.gcats would be unable to be
permitted, as that.would require more pasture. land than they have property..
8) Anticipated Duration of the Conditionator Interim Use
For an interim. use, an :end date could. beset by the city. The last IU P .was approved for one: year.
17:5;9(B)
1) Compliance with all zoning and.other regulations as may otherwise be. applicable
Farm animals are able to be permitted on parcels over an acre in size per the Consolidated Land
Use. Ordinance, and would be required to comply with all other applicable local, State, or Federal
regulations. The barn is nonconforming to toda.y's agricultural setback requirements, so it is
unable to be expanded, If approved, conditions of approval regarding screening, fence standards,
and prevention:of nuisances are appropriate.
2) The date or the event that will terminate the use can be identified with certainty;.
For .an interim use, an end date can be set.. The.previous I U P ran for one calendar year;
3] The existence.of the Conditional or Interim Use will not..impose additional costs on the public if it
becomes necessary forth public to take the prop erty.in. the future;
.In the;event of the public. taking the property in the future; the presence of the proposed use
should not impose additional costs onto the public.
4) The user agrees to any conditions of approval associated with the approval of the. Conditional or
interim Use Permit by the City Council.
Any conditions proposed should .be approved by the applicant.
9 7. 5:9(C)
1 j Shall maintain harmony and compatibility with surrounding uses and with the architectural
character and design standards of existing -uses and development;
The barn is an existing. structure, so it is consistent with the surroundings.
2) Shall meet orexceed all Performance: Standards contain elsewherein this Ordinance;
Apart from the existing nonconforming barn, the proposed useAs meeting applicable zoning
requirements.
2} Shall not generate such. additional traffic associated with the use that would overburden or
.exceed the. capabilities of streets and other public.services and facilities including, but not limited
to; parks, schools, and utilities serving the area.
The barn would not be generating traffic to a level that wouldimpact: streets or other public
services and. utilities.
ACTION
The Planning Commission has the following options for this request:
1. Recommend the CounciI.:approve the request, With Or without conditions
2: Recommend the Council deny the request, with findings for denial
3. Table for further review/study
I
Pax 1UP Staff Report October I9., 2423
Gem Lake Planning Commission Page 7
RECOMMENDATION
The Planning Commission should review the criteria, and determine if there .are findings to support.
approval or denial of the request.
If the Planning Commission finds the request meets the criteria for an IUP, the Planner wouldrecommend
approval of an Interim Use Permit request to utilize the existing barn on the site to house two goats, at
3944 Scheuneman Rd. If recommending approval, the foliowirig conditions for approval would be
recommended;
1. The applicant is permitted to utilize. the existing barn .on -site to house up to two goats.
2. A minimum of one acre. of fenced=in pasture is needed for two goats,
3. Proposed fencing shall be placed at minimum five feet from property lines to the south, unless
written consent and approval is received from the neighboring property owner to place:.the fence
on the property ling.
4. The IUP shall expire in one calendar year from the date of approval,. so n.to allow the city to
review and ensure the use is in compliance with conditions of this.approval, and other city
ordinances have been met.
5. Additional goats or livestock on the site small require an arriendmenttto the [UP.
E. Theapplicant is. required to adhere to all .applicable local, State, or Federal regulations.
i. The applicant is required to acquire any other applicable local, State; or Federat permits for this
request.
1
City of Gem Lake
Heritage Hall
4200 fitter Lake Road I Gerrt Lake, MN 5511:0
651-747-z7 M2 1651447-2795 (fax)
E7mail .ITV%i+y�LiYi .Ii:wl]?Cl.�1C
Agricultural Animal Keeping License
Interim Use Permit
January.1— December 31
LICENSE APPLICATION CHECKLIST:
To prevent: delay, please ensure thEjollowing inforn atiun'is. subinitted.
Agricultural Animal Keeping License:
Application Fee
1 st and 2nd:year $100.00 for:up to 2. agricultural animals; 3rd year and on renewal fee is S50.00.
Island 2nd year.$'166MO fnr up to 5 agdcuitural animals:3rd year and on .renewal fee is 575,00
Letter of.ApproM from Property Owner (if applicant is not the own er.0f tbe.propertyon which.agricultural animals arebeing kept)
❑ :Site Plan detailing the following jnformation:
Location ❑f Properry Lines
I•lorase, garage.(wliere applicwr)
Size and Spmi ficatinns of animal shelter
Setback proposed from the shelter to The property.]ines
.New M ist year Renewal 2nd.year Renewal. and On
A,p0icant Information
Name:: Nikki & Ted Pax
Address: 3944 5cheuneman Road
Gil,. Gem Lake
Email: Nichcl.e.Paxl3@yahoo.cam
Prop edy Owner Information (if different than applicant}
Name:
Email:
Animal Tniormation
P.hone:Number. 651-272, -8584
state: MN
Phone.Nurnber:
zip: 55110
Number ecies of u andsF p icu.IturaI an p on roPnY� . housed or kept e Currently have 2 ghats and would like to add 2 more goats..
Purpose of keeping agricultural animals on.property:
Landscaping and for pets.
Would use an organic fte powder in the barn area and around the fegced'area
Describe thesteps.yon intend. to take to prevent ❑.dors,.rgdents, flies; and other pests:
wpp a gang wp:nh+.h...Me�:nbsaw VrMM.wpnw.efw�'rw:ano mtano-.w.m+.�va.wrydo.nupiti�eraawgr.an.waaw nwnw�eiF w. »aie.cL.n me p.n w�uy
Applicant Signature:
Office Use only
Approwd by:
Date:. 912 2l23
Rmeipt No. Permit No:,
Date:
r:..• rr, i:r.a A.Ya. T.. n..,l .A—: I v-- :- i.: D_e;r S'.;FT
Owning Qoats as g324AaQLua.Qmaa Road, Gem ake. MN
ets for
I would like to say than k you.for taking the time to. look at our application and all the
information we have.provided for us to get 2 goats as pets `at our property. We are
looking to get 2 little goats as pets (and for landscaping in the field) and would keep
them on our field. we have behind the house. I know that this property previously had
2-3 horses at a time on the field and they kept them in the bam. at night. We. would have
the fenced area going up to the barn door so bad weather, nighttime and winter time
they could be brought in there for their safety.
I have attached. a map of the property and the space they would be in, with all
measurements.
The. goats will be. registered with the state of MN through the National Scrapie
Eradication Program, which is required in Minnesota for anyone owning a goat..
The fenced in area would have 4 foot fencing (Sol dock Pro High Tensile Fixed Knot
Fence, 12.5 ga.) which is held in with metal Two go about a foot to two feet in
the ground.) in the.fenced. ih area. they would have:a goat house for some shelter if they
want during the day and to climb on. To get into the fenced area besides through the
barn the farm gate would be held in with 2 Superior Cedar Round Cedar Fence Posts.
When.talking about having goats as pets it's like comparing them to owning a few larger
type dogs (even though these goats would more likely be smaller than a large.dgg,
more the:size of a medium. dog maybe). They produce similar amounts of waste, are as
vocal as dogs and are fenced in like dogs in residential areas: Being as vocal as dogs:
they are. quieter than dogs because they would not be barking at cars, people and
noises they hear, like the dogs we hear in the neighborhood now.
Spacing for goats:
Info obtained from Jim Ostlie- Livestock. Development & Planning
Specialist/FarrrmUnk Coordinator, Minnesota Department.of Agriculture:
Many local governments use animal units to determine animal capacity.on
acreages or in housed locations. The state defines animal units (for regulatory
purposes and permitting on environmental issues) as the average weight of the
animal divided by 1,000lbs. Statute specifically designates an animal unit
equivalent to certain species, so in your circumstance,.one adult goat is .1 animal
units: More rural local. governments would then incorporate that into their zoning
ordinance. For example, a maximum of 3. animal units on a 5. acre parcel, which
means 30 goats on .5 acres. Gem Lake does not use animal unit definitions, so
one animal is one horse,. one goat, one sheep, one cow, etc.
Animal Unit - A unit of measure used to compare differences in the production of
animal manures that employs as a standard the amount of manure produced on
a regular basis by a 1,000 pound slaughter steer or heifer.
Info obtained from, s!' ... ... '' .... _.........
Subp. 5. Animal. unit. "Animal unit" means a unit of measure used to compare
differences. in the production of anirnW manure that employs as a standard the
amount of manure produced on a regular basis by a slaughter steer or heifer for
an animal feedlot or a manure storage area, calculated by multiplying the number
Of animals of each type in items A to 1 by the respective multiplication. factor and
summing the resulting values for the total.. number of animal units. For purposes
of this chapter, the following. multiplication factors shall apply:
A, dairy cattle:
(1 ) one mature cow (whether milked or dry):
(a) over 1,000 pounds, 1.4 animal unit; or
(b) under 1,000 pounds; 1.0 animal unit;
(2) one heifer, 0.7 animal unit; and
(3) one calf, 0.2 animal unit;.
B. beef cattle:
(1) one slaughter steer or stock cow, 1.0 animal unit;
(2) one feeder cattle (stocker or backgrounding) or heifer, 0.7 animal unit;
(3) .one cow and calf pair,.1.2 animal unit; and.
(4).one calf, 0.2 animal unit;
C. one. head of swine:
(1) over 300 pounds, 0.4 animal unit;.
(2) between 55 pounds.and 300 pounds, 0.3 animal unit;. and
(3) under 55 pounds, 0.05 animal unit;
D. one horse, 1.0 animal unit;
E. one sheep or lamb, 0.1 animal unit;
F. chickens:
(1 } one laying hen or broiler, if the facility has a liquid manure system, 0.033
an unit; or
(2) one chicken if the facility has a dry rnanure system:
(a) over five pounds, 0.005 animal unit; or
(b) under five pounds, 0,D03 animal unit;
§G. one turkey:
§(1.) over five pounds, 0.018 animal unit; or
(2) under five pounds, 0.005 animal unit;
H. one duck, 0.01 animal unit; and.
1. for animals not listed in items A to H; the number of animal units is the average
weight of the animal in pounds divided by 1,000 pounds.
Each goat.. requires an area,about 30 to 50 square feet for grazing.
In addition to a sleeping area, goats also need.a shaded area for sunny days,
rainy days, or for use during the winter. This area should be about 20 square feet
per goat.
r
is 1" sS
Goats require about a 10- to 15-square-foot area per goat if they spend only a
small portion.o€ their time indoors.
7;.
4� 1
Keeping the cage clean and:sme.Ils gone:
- Would use an organic lWe. powder in the barn area.. and around the fenced area.
to help keep pests away and help with the smell..
- Would use pixie shavings in the barn area to also minimize the .smell and for easy
clean. up (Pine shavings are a natural air freshener)
We would clean the pen weekly
Use stall freshener under the bedding to also keep the smells away.. Which would
be put down once a week when the pen is cleaned out.
Poop in the field would be cleaned. up daily or every other day just like you would
with a dog.
One of the most common uses for goat manure is as a fertilizer. Goat manure fertilizer
can help gardeners produce healthier plants and crop yields. "Goats not only produce
neater pelletized droppings, but their manure doesn't typically attract insects or burn
plants as does manure from cows or horses. Goat manure is virtually odorless and is
beneficial for the soil. This manure contains adequate amounts of the nutrients that
plants need for optimal growth, especially when the. goats have bed in stalls. As urine
collects" in,goat droppings, the manure retains more nitrogen, thus increasing its
fertilizing potency.
Read more at Gardening Know How: Uses For Goat Manure —.Using Goat Manure For
Fertilizer
h tt ps:llwww. g a rd e n i ng knowh ow. co mlco m po st i n g /manureslgo at-manure-fe rt i l ii ze r. htm
I
Memorandum
To: Gem Lake Planning Reference: Barnett Kia Dealership Concept Plan
Commission
.Copies To: Barnett Companies, Applicant
Melissa Lawrence,
Administrative Assistant
Project No.:... 20459:000
From: Evan Monson, Planner Routing:
CJ Sycks, Planner
Date: October 3,.202.3
SUBJECT: Barnett Kia Dealership Concept Plan
MEETING DATE: October 1.0,.2023
APPL.ICANTIOWNER: Barnett;Companies
ITEMS REVIEWED: Conceptual plans from Barnett Kia
DESCRIPTION OF THE REQUEST
At.3610. Highway 61 North, Barnett Com panies is looking to remove. their existing .bui.lding (31,865 5F)
and build a new one (32,265. SF 4- 7,668. SF upper level) on the north side. of their property. The building
would be an upgraded. version of their existing.one, including spaces for a.carwash, servico garage, sales
floor, :for vehicle delivery, and. ad ministration. Parking will be added in place of the original building.
Thie.existing building is proposed to rernain until the new building:is constructed, and then would be.
removed. Phasing and sequencing plans would be put in place to remain operational.
The property to. the. North, 3700, is also owned by Barnett. They plan to survey this area and: propose a
lot.line adjustment to shift .the property line. north by approximately 215'.
Both properties are within the city's Gateway Zoning District, and are within the Neighborhood .Center
subzone. The Gateway Zone has. established different building types, which dictate the..built farm of new
development within the zone.. -The Gateway. Zone discusses different uses that are perm itted:as.well. The.
applicant's proposed building type would not be consistent with tha building types currently in the
Gateway Zone, while the proposed use is currently listed as a nonconforming use in the zone.
The commissioners should. discuss the proposed use. and the proposed building type, as these would
differ from the current standards. and requirements of the Gateway Zone.
TKONO 1 444 Cedar Street Suite 1500 I Saint Paul, MN 55101 651,292,4400 tkda.com
An ernployee owned company promoting afFrmativ.e.aetion and equal opportunity.
Zoning Ordinance Amendment Staff Report April 11, 2023
Gem Lake Planning Commission Page 2 .
EVAULATIQN. OF THE REQUEST
Ordinance No.131 - Consolidated Land Use
9,1,1 Purposes
Neighborhood Center, '`intended for the:most urban conditions within all of the. shown mixed use areas.
The mixture :of land usesemphasizes ground-floor.retail with offices.and residential/rental above. (as market
acceptarice matures) and structures providing commercial space for medium and .large —sized retailers.
Street frontages throughout this sul5zone should be pedestrian -oriented, and the public .space should be
defined by placing building facades atthe edge of the sidewalk. Neighborhood Center.land that abuts.other
subzones on the north and west sides will be carefully planned to ensure lower -density buildings."
9.2.3 Existing Uses and Structures of Adoption of Chapter
The standards under 16.3 (non -conforming use standards) apply to existing structures: An applicant
seeking a building permit to alter or expand a nonconforming structure shall submit plans that are in
compliance with the Design F2equirerrrents in 9.1 and: tYie ConnectiVit}+ Requirertierits in 9.7.3(G);. Due.to.
the building being removed and a new one beingerected;.itwouId:be considered re -development,
9,6 Building Type Standards
The. Gateway zone has a number of building types, though the layoutfor an auto dealership is not
consistent with any of the current building types. Since the proposed building type is not permitted in the
Gateway District, an amendment to the Zoning..Code to add..a building template is needed, An application
would need to be filed along with any other associated applications (PUD, Variance, Lot line adjustment,.
etc.).
The ordinance. also identifies uses that are permitted within the Gateway Zone. Automotive dealerships
are not a permitted use, though Section 9.6.5 was amended in 2019 to permit uses in adjacent
Communities to overlap into the city as conditional uses. This exception only applied to auto dealerships;
the Luther Cadillac site is the:onl.y example of this, .as their .dealership is within Vadnais Heights while.
their parking lot is within Gem Lake..Along with the amendment -to create a new building type, an
amendment to allow auto sales ! automotive dealerships within the Gateway Zone would also be: needed.
917.3 Cj Pedestrian. Network
Pedestrian sidewalks,. paths and walkways shall be provided within the community and shall be an
integral element .of overall .site design. Sidewalks must be on both sides. of a street.. (.except residential,
one side required).
9:5. Plans for Re -development of Single. Lois or Small Subdivisions
For the redevelopment of any lot, .a Zoning Compliance pert it.is required. Development plans will be
submitted with the application after the approval of a new building type template.
9.9 Parking Regulations
Parking appears sufficient,.the applicant should include the exact numbers of. parking for
customershamployees in theirplans. On -grade parking in. front of I he principal building. is prohibited.
Parking is also prohibited in the front setback.. Bicycle parking: is required within 50 feet:of the building
entrance (1 bicycle space per 20 car spaces).
26,4 Landscaping
Current..zohin.g requires -the lot be 25°Io: landscaped with grass,. shrubbery, and trees. Sad and mulch
cover must be installed around the yards and boulevards.
7
Zoning Ordinance Amendment.Staff Report. April 11, 2023
Gem Lake Planning Commission Page 3
2040 Comprehensive Plan
The. Comprehensive Plan glides th.e.8arnett.properties. (and. other parcels east of Highway 61 and north
of County Road E) as 'Gateway Zone — Neighborhood Center' with the Future Land Use Map. (figure
5.5), which is consistent with the Gateway zones. outlined in the Consolidated Land Use.Ordinance. The
Neighborhood Center is guided for multi-story'mixed use' developments, with coinmerciallretail on
ground floorsand residential on floors above. The Neighborhood Mixed Use subzone is.gulded for civic,
mixed -use, and small-scale .commercial and retail buildings; if the city Is interested in allowing this type. of
development it. may fit.better within this subzone. Changing designations of the Future Land Use map
would require amending the Comprehensive Plan.
APPLICATIONS NECESSARY FOR THIS REQUEST
An amendment to the future land use map of the comprehensive plan.
An application to amend the.zoning ordinance to permit auto dealerships as a use:, and add a
new Building Type template
o Amendments to the zoning ordinance would. require review. by the Planning. Commission,
andapproval or denial by City Council
A zoning compliance permit application for redevelopment within the Gateway Zone, and a
Planned Unit Development application
o A Planned Unit: Development would be: reviewed by. the Planning Commission, and
approved or denied by the City Council
- A.lot line adjustrnent.for the proposed. shifting of the north lot line to allow the building to be built
as proposed
o A. survey for the lot line adjustment could be reviewed concurrently with a Planned Unit.
Development request
- A sign permit, for proposed signage
An. erosion and ;storm: water control permit applies#ion .upon approval of an erosion and
stormwater control plan
ACTIONS REQUIRED
There Is no. official action. required tonight, thought the commiss oners should provide feedback regarding
the request. and how it fits with the city's ordinances and current comprehensive:plan.
0
City of Gem Lake C
Figure 5-5 — Gerry Lake Example Plan Sub -Zones Map
Figure 5.5
w • _no Y} .
+i # ►+'� }rim u" • 3VT
Page 34
F . �
T.
�
Y .i•
GEMLK 140643
City of Gem Lake
Gateway Zone
Sub Zones Map
IW
N
W-*E
S
0 3150 600
Source- Gem Like, Ramey Cvu�h GI S.
IAiu4OT, one SEM 4c
4 �
SEP 2017
1,200
� Feet
LEGEND
Gateway and Village Center Mixed Use
9.1"a¢ - Requ res Master Planning and PUD
Neighborhood Edge [NE]
_ Neighborhood General (NG)
_ Neighborhood Mixed Use (NMU)
_ Neighborhood Center (NC)
A
SEH
Figure 1
I
AUTO GROUP
.� .�� A l i'L .
�►�
W I
low
PROPOSED HCEW FACUTV
0
LZUJJW
ALJT0 GROLJP
IRM
VRF
A qb
ri
I
tier ti .
EXTERIOR
The IS'a exterior oesign brings the pPwmorphy of opposites
uniled to the loretrunt The Sir -King black band serves
as a!, c,dmp for the brand mark ppnlrastiig wrth the
unobetruolad views of the 51ybv.Y00M and ou ionnw area
inside. The diagonal desgn el the sides creatasa dynamic
expression drawing your eyes 7p Ire lea: ured veFM,yes
n?rdp,
SH(YWROOIuI
Upon entry, the cwomer y greeted vm � the warns -of
tha erarld wall and LuStonlel area The rep imp irar!sitions
the warm kviums arm soft loans ✓n the customer area to
the coot tones and dean boss of the shn norm , fromof
the nraridwal. Theartyt Zips a')lank can AN Aiwing
the A- c1aa to be the folds ley placing trap a" he
nagonal of the loop It orovidesa panaamlc view Won
envy with afeature zone In the fna" corner, The fealu'e
vehicle is empha5i a wRh swam fighting above and a
flcorAr; transition baba
CONSULTATION
I k.v lQ sum-pnvwQ. and oper+ consuflabw+s allow for
a va•iety of owons during the sales process, The lower
ceilings and warmer Y lure5 grits a- added level of
c0'rfat. O,etomara are aleo—LBtl to 000re options on
their own wrth ire real-time tenhgurater lotatea adla &V
Ip anael the open consultago, a,aas
CUSTOMER LOUNGE
9�md the featured brand wall, line lower mings am
wanner lopes uealea relaxed and inviprg area for
customers ww" for sales sery,ce This area featpre5 a
er.ety of seal. mg pp[tona+ncluding a liar rot cUs omars to
plugr. A hmpitaYty wall witr re MMM,snts and a screen
anchors lne space bebr. sen/pe anc sates.
SERVICE WRITE-UP
The sarvice write-up welcomes air service cusianers utel
here entered our Serwoe Onve It takes on the same design
,M5 a5 the 5hw+'ao'^. UmV our ovstanhers a tonsistarn
experience no matter the, w,T. Smal unabsti oed desss
allow for ostler customer irdarachol- agiial mans panals
can rydo Vrr W monthly specials, show c MMVrve
s Nry a rateA l)e a queue tna'd ir+ ahng where the
coStomer'' vairicle stands in farms of completion and a
has: of otter oppontxnlies.
NEW VEHICLE DELIVERY
The mirg movemenl of the%la brand Is carved Ihroug^ •n
the tom Vehicle Delivery veahnq asocial diab okdmo
for custrxner., 1l rs Inatumcrnates rnamnun++mnaC' -ltnn
the space that can also he sam ten. the of terwr -it, the
addtlonslgiazrng.
w
AUTO C3RoLJP
SQ08ing a I3LL?eE"'u�'� ri:i
Foi rlil of LW
TO:
City of Gem Lake City Officials. and Planning Commission
FROM:
Emily Jennings; PE (Lic. MN)
DATE:
September 12, 2023:
RE;.
M84 Related Ordinance Redlines
SEH No. GEMLK 1166611 14.00
MEMORANDUM
The MPCA MS4 Permit was reissued on November 16, 2020 requiring additional changes. to the.City's
Construction. site.. Stormwater Runoff Control and Post -Construction Stormwater Management program.
.Redlines to City Ordinances No..:131 (Consolidated Land Use) and 140 (Domestic Animals). have been
submitted to the City Officials and Planning Commission for rev'i.ew. This memo was..prepared to
summarize updates made.
Ordinance No. 1.3.1 (Consolidated Land Use)
Updated to Ordinance No: 1.31 include;
section 22. Erosion, Sediment, -and Waste Controls and.Stormwater Management
o The. section titl.e.wa& revised to letter align with the content.
o Erosion, Sediment, and Waste Controls:
• There.are minor changes to:the Criteria subsection to align with the MS.4 permit,
• An Erosion and Sediment: Control Plan. subsection was created to provide clarity
to proposers,on submittals to the City.for review.
o Stormwater Management:
■ Changes to the Regulation. subsection are proposed to align with theMS4 permit
requirements.
• Changes to the Criteria subsection are proposed to provide. updated and clear
design standards for project proposers.
■ Changes to. the Alternative Compliance subsection are proposed to align with the
MS4 permit requirements.
• A Stormwater Management Plan subsection was created to provide clarity to
proposers on submittals to the City for review.
o. Not -applicable information. was removed from the section.
o. Other minor revisions to content and formatting'.
• Section 29. storm. Sewer Use
q A.subsection for Salt.and Deicer Storage: Requirements was added per the MS4 permit
requirements..
Ordinance No. 140 (Domestic Animals)
Updated to. Ordinance No. 140 include:
Section 5. Own er.to Clean Up After Dog
o There.are minor suggestions to change the term `dog' to 'domes.tic.animal' to align with
the requirements of the. MS4 permit..
Engineers I Architects .l Planners I Scientists
Short Elliott Hendrickson ]ne.,.3535 Vadnais' Center Drive, St, Paul, MN 55110-3507
641..496,2060 18D17,32&2055 1888.908.SWIax I sehinc.com
S E H is 10.0 employee -owned IAffirmative Action- E 0 6 a 10ppartunity Employer
Memorandum
September 12,.2623
,Page 2
E KJ
c: Justin Gese, City Engineer
Ojlglgemlkii6667i15-Fnal-dsgn%50-final-dsgn150-hydro%code updatealsummary of ms4-wdiname reglines.doex
9. Violations & Penallies
84
Section 18. Perfora anet Standards
85
1. General
85
2. Requirements for Consideration
85
3. Exterior Storage
87
4. peruse
88
5. Screening
88
6. Landscaping
88
7. Maintenance
89
8. Lighting and Glare
89
9. Vibration
90
10. Off - Street Loading
90
IL Traffic Control
90
12. (Deleted)
90
13. Archileclure
90
14. Explosives
91
15. Radiation and Electrical Emissions
91
16. Aircraft
91
17, 01her nuisance Characteristics
91
18. Consistency with Plans and Policies
91
19. Clusteringand Density Transfer
91
20. Park Land Dedication
92
Section 19. Signs
94
1, Purpose and Intent
94
2. Findings
94
3. Permit Required
94
4. Inspections and Enforcement
96
5. Applicable Standards
97
6. Definitions
100
7. Severability
100
Section 20. Off -Street Parking Areas
lot
1. Purpose
101
2. Site Plan
101
3. General Provisions
101
4. Design and Maintenance of Off -Street Parking Areas
101
5. Required Off -Street Parking
102
Section 21. Regulation of Gem Lake Waters, Wetlands, and Shorelaads
103
1, General Provisions
103
2. Policy
103
3 Use of Gem Lake
105
Section 22. Fm"Frosion, Sediment, and Waste Controls and Stormw-Water MJim agement
107
1. rosio�Se[iimenL a]xi Waste Con nwlA 56siyn E[Rd c...f:..."t, ''.W F.4
107
Foi r17�1� Fpnt. Not Bold
2. Stormwater Management
107
Section 23. Broadeastllelecumrnunicatioas "Cowers and Antennas
112
1. Purpose and Intent
112
2. Zoning Districts for Construct ion
112
3. Performance Standards
112
4. Proof of Non -Interference
114
5. Tower Setbacks
114
& Permit Applications and Plan Review
114
7. Exceptions
114
Section 24. Wind Energy Conversion Systents
115
1. Purpose
its
2. Zoning Allowance
115
3. License Required
115
4. Code Compliance
115
5. Standards for Siting, Installation and Operation of WECS
116
6, Test Towers
117
7. Inspection
117
8. Abandonment
117
Section 25. Subdivisions
118
1. Purpose
118
ilMaled AngrAwi 17, 20fS Clem Lake C'mmoHdared Low] Clse Ordiwnce No. 131-
Page 3
2. Junsdiction
3. Interpretation
4, Requirements
S. Park Land Dedication Requirements
6, Minor Subdivision
7, Severability
8. Conflict and Interaction of Ordinances
9. Rules and Definitions
10. Filing and Review Procedures of Plans
it. Design Standards
12, Required Basic Improvements
13, Variances from This Section
14. Violations and Penalty
Section 26. Landscaping
1. Purpose
2, Definitions
3. Landscaping Requirements for New Construction in Residential Districts
4. Landscaping Requirements for New Construction in Non -Residential Districts
5, General Requirements for All Districts
6. Native Landscapes
7. Landscaping of Existing Uses
8, Screening Requirements in Non -Residential Districts
9. Additional Screening Requirements
10. Screening Methods
11. Landscaping Plans
12. Performance Surety for Landscaping in Non -Residential Districts
13, M aintenance of Landscap ing In All Districts
14. Penalty
15. Severability
Section 27. Tree Preservation
1. Purpose
2. Severabilily
3, Interaction Between This Section and Other Sections
4. Wording of This Section
5. Definitions
6, Protection Standards
7. Data Submission
8. Removal Threshold
9. Reforestation
10. Construction Damage to Significant Trees in or Near the Preservation Area
11. Agreement to Replace Trees
12, Collector and Arterial Roads and Trunk and Lateral Utility Construction
13. Exceptions to This Ordinance
14, Tree Replacement
15. Release and Retention of Performance Security
16. Penalty
Section 2& Environmental Review
1. State Law Adopted
2. Application
3. Determmation of Need for Environmental Review
4. Procedures on Determination that EAW is Required
5. Procedures when an EIS is Required
& Prohibition on Approvals During Environmental Review
7. Severability
Section 29. Storm Sewer Use
I. Purpose and Intent
1 Applicability
3. Responsibility for Administration
4. Compatibility with other Regulalions
5. Severability
6. Ultimate Responsibility,
7. Discharge Prohibitions
118
118
118
118
119
120
120
120
120
126
129
132
132
134
134
134
134
134
135
136
136
136
137
137
138
138
138
139
139
140
140
140
140
140
140
140
140
141
142
143
143
143
143
143
144
144
145
145
145
145
145
146
146
146
147
147
147
147
147
147
147
147
t/l W&1 Arrgrrrl 17.2018 Gem Lake Convofidured Land 11.se Onl;nance No. 131 -1Oge a
sECTION 22. ERpSIQN, SYDIMEN7', AND WASTE SOIL EROSION ONTROLS AND 5TORMWATER
MANAGEMENT
I. Erosion, Sediment, and %l aste emd Sedierenf ControIS.
1. Policy Statement. It is the policy of the City of Gem Lake to require the preparation and implementation of erosion
and sediment control plans to control runoff and erosion, to retain or control sediment on land during construction
activities, and to prevent the degradation of resources and the loss or damage or property due to erosionL-Rol
sedimentation. and waste.
2. Regulation. No person shall commence construction activities of I O,OW square feet or greater, unless granted a
variance, witham first obtaining a permit From the City that incorporates and approves an erosion and sediment
control plan for the activity, development or redevelopment, 1; ie i:::in::n ' eew i0 - W 11 .,.., 'ORol t •R ••
mAu R and V i e8F1 ...C,i.R HO- ! 111 e, fin I he plan shall be in con rormance with
the erosiar_ sediment, and waste uunnol standards established bk.,the Mmnesuta Pollution Conlrol Amck:s
NPDI- tiSUS C onstrucltoa Stnmiwater General Yerniit 1vlN[il IX1001 (L 5 W', [1cnni9 a`c nq%% constituter! and from
time to I me ainetldcdfhMPGn GE Re Fal tie....:. CO Fk;t» .. r .. wAp. __ ____ _
3. Criteria. Erosion and sediment control plans and the construction activity shall comply with the following criteria:
Permit.
or exceedShe slandawj .t�andardti
ES SDS Construction Stonu Ater G ,uc
n;iFile to jmkLammndtNf
Formatted: indent: Left' 1.5", No bullets or
2._For certain construction activities, various other permits may also be required. The owner ofconstruction -
activity is responsible for obtaining any other required permits from watershed districts and other State, Formatted: Numbered + Level: 3 + Numbering Style:
Federal, or local governmental agencies having any authority over the work to be performed., 1, 2, 3, ... + Stan at: 1 + Alignment: Left + Aligned at
1.25" + Indent at 1.5"
Formatted: Font: (Default) Tmes New Roman. 10 pt
2 l'4e ••••irmA iiiScie 1i1101 A H k1l4h%l 0 h! R fit lhe 9 12 IR " """r""ee W!11 fje Nlsk?I:S{-ieneFnl
idl'IdiWIM!HUbFR4&q E3R Of Nei ee ..a•re....:....,:.... L.. {#IL'•pernti tee of epprr+vel
3 All on -site stormwater conveyance channels shall be designed and constructed to withstand the expected
velocity of flow From a 10-year frequency storm without erosion.
LFormatted: Font (Default] Times New Roman, 10 pt
Formatted: indent Left 11.5", Line spacing: Multiple
. 1.08 li, No bullets or numbering
City.
4. Exception. No permit or erosion and sediment control plan shall be required under this Section for the following
construction activities:
L Minor land disturbing activities such as home gardens, repairs and maintenance work.
2. Construction, installation and maintenance of individual sewage treatment systems (1STS) other than those
on steep slopes, on riparian lots within a Shoreland District or in a bluff impact nine.
3. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles-
ClpladedAligns( 17. 2018 Gem lake C msohdnred 1 a d the OnhmmrceNa 131— Page 107
4. Emergency activity necessary to protect life or prevent substantial harm to persons or property-
S. Minor wetland impacts that have received a "certificate of exemption or no loss" determination by the LGU
(VLAWM0or RWMWd) administering the Minnesota Welland Conservation Act of 1991, as amended.
e All maintenance, repair, resurfacing and reconditioning activities ofexislingroad, bridge, and highway
systems which do not involve construction activities outside of the existing surfaced roadway- All
construction activities not required by this Section to obtain a permit or have an approved erosion and
sediment control plan shall nevertheless be conducted in full compliance with this Section., j Formatted: Font {Default] Times New Roman, 10
5. Eim,.k n and Sediment Card to] Plan. An erosion and wdinicnt control plan shall beguhmitt_ed_ fgrreview and
annrrnal and include the following;
I- Items cgnsslcni wtlh the SWP?P ccmtent muim7mcn[S within the C- Permit.
` Formatted: Indent: Leff 1.5', No bullets or
? Pro ect limits and m rt] hnc.1ncludin •the location of a existing and Dosed utilities and easements
-----._g...p'. _jnX}m --- 6 i numbering
3. A sclxdult ttdicaling die [lift of the construction activities, implementation ritaintenarxe_and YCnKIVaI t]f
erosion and sediment control measurek anal petmanew snc stabilization magims._
4. Inspection scho iiiles aixl timeftames,
6-5 Identifleatian Of the pnmenv owner, operanu, and indi uals respungi le f irthe impiCHMIRILOn uithe
Frositin-and Sediment Control Pip —including name _phone ntunher_and email addn;ss., Formatted: Font [Default] Times New Roman 1Opt
2. Stor+--amwater Management.
I. Policy Statement. it is the policy ofthe City to:
1. Manage new development, redevelopment and drainage alternations by requiring each development or
construction activity to manage its stortnwater effectively, either on or off -site.
2. Promote and encourage a reduction in runoff rates, encourage infiltration and promote groundwater
recharge.
3. Maximize groundwater recharge as a means of maintaining drinking water supplies, preserving base flows
in streams, and limiting discharges of stormwater to downstream receiving waters.
4. Assure that property owners control the rate and volume ofstormwater runoff originaiing From their
property so that surface water and groundwater quantity and quality is protected or improved, soil erosion
is minimized, and hooding potential is reduced.
5. Protect and improve natural resources within the watershed to prevent further degradation.
2. Regulation. No person shall commence construction activities of 10,000 square feet or, grealer, unless granted a
variance, without first obtaining a permit from the City that incorporates and approves a stormwaler management
plan for the activity, development or redevelopment.
I. Rate Control, The proposed activity will not increase the peak slormwater runoff rate from the site, under
pre -development canditians .tirr the-2- 10- and l0U-yeal'. cntical duracton�'_a hpc�r} stnmi e�Emti using
Atlas 1.1 rainfall depths aitd antccede:u inoisture conditiolis_' AMC' 2Lfor all discharge locatlnns. -1-he
storm disiribtaion shall he a NRC'S MSE 3 MN distribution or the nested disYttbulion far Atlas 14 based
data. Discharge rates leavnnE the site should:
1. 13e redix:rd from ewslmi' talcs xhcrc leaublc, Formatted - -- —
+ �44-and 90 vita 4. T ���q f..�. ,%44�j Formatted: Font (Default) Times New Roman, 10 Pt
�� '-_r - �^r�
Formatted: indent: left 15"
Not accelerale rm or n1l=site µLiter CuLil'til' CH0ti3on. _dif W tit e n un ce fl—ji— 6rdanLl�L' a5 I Formatted: Nurn bered + Level:4 + Numbering Style: i
demnrislraled b1 the appfican avid or t, 2. 3, ... + Start at: 1 . Alignment' Left + Aligned at
1.75" + indent at. 2"
Formatted: Font (Default) Times New Roman• 10 Pt
Updated Augrrsi 17, 2018 [fain lake 0muVAdaled l.mul the (hriinm ee Nix 131 -Page 168
I3 Runoff rates nM be re_tricted to less than the ng, rates„ 4wnas deemed necessary Gy C qi
staff for the protection ofpublic health, safely and gcncml wclfane.
Volume Control. Projects where the sumol'the,new,unir ions -surface and the mint} mcnnsiructe_d
impervious surface eeluals one or more acres must control volume onstic
-, eMiE3m_ The following, s olunx confrul standards annit
1. Non -linear uroiects shlsll Ireat 1.1-inch of runoff from ?he s_utlof the new and the ftdly
reconstructed impervious surface
2 Linear pro ects shall treat the larger ofthe following.
a,_0.55-inch of runoff' from the sum of the new and the fully reconstructed impervious
surfaces; or
h L1-inch.of runoff Tram the net tturcase in tnr rvious surfaces.
.'... - izelun,,-.....Pal efe.i:.,...a L.....rJ !@eentf.J up to e e hWF(Q 5) ineli-orn HtafrdeSe.:hed .....ire *TT. ce,.....- 12�r;
3. Water Quality. Stormwater management must con0y with the requirements ofthe Minnesota Pollution
Control Ageno) s NPIA: S'VS ('owliucttun Stormwater General Permit MNR1000J1 IC SW Pero}
requirement and guidelines set forth in relevant
Iota] maximum daily load studies andal, slate, and or fedcraf
regulanons. No direct (untreated) discharges of stomtwater to natural or improved waterbodies are allowed.
4. Waste Disposal to Waters. Stormwater management must not result in the discharge ofany regulated
subslance, hazardous at biological waste, or petroleum prod ucl, whether treated or untreated, to best
management practice devices that may have a deleterious effect upon water of the state (surface and
groundwater), unless the discharge is in compliance with Federal, State and local regulations.
3. Criteria. Stormwater management plans shall comply with the following criteria:
^n-"" --' -' .11 hFdr_nioyic data qlal I he oumpletud using,NRCS methodoln};}'; i c.
Hyd naC AD or TR20:7R55. XP-SWMM or compMble,:,City mmoved method Hydra uitc calculations
will be accerAed in the rational tnethod format or in commonly used soft Ware PNkagcs such as F1lWA 1IY-
8 or XP-SWMM or a co nn)arabh:&wfTaWbW City approved method. I hest computations shall be
submitted to the C rty as outlined in this section with additional delaiI rrnvtdcd upon reouest.
I
2 Waler quality calculations will be acre Wd fnmt conurtcm] y used software acka s such as MI1]S
calculatot. P8 with a standard NURP 5tlih percentilcparticle see distribution;, or a
e%twg-ftlrlecorriparAble, C by aaMoved method.
Formatted. Font: (Default) Times New Roman, 10 pt___
Formatted: Font (Default) Times New Roman, 1 Q pt
�Formatted: Indent Left 0.5', Line spacing: Multiple
1.08 1i, No bullets or numbering
Formatted: Font (Default) Times New Roman, 70pt
Formatted: Font (Default) Imes New Rumen, 10 pt
Highlight
Formatted: Normal, No bullets or numbering
l Formatted: Font: (Default) Times New Roman, 10 pt
Formatted: Normal
Formatted: Font (Default) TimeS New Roman; 10 pt
Formatted: Line spacing: Multple 1.08 li
3. Local storn sewer !�r. stems shall be designed f lit- year storm evcni The Rational Metf sl II be Qte • Formatted, Font. (Default) Times New Roman
pir;fencd utcthudulul v for the _design oftocaI systems Culvert crossings or storm slstetns in Cnunly or _- -
Stale right -ol_way_ma4 have a desir:n frequency which diMers fiom the CitS''d I0-veat destym storm. The Formatted: List Paragraph
designer shalt contact each a enc . unit ofgovetrtinenl to delemtinc the appropriate design frequency for
hydrologtcally-connected systems
3. I`ne *v disci lion shall he tuvided Hi culvert and storm sewer okilfalk in accordance with the Minnesota Formatted: Font: (Default) Times New Roman, Bold--"�— Department of Trans nation Dran ,e Manual If cable ve ,elation is acce able wTnmirary erosion Formatted_Font (Default) Times New Roman
control dnrinjLaEtd !inniedtately follogtngccmuruction dial] be used until mucta ion_beconies estahl_idwd_.
Formatted: Font. (Default) Times New Roman, Bold
S, �1igh wale elevations for landlocked areas (twins where no ouIlet existsI shall he egablishod by first
cstlmatin -, the normal or initial water surl'ace elevation at the hegi mu ng o f a ramfall or mnoITevent usin! a formatted: Font (Default) Times New Roman
documented water budget, evidence ofmultled soil. arkioraft estahlished nrdinan hi =h-water level. The Formatted: Font (Default) limes New Roman
QpdaredArrgrnr 17, 2018 Gem Lake (,mvalidai&iLard (Ise OrdimtneeNa 131-Page 109
In !_h-waleE level analysis slialt be based on mrroff volunte result inp liom a 100- year 10-da , runotf 7.2
inc hes and to or h n i it ions CN- I Wj p and or the runoff result m • from a I00 ear back-
to-back even The high-water. elevation shall be the hichcr of Ihc.,�c tivo conditions.
ill rtemtanen! stormwrater management lac iliticspnd-ney diwharg�iau to all wetlands and surface
watcrs shall )nciude lxettr atment,�
7. Design ofall Best Martagemenl Prachccs HMI's) will be con,;monl with (W Minneuita Storrnwater
Manual. ?005. and as amended apd the MPCA CSW Permit_
2. R. MRS CC Fat- -01; [4 thO prop Fi sod m4i N-3 ties, do,, el e pmtmA i3r Fed ev el opifien; m ih m ihe �vppershed - hnll
:.s Slormwaler facilities must provide:
4--An identified overflow spillway and downstream route sufficiently stabilized to convey a 100-year
critical stonn event;
1.
oil9 W cutlets designed to prevent short circuiting of the flow from th_c. facil itvpend inputs to the outlet;
2
4-3 An outlet skimmer to prevent migration of floatables and oils for the 2-year event; and
' 4 Access for future maintenance that is free of plantings and impediments.
+y Regional ponds and practices can be used to provide for stormwater management based on the following
~criteria:
1. Regional ponds are required to be designed based on ultimate conditions for the contributing
subwatershed_txi-
2- Regional ponds are required to be constructed and operational prior to constructing
imperviousness wit hinIlie contributing drainage area.
a■4.."...a�nnc ....a.. Rd B1,Mile and she AlW A r:a...,1 n.,... u.. r •.................. n01..4 el, AAA "Ni El
WRended:
Formatted: Font: (Default) Times New Roman
Formatted: Font. (Default) Times New Roman
Formatted: Font (!Default) Times New Roman, Bold
Formatted: Font (Default) Times New Roman
Formatted: Font (Default) Times New Roman
Formatted: Font; (Default) Times New Roma n, 10 pt
Formatted: Line spacing: Multiple 1.08 li, Numbered +
Level: 3 + Numbering Style: 1, 2, 3, — + Start at 1 .
Alignment: Left + Aligned at 1.25" + Indent at 1.5'
Formatted: Font: (Default) Times New Roman, 10 pt
Fnrmattod_ Font. (Default) Times New Roman, 10 pt
Formatted; Numbered + Level:4 + Numbering Style:
1. 2, 3.... + Start at: 1 + Alignment: Left + Aligned
1-75" + indent at 2" 1 _I
+ Formatted: Indent, Left. 0.5", Line spacing: Multiple
1-08 li, No bullets or numbering
Formatted: Line spacing: Multiple US li
y Formatted: Indent Left 0.5". Line spacing: Multiple
1-08 li, No bullets or numbering
[Formatted: Numbered + Level:4 + Numberng Style
1. 2, 3, .._ + Start at 1 + Alignment: Left + Aligned at
1.75" + Indent at 2"
Formatted: Indent Left 2"
Formatted: Font (Default) Times New Roman, 10 pt
Formatted: Normal, Indent: Left: 0"
.. n..hy,l:e.-
[ II Wet sedimerttation basins and practices shall includc at least 1-foot of frceboard from the top of
facility For the 100-year event -
r oax eelAagur 17. 2018 6 m lakeOw-vafidarerl Lamll.beOidinanceNo. 131—Page 110
I_], Infiltration and Iiltrahon litcilnics shall.
!he mAliwat on _ - _ ,....____.._ ._._-..-_ - -ohs - - • Select the design
infiltration based on the least permeable soil horizon within the first five (5) feet below the bottom
elevation of the proposed +Wj4fin,.' facility- Site -specific infiltration measurements completed by
a licensed professional (as described in the Minnesota Stormwater Manual, November 2005, and
as amended) may be used in place of the values in the Minnesota Stormwater Manual, and as
approved by the City.-
I
2 Ind ude_a diversion or tither method within Ilie ccrLslnxtm documents to k mcun ruction silt
scdimem from emcnugan infiltradon and -or I'll tralion syslem prior to final stabilization of the
entire contributingdraL= -c area_ and
3 Include pyovisions within the cono ruction documents that will prohibit consliueticm cow
from compactin g the an]s-where infiltration and_or fillmlion racticcs are ni osed.
6 '� - p
f1.1...,..- - - - - and•�:A(13Lntf�)d:- foF ille #TFopose tpmeelite-Ail4ighK—H .mnn*nded-mA-FeV11FRUM RdF4--
]' -1-o the maximum extent practicable. volume control shad be fully met onsite (Section 2222.2).
Site conditions may make infiltration infeasiblerFndtx4+ntdrof- Fntpossi ble- The applicant must make soil
corrections and/or investigate other locations on the site for feasible infiltration locations. Infiltration
practices are not allowed in the tnlImt:n}, areas:
I- Are that receive kat runofffmm vehicle fueling and l�rnaintenance areas re azg dies ai the
amount ofreconstnicted unpervious surface;
1 Areas where thete are high_level s of contaminants in sod or groundwater.
3. Areas where soil infiltration rates are inure than S.3 Inches Dcr hour, unless soils arc amended_
4 A reas with less than 3 feet of Hyaratio istance from the bouutn of the infiltrsti ti1ent lu the
elevation of the k;
4—Art- of Ludorru_nately
2-5 VA04rrhydrologic soil group D (clay" soils
6- Areae_in an Enkr�y Hcs onse Area�fµRwAa wthun a I]mrAing Water -Si pig Manug meal Area
f DWSMA) as deinrd in M ino R-- 47?0 51OU_ Snbp. 13. classified as.
a High or very hinh vulnerabilily as defined by the Minnesota Department ofHeallh or
tv_.>.��: a m � �eim6.."a v.,..a.... rn.,..:.....-Wellhcwxt•o�.-..e,..�.. v�...�Tr .
b Mixleraic vulnerability unless the mutt rfomrsor appmves a hig her level f
engineering rgvlewy .;uflicicnt to provide a Functionint! Mal lltent s1'stem avid to prevent
adverse impycts to gmundwaler
7. Areas outside ofan Lit %1011310 DWSIvIA classified as high or ven NO vubicrabilk) unless the
perinittee nertorms or approves a hi&r level ofengineerine review sufficient to pnrvide a
(Waled Arigim 17, 201A Gem lake Crvisohdmed loin Ilse Ordiimnce No- 131— Page 111
Formatted
Formatted: Font (Default) Times New Roman, 10 pt
Formatted
Formatted: Indent Left 2"
Formatted: Font: (Default) Times New Raman, 10 pt
Formatted: Normal, No bullets or numbering
f-
Formatted: Norma
Formatted.• Numbered + Level: 4 + Numbering Style:
1, 2, 3, — + Start at: T + Alignment. Left + Aligned at:
1-75" • Indent at. 2-
Formatted: Font (Default) Times New Roman, 10 pt J
Formatted: Indent Left 0-5", Line spacing; Multiple
1_0811• No bullets or number rig
Formatted
Formatted: Font: (Default) Times New Roman, 10 pt
Formatted: Indent Lek: 0.5", Line spacing: Multiple
1,08 fi, No bullets or numbering
Auictimix Walffke n s Teni and In prnent adverse t is to gjoundikwcr,
H Areas wilurl I_tW feet up-¢radient or 100 feet down g7adicm of knowtr active karst features;,
34 Areas that receive runoff from the following industrial facilities rMt authorised to infiltrate
^stormtrater under the NI'MS Aormwater permit for industrial activities- autrnpnbile salraee
yards: scrap recycling and wade recycling !facilities; hazardous waste Mfli Wit! storage. nr
sdisnosal_facilities; otair trans nation facilities that conduct deism g activities, of
4—Areas wWithin 50 feet of a septic tank or drain field..
10.
If the applicant claims that infiltration is not feasible or allowed onsite, the applicant must provide
supporting documentation and follow Section 2, Subsection 4.
4. Alternative Compliance Sequencing. For sites where infiltration practices are determined infeasible as described
in Section 22.2.3.11, the following Alternative Compliance Sequencing steps shall be taken in the order shown:
1. Alterative stonnwater compl lance such as ti ltradon or Ncl detention ruby be pursued. Suppo mink
documentation muss be provided to iustifv infeasibdiues. Alternauye compliance mind be designed to heal
the required volume as described in Section 22122.2and using crnerta as listed in the most recent version
of the WCA's C'SW Pennit and Minnesota Stonnwater Manual.
2 For linear proiecks_ where the entire volume cannot Ix treated within the "ming rittht-of--way, a reasonable
attempt in o6tsin additional right-of"�w ,easement ar other Wrmission to (real the smrmwaterduring
prolcet plane inytnrwyti Inutit Ix made. If additional riOt-of--wav_ easemen is, or other permission cannot
be obtained_ owners of construction activity must m&ximi:x the tnatrucm oftfic ttalcr uualiIv volume mLor
to disehar rye
3. For non -linear molests, where the entire volume cannot be treated onside, ovvitcrs of the construction
activity must identify locations where off -site treat menl proeets can be completed. Off -site treatment -maut
be 96ccted in the following order of preference
�—Locations (hat tell benefits to t sa a receivin *wafer [hat receives runofl'from the on *anal conslructioti
ctivi .1r..pFac6ces .1.,"..:1,.,.i,s.t_...... az.:OR31m6ie; 1,;.nml,
2005, iLgd as afnende{d. sized eeewJing W Seer uA 22 2-2-g
zed to
#"t4tefa�+4txrre�€ mirky#factc�t�ii-�vir+r+��-3-2 -z -
Formatted: Font (Default)Times New Roman, 10 pt
Formatted: Indent Left 0.5", No bullets or
Formatted: Line spacing: Multiple 1.08 H
Formatted: Font (Default) Times New Roman, 10 pt
` Formatted: Line spacing: Multiple 1.08 li
" Formatted: Font (Default) Times New Roman, 10 pt
Formatted: Numbered + Level: 4 + Numbering Style:
1, 2, 3, + Start at:1 + Alignment: Leh + Aligned ar.
1.75" + Indent at 2'
Formatted; Indent Left 03". Line spacing: Multiple
1.08 Ii. No bullets or numbering
�177+
ed: Numbered + Level: 4 + Numbering Style:
+ Start at 1 + Alignment: Leh +Aligned at
Indent at 2"
- Formatted: Font. {Default} Times New Roman, 10 pt
Formatted. Normal. No bullets or numbering
Formatted: Normal
t , 9,:t pFaetices.haPhe-nnN eted-i%ith .r some ra+nc" 86W Oi Sub IAWOFshed fts the
VFOjeUl FAU
2 l,matiollt mthinth, "ante fkkparhnem of Natural Resource IDNR] catchment area as the original
consirucl to n al: f I v i t Y.
3. Locations in the nest adjacent DNR catchnKml area ur} rearm r
4 01T site ...fl_t:,,a a-e fegt ed to be o,.RmFi, led aFA speFE._.opal -F-tIwtqo� 4101 E i Formatted: Numbered * Level:4 + Numbering *le:
- - .,h R the •-�•-•`-•�••'MP drainage area t.ocal:oas anFuitcfe within Ile nermittee's 1, 2. 3, ... + Start at: 1 + Alignment: Leh + Aligned at
unm llchon, 1.75" + Indent at 2'
rFornaatted: Font; (Default) Times New Roman, 10 pt
f/pddedAxgvrl 17.20M Gem lakeC•un.ndrdwed LamiLireO7 dirmrrce No. 131 -Page 112
4- nffsitetr=mcnl pmircls must.
I. Involve the crealion of new struclutal siornwater BMPsor the retrofit ofexistin8 Artwtulal
stomtwater HMPs or the It_sc of a oroperly desi Lmed re Tonal structural nori water 13MP Rouanc
mai ltlenarmec nT structural stormwater IIMPs already refit tired in another permitcannot he used to
tncel this requirement.
2 Bt compicted no later then 24 monthsaR r 11K s4xt of the on lnal consttin: lxm activity.
A: ep Ev i-M Rk 'A i 4;Onem4.ne.-FM, F;.. r•.....a.-......e Fk n,.....:..e.- 2008 ,...a ....�.......1_d
Formatted: Font (Default) Times New Roman, 10 Pt ]
Formatted
Formatted: Norma No bullets or numbering
Formatted: Normal, Indent: Lek. 9"
S. f A-1W e CARUOI r•.PdAs • Formatted• font; Wd
I Formatted: Normal. No bu'slets or numbering
• Formatted: Normal, Indent Left: 0"
NO bullets ornum6ering FFo tted: NOrM'r ^
Cmmatted: Normal, Indent Lek: 0"
[Formatted: Normal. No bullets or numbering
Formatted; Normal, Indent Left: 0"
' FOrmatted: Normal, No bullets or numbering
Formatted: Normal, Indent Left 0"
Formatted: Normal, No bullets or numbering
(Formatted: Normal
Formatted: Normal, No bullets or numbering
Y
' LPoTatted: Normal �1
` Formatted: Normal. No bullets or numbering
Formatted: Normal
• Formatted: Normal, NO bullets or numbering
Formatted: Normal
w1 Maintenance and Easement.
iWaied A r gtai 17 ?Ill N Gent Lake C mrohdared 1,mul Me Ordimmce Nu 131— Page ! 13
i- Stormwater management easements shall be provided by the applicant for (1) access for Facility inspections
and maintenance and (2) preservation of stormwaler runoff conveyance, infiltration, and detention areas
and facilities, including the overflow route.
2. Land used by stormwater management facilities shall be preserved by dedication and/or perpetual easement
to the City, when required by the City. These easements shall cover those portions of the property which
are adjacent to the facility and which lie below the 100-year flood elevation-
3. A maintenance agreement shall he recorded with the Cc" as pan of the City development approval
process. Minimum requirements for the maintenance agreement include:
l- A list of the responsible party(s) (City and facility ownerlmanager);
2. Contact information-,
3- A formalized maintenance schedule, with scheduled activities:
4. A "Failure to Perform" provision laying oul remedial actions if the responsible party does not
perform as expected;
S. Mai ntertance debri s handling plans; and
6- Emergency response (environmental, spill, safety) -
Maintenance is required for a]1 stormwater practices constructed in compliance with these Policies- The
City will conduct periodic inspection ofstortnwater practices
S When land used by stormwater management facilities is public land or public right-of-way, easements
under this section will not be required, and a written agreement between the City and applicant may be
executed in lieu of the recorded maintenance agreement-
6 A maintcnance agreement between the sire owner and Cill must be camp] gedtic Iudin a. plan nrevaped
by the site owrrer-for maintenance ofany stormwater management facilities that identifies the maintenance
act v.'it,e5 and frequency ofacllyihes for each permanent slurmtrater management system proposed,
including; but not IimmA to street sweeping, poixl I11SWction. scdnnent rcmu4al and disposal. clC.
6 Starmwetc11Maoapement_Plan.E'k +torrnwater manWntenl plan shall be subnlilwd for review aixl approval and
include the foil omR6.
1__ _A complete and Ihorou rah ,rolect narrative, inclwhne,
1 The name, address, and contact Intbrrrtabon for the protect.
_A description of the pro ect, ins] Wing a sunmtar}• of existing and proposed impervious areas.
3. A descnplion and exhibit of on_site and contnbutin = existing and vropQsed sub watersheds w lh
flow• diwelions`pattcros and dischargpomts
4 Comnutauons and data tahles for stormwater runoff volume. water a M P I . aril rare anal vscs for
x;_stinl _and prolvsed cnndttit
5 All hvdrolo and-lp�rntilrc rnmpgfaleuns completed-ln degi�m, Ihe�ryx sed-slornlHater
manalttmem facdnies Model summaries muss be submitted fhc sutnn,artes shall mclotdc a ma
that corresponds to the drainage areas in the model and all other infonpatton used to deveIon the
modgi If rwonaI lacllitics are used fin conq,hance. compulattons dcnxtnstraIiilg the Overall
rem onal func lion of the facility shall be subun (ted- mcludIne maintenance aireen,ent
docuntemallon
h Sn,t_and r uiicl,nlcaf nFgm atwn includinks�il.t�pe� orutdwater iny_esf auUn_ wll conditions
Within f« I of IMin ��x .lx,uur>>. ir�„�.r� r,u� inritranrm fac Lc , w)d iI161ttawon caLl� of
�iis, as applicable-
Updared August 17. 2018 Gem Lake C vnxol&aed 1 nd US Ord/ umce Na 131—Page 114
Forrr,atted: Font (Default) Times New Roman, 10
Formatted: indent Left: 0,5", Line spacing: Multi
L1-08li. No bullets or numbering
Formatted., Indent Left. 1.5", No bullets or
Formatted
Formatted: Font (Default) Times New Roman, 10 pt
Formatted
Formatted — —
7, (hher sunnlemerna]_ inFQrtitatinrL�s_deenied nccrssary_ln Ctty staff,
2. Construction plans or exhibits_ showing
1 Pm eel limits and ro n lines utclll itn =the ]atxltun ufan exislin and roltoscd tnllllies anti
easctents
? Location_ a]ignment and elevati n of pro xt ed and existin, stoinwater faciIi6 s
INIinealion ofexistin on -site wetlamis, shore and and of Il(vd lam areas- Removal
disturbance ofslream batik and shorcland vegetation should be avoided
4 Eaisitne a xipmposrd WO -year high water Ievcl clevatwns.on-sne.
5 Existing atO poposed site contourelevations related to NAVE) P88dal -urn, tneludingdirec ) ns
pr Row and all disc:harpamis..
G. S cifications ofall m tsed storrnwalcr managcmenl fatuities,
7. Provision of eas�men_rs_for mainicaanox access le detention basins conslrnClecl KCtlBnds and other
stormwaler mana ment facilities
S. - lulets to Mention basins, wetlands` etc.. sitowrrat of below the outlet devanon
9. ldenliftcapon ofreceivtn_g water bodies flakes_ stnams -e Iard-s, eta
to _ Location_ of all Proposed slomtwater treatment facilities. The normal water Icrel and I ell -sear
flood elevations shall be shown for all stormwatcr lrealnem devices.
3, _Eroslon and Sediment Control Elan consistent with, Section 72-1-
4 MpltllcnanceplgrQutdgreement, consistent N7th Sect]on 22.2 S.
5 Any additional documentation necessary to derm nstralc cot liance
ilpdared Atrga v 17, 2018 f arm lake C temolufrxed land U.re Ordiwove Na 131— Page 115
Formatted
i
Formatted
[F-ommtatted T j
I FI ormatted: font: (Default) Tmes New Raman, 10 pt
SECTION 29. STORM SEWER USE
i. Purpose and Intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the
City of Gem Lake through the regulation of non -storm water discharges to the storm drainage system to the maximum extent
practicable as required by federal and state Iaw, This sect ian establ ishes methods for controlling the introduction of pollutanis
into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National PolIulant
Discharge Elimination System (NPDES) permit process. The objectives of this section are:
L To regulate the contribution of pollutants to the MS4 by storm water discharges by any user,
2. To prohibit illicit connections and discharges to the MS4.
3. To eslaNish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures
necessary to ensure compl iance with this section.
2. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and
undeveloped lands unless explicitly exempted by the City ofGem Lake.
3. Res pans ibility far Administration. The City of Gem Lake shall administer, implement, and enforce the provisions of this
section Any powers granted or duties imposed upon the City of Gem Lake may be delegated in writing by the Gem Lake
City Administrator of the City of Gem Lake to persons or entities acting in the beneficial interest of or in the employ of the
City of Gem Lake.
4. Compatibility with Other RegutoWns. This section is not intended to modify or repeal any other section, ordinance, rule,
regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other section,
ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different
from those imposed by any other section, ordinance, rule, regulation, or other provision of law, whichever provision is more
restrictive or imposes higher protective standards for human health or the environment shall control,
5. Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or
paragraph of this ordinance or the application thereof io any person, establishment, or circumstances shall be held invalid,
such invaIidity shall not affect the other provisions or application of this ordinance.
6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards;
therefore this section does not intend or imply that compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutanls.
Updared Augiat 17. 2018 Clem Lake ('nnsrdidxed land Ilse Ordinem" No. 131 — Page 151
ordinance, or that there is a steed to inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public
health, safety, and welfare of the community, then the City of Gem Lake may seek issuance of a search warrant from
any court of competent jurisdiction.
Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use of Best Management Practices. The
owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contatniMaon of storm
water, the storm drain system, or waters of the United States shall provide, at their own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through
the use of structural and non-structural Best Managentertt Practices. Further, any person responsible for a property or premise
that is, or may be, the source of an illicit discharge, may be required to implement, at said persods expense, additional
structural and nonstructural 8MPs to prevent the further discharge of pollutants to the M54. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of storm water assoc Wed with industrial or construction
activity, to the extent practicable, shall W deemed compliance with the provisions of this section. These BMPs shall W pan
of a Storm Water Management Plan (SWMP) as necessary for comp/ lance with requirements of the NPDES permit.
11 Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any known or suspected
release of materials which are resulting or may result in illegal discharges or pollutants discharging Imo storm water, the
storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release, at their own expense. In the event of such a release of hazardous materials said
person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event
of a release of non -hazardous materials, said person shall notify the City of Gem Lake in person or by phone or errsaiI no later
than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to
the City of Gem Lake within two (2) business days of the phone notice. if the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written
record ofthe discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3 ]
years. Failure to provide notifical ion of a release as provided above is a violation of this section.
13 &It and Deicer Storage R uiremeMe. I'm rf owners of commercial_ rnstitutorial, n-NPDES Mmuitied industrial
facilities.musf_em�Jo hell managclncnl practtcxs ltti mtnLmioe the discharge aflglluled runoff from salt and deicer slora
ar�d a�tllcafion as_Itrllciwti
I Desr mated call and deicer storage m covered or indoors ,
? Destenated salt and deicer srorag, arcas must be located on an impervious surface: and
3 1mplememlation of Bes Management Pracl ices iBMI's) to rcducc composurerri when transfene matenal in desiknaled
deicer storage areas I c g . m w e tons di) sionl and or containment L.
I r Violations, Enforcement, and Penalties. +
I. Violations. It shall W unlawful for any person to violate any provision or fail to comply with any of the
requiremers of this section. Any person who has violated or continues to violate the provisions of this ordinance,
may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise
abated in a manner provided by law.
In the evert( the violation constitutes an immediate danger to public health or public safety, the City of Gem Lake is
authorized to enter upon the subject private property, without giving prior notice, to take any and all measures
necessary to abate the violation arWor restore the property. The City afGem Lake is authorized to seek costs of she
abatement as outlined in Section 20.
2. Warning Notice. When the City of Gem Lake finds that any person has violated, or continues to violate, any
provision of this section, or any order issued hereunder, the City ofGem Lake may serve upon that person a written
Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to
immediately investigate the matter and to seek a resolution whereby any offending discharge will cease.
Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged
violator of liability for any violations occurring before or after receipt of the Wanting Notice. Nothing in this
subsection shall limit the authority of the City of Gem Lake to take any action, including emergency action or any
other enforcement action, without first issuing a Waming Notice.
t 1L ,Wed Aagmr 17, 3018 item lake Csvlydaded Lard (Ise pniinwrnr Nn. 131— Page !ja
FornwWWA Font: Bold
Formatted: Font (Default) Times New Roman, 10 pt
Formatted: Indent Lefft,. 0.5, Line spacing: Multiple
1.08 1i, No bullets or numbering
Formatted
For matted: Fnrt, Not Bold
Formatted: Font (Default) Times New Roman, 10 pt
Bold
Formatted: Indent: Left 0.5', Line spacing: Multiple
1.08 li, No bullets or numbering
3, Notice. of Vinlation..Whenever the City of"Gem Lake finds that a persan:has violated a prohibition or faled Io meet
a.jequircInc nt:of This Section, the City of Gem Lake. may order compliance by written notice of viol afion to the
resportsible parson. Such notia6may roqutrc wilhout limitation, at their o.jn.expense:
I. The perfotrirarice of monitoring, analyses; and. rcport4l
2' The elimination of i11icit connections oTdischarges"
3. That vidiiiing discharges, practices, or operations shall cease and desist;
4: The abatement or remediation of storm water pollution or cant aminatioa hazards and the restoration ofany
affected properly -and
5. PayrnentoF.a ctec.lo cvveradministrative:and rcmeiiiation costs: and.
6. The:implemertafioli afsourde control ortrealmeiit F3li4Ps;
If abatement ofa violation indloc restnrition of affected praperly.is inquired, the. notice shall set fo th.adcadIife
within Wrich such remedialion or restoration must be completed_ Said nolice slialI furlheradvise that, should the
violator fail to remediate orres orc within the established deadline, the work will he done by a designmted
governmental agencyora ccwractorand -the expense .thcreofshalI be charged to the violator.
44-i^_ Costs: In addition to (lie other penaltics.pmvided. herein; the City ol'Ciem Lake may recover engineering fees; court
costsf court. reporter s fem. attorney fees, and other expe i5es of litigation or enforcement try an apprtspiiale action against the
person or entity .round to ha.vc viol.aled,this ordinance or the orders, rules, regulations; and permits issued hereunder.
.W. o :Suspehsion of M 4 Access..
i_ EinergencyCcasc:and Desist Qrdors. When the City of ani Lake finds Ihat any person has violated; or.corilinaes
fo violate; any provision of this ordinance, or any order issued hereunder; Or that the persori's past violations are
likety to recur, and that the persons vioIaflonfs) has (have) caused or contributed to an actual or threatened
discharge to the MS4 or watam of the Unitcd States which:reasonably appears to present an imminent. or substantial
endcrmen, to the health. or welfare of persons or to the crrvironmcat„the. Cily oFGem Lake. inay issifc an order to.
the v iolotnr 3inciingit immediately to cease and desist all such violations and directing the violator lo_
r. Immediately comply with all ordinance requirements, and
2, I'ake.such appropriate preventive action as may tie:rteeded to properly address a eoniinuing or threate led
viaiadon; including immediately halting.operations andlortemrinating the discharge:
2. Any person noticed of an emerg ncy order directed to it undcr Ihis Subseclion shall itrntmdiatcly comply and stop or
eliminate its endangering discharge. In the;event ofa discharger's flail nn;.to imined iatefs comply voluntarily with
the emergency order, the City of Gem. Lake rnay.Lake: such steps as deemed necessary to prevent Or minimize harm
to the MS4 or waters of the: United States, andlor endangerment to.Nmn5 or to thecrwirornnenl, including:
jumediate terniination.oea fa@ility's walcrsupply- sciver connection, orother municipal miIitvscrvices, The City:of
Gem I,tike may allov,r the person to rcconmlence its. disc huge when it lurs demo Wrated to the sat isfactiQlr.0fihe
City orGem Lake .that the.period of
endangermertttos passed, unless further terruination.praseedings are initiated
against the discharger under this. Ord inance, A person that is responsible, in whole or ni. parf: for any discharge
presenting imniirtenIend angerment shall submit a detailed'%ritten statement; describing the causes c f Ik harmful
discharge and the measures taken to. prevent any future:occutrence, to the City of Gam Lake. within fine (5) days of
receipt of the emergency order. Issuance of an emcrgency cease and desist order shall not be a bar. against, or a
prerequisite for,:taking any other action agains€ the violator..
3, Suspension Due to Illicit Discharges in Emergency Situations. The City of Uenr Lake may.. without prior not ice_
suspOid.MM discharge access to.a person when such suWpteusiou is necessary to stop an actual or Ibreaielted
discharge which presents or may present:iinmincnf and suhstantiat danger IQ the environment, of is the health or
weJfarc of persons, or to the, MS4.or waters of the ilr> led Slates, If the violator fails to comply mth a suspurision
order I ssued ih an amcrgency,:the City of am Lake may take.sich s€cps as dcamed necessary to.pn;Vent or
:mirtiMize d urn& to the M$4 vrwaters trl'fhe 1jiined States, or lo:minimize danger to persons.
4, Suspension Due.fu the Detecriun of Illicit Dischstble. Any person rlischarbnng to the MS4} ih.vialation ofthis.
section may haveth6r MS4 access terminated if such..fcmtination would abate or reduce an illicit discharge. The
Updated Aug,esr U. 2018 6iem Lake f.'[rnwhdaf d 1 f,md:lise Olklllro we' Ra .I3I -- Jba i. 155
City of Gem Lake will notify a violator of the proposed termination of its MS4 access. The violator may petition the
City of Gem Lake for a reconsideration and hearing.
S. A person commits an offense if the person reinstates MS4 access to premise terminated pursuant to this Section,
without the prior approval of the City of Gem Lake.
14� 11 Civil Penalties. In the event the alleged violator fails to We the remedial measures set forth in the notice of
violation or otherwise fails to cure the vi6atiom described therein within ten (10) days, or such greater period as the City of
Gem Lake shall deem appropri ale, after the City of Gem Lake has taken one or more of the actions described above, the City
of Gem Lake may impose a penalty not to exceed $ 1,000-00 (depending on the severity of the violation) for each day the
violation remains un-remedied after receipt of the notice of violation.
-p-1 N Criminal Penalties. Any person violating any of the provisions of this Section shall be guilty of misdemeanor and
upon conviction thereof shall be punished by a tine of not more than S 000,00 or by imprisonment for not to exceed ninety
(90) days or both-
iX I4 Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the
City of Gem Lake- The notice of appeal must be received within thirty (30) days from the date of the Notice of V iolation,
except in the instance where a Cease and Desist Order is issued as described in Section 13, then the notice ofappeal must be
received within ten (10) days from The date of the Cease and Desist Order. Hearing on the appeal before the appropriate
authority or hisrher designee shall take place within thirty (30) days from the date of receipt of she notice of appeal. The
decision of the municipal authority or their designee shall be final-
lu '�l Enforcement Measures after Appeal- If the violation has not been corrected pursuant to the requirements set forth
in the Notice of Violation, or, in the event of an appeal, within ten (10) days ofthe decision of the municipal authority
upholding the decision of the City of Gem Lake, then representatives of The City of Gem i..ake shall enter upon the subject
private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It
shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government
agency or designated contractor to enter upon the premises for the purposes set forth above -
As 21 Cost of Ahaeement of the N'iulatioFL W ithin torty-five (45) days alter abatement of ilie violation, the owner of IIlL
property will be notified ofthe cost of abatement, inclndingadmfnisirative costs. The piopeny owner may foie a written
protest objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid within a timely
manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal,
The charges shall become a special assessment against the property and shall constitute a I ien on the property for the amount
of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Gem Lake by
reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight
(8) percent per annum shall be assessed on the balance beginning on The first day following discovery of the violation-
G iolations Deemed a Public Nuisance. in addition to the enforcement processes and penalties provided, any
condition caused or pennitted to exist in violation of any of the provisions of this Section is a threat to public health, sa fely,
and wel fare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
' t Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under
any applicable federal, slate or local law and it is within the discretion of the authorized enforcement agency to seek
cumulative remedies. The City of Gem Lake may recover all attorney's fees court costs and other expenses associated with
enforcement of this ordinance, including sampling and monitoring expenses.
= ' I,. , Ef ertive Date. This section shall take effect and be in force from and after its passage and publication.
tWwed Angiat 17, 2018 Gear Lake 0ws4idared Laval (Ise Clvrfmawe Na. 131— Page M
AUTO ORIENTED LAYOUT - Alternative layout standard for Single -Use Buildings and Retail/Office Buildings designed
and intended for occupancy by automotive service business using drive —thru bays, service bays, or a combination thereof.
Note - This is Building Template 15 for the Gateway District.
BASEMENT - That portion of a building that is partly or completely below ground level.
BASEMENT, LOOK OUT - A Look -Out basement has the walls extended sufficiently above ground level so that some of
the basement windows are completely above ground level. For purposes of this definition, the exposed windows must be at least
three (3`} feet in height with the bottom of the window not less than one (V) foot above ground level before that basement shall
be considered a Look Out type.
BASEMENT, WALK OUT - A Walk Out basement (also known as a Daylight Basement) is used on a sloping lot where
typically the rear and/or one of the two sides are above grade and part of the basement is above ground level. Occupants can
walk out at that point without use of stairs, ramps, lifts and the like.
BASEMENT, WALK UP - A basement which has an exterior exit via a stairwell or ramp. Some designs cover the stairwell
with angled basement doors to prevent rainwater from accumulating in the stairwell.
BED AND BREAKFAST (B & B) - A residential building other than a motel or hotel where, for compensation and by
prearrangement for definite periods not more than one week, meals or lodgings are provided for three (3) or more persons, but
not to exceed eight (8) persons.
"Best Management Practices (BMPs)" means the most effective and practicable means of erosion prevention and sediment
control, and water quality management practices that are the most effective and practicable means of to control, prevent,
and minimize degradation of surface water, including avoidance of impacts, construction -phasing, minimizing the length of
time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management
practices published by state or designated area -wide planning agencies.
BIOENGINEERING - The use of live plantings in constructed features to stabilize streambanks and shorelines.
BLADE DIAMETER - The diameter of the circle created by the tips of the turbine blades when a WECS is in operation.
BOARDING HOUSE - A residential building other than a motel or hotel where, for compensation and by pre -arrangement
for definite periods not less than one week, meals or lodgings are provided for three (3) or more persons, but not to exceed
eight (8) persons.
BUILDABLE AREA - A contiguous area of real property within a lot deemed suitable by best engineering practices for
construction of a principal use structure with no part of said area of real property within delineated wetlands, rights -of -way, set-
backs , or easements.
BUILDING - Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when
said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate
building.
BUILDING, COLLAR - Structures accompanying a commercial use with large parking requirements, intended to maintain
storefronts and entrances on the public street.
Note - This is Building Template 14b for the Gateway district.
Updated November 7, 2017 Appendix 'A'
Gem Lake Consolidated Land Use Ordinance Definitions
Page 2
CITY FORESTER - A forester appointed by the City of Gem Lake.
CLEAN WATER ACT - The federal Water Pollution Control Act (33 U.S.C. § 1251 et seg.), and any subsequent
amendments thereto.
CLUSTERING - A grouping of residential or other structures arranged without regard to normal lot lines and set -backs but
with the express intent of preserving open spaces and natural resources for community use, establishing a sense of community
among owners/residents and reducing the cost and impact of infrastructure development and service delivery.
COLDFRAME - An unheated outdoor structure with a frame of wood or similar material and a top of glass or clear plastic,
used for protecting seedlings and plants from the cold.
COLLAR BUILDING - Structures accompanying a commercial use with large parking requirements, intended to maintain
storefronts and entrances on the public street. This is Building Template 14b for the Gateway district.
COMMERCIAL BROADCAST SERVICES - Licensed commercial radio or television services transmitting signals for
reception by the general public.
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES - Licensed commercial wireless
telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR),
enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
COMMUNITY GARDEN - An area of land managed and maintained by a group of individuals to grow plants and harvest
food crops for personal or group use, consumption or donation. Community gardens may be divided into separate plots for
cultivation by one or more individuals or may be farmed collectively by members of the group, and may include common areas
maintained and used by group members.
CONIFEROUS/EVERGREEN TREE - A woody plant which, at maturity, is at least thirty (30) feet in height, with a single
trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round.
"Construction Activity" means activities including clearing, grading, and excavating, that result in land disturbance of equal to or greater than one acre,
including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger cam man plan will
ultimately disturb equal to or greater than one acre. This includes a disturbance to the land that results in a change in the topography, existing soil cover,
both vegetative and nonvegetative, or the existing soil topography that may result in accelerated storm water runoff that may lead to soil erasion and
movement of sediment. Construction activity does not include a disturbance to the land of less than five acres for the purpose of routine maintenance
performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does not include activities
such as repairs, replacement and other types of non -routine maintenance Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and
overtay projects) is not construction activity.
CONTIGUOUS - Areas of real property actually in contact with one another or touching along a boundary and also touching
or connected throughout in an unbroken sequence. Real property separated by a body of water or designated wetland shall not
be considered contiguous regardless of whether the real property under the body of water or wetland has common ownership.
The routing of a driveway through a parcel of real property shall not be considered as separating same so as to snake the portions
created by the driveway not contiguous.
CONDOMINIUM, RESIDENTIAL - the absolute ownership of an apartment or a residential unit (generally in a multiunit
building) based on a legal description of the airspace of the unit actually occupies, plus an undivided interest in the ownership
of the common elements, which are joined with the other condominium unit owners all as provided by state law.
CONDOMINIUM, OFFICE - the absolute ownership of an office or a commercial unit (generally in a multi -unit building)
based on a legal description of the airspace of the unit actually occupies, plus an undivided interest in the ownership of the
common elements, which are joined with the other office condominium unit owners all as provided by state law.
Updated November 7, 2017 Appendix 'A'
Gem Lake Consolidated Land Use Ordinance Defrnidions
Page 4
been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures (such as the use of rip -rap, gabions, or geotextiles) have been employed, or
b) For individual lots in residential construction by either:
(i) The homebuilder completing final stabilization as specified above; or
(ii) The homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior
to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of,
final stabilization.
c) For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final
stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and
drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the final
stabilization criteria in (a) or (b) above.
FLOODPLAIN - The area adjacent to a waterbody that is inundated during a 100-year flood.
FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building including interior balconies,
mezzanines, basements and attached accessory buildings, but not excepting that area primarily devoted to window display,
storage, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and
utility rooms, inside off street parking or loading space. Measurements shall be made from outside of exterior walls.
FOOTPRINT, BUILDING - The building footprint is the area occupied by the horizontal projection of the building's first
floor, excluding the floor area of the attached garages and porches and or decks built as allowed encroachments into setbacks.
FREESTANDING - Any sign affixed in or upon the ground, supported by one or more structural members, with air space
between the ground and the sign face.
"Fully reconstructed" means areas where impervious surfaces have been
removed down to the underlying soils. Activities such as structure renovation, mill
and overfay projects. and other pavement rehabilitation projects that do not
GALLERY - Continuous, unoccupied c. expose the underlying soils beneath the structure, pavement, or activity are not
considered fully reconstructed. Maintenance activities such as catch basin
repairlreplacement. utility repair/replacement, pipe repairlreplacement, lighting.
GARAGE - A structure intended for the and pedestrian ramp improvements are not considered fully reconstructed.- may be attached
to a building or a separate structure, where allowed by building Type Template.
GARAGE - PRIVATE - A detached accessory building or portion of the principal building, including a carport which is used
primarily for storing passenger vehicles, trailers or one (1) truck of a rated capacity not in excess of seven thousand (7,000)
pounds.
GRADING - Changing the natural or existing topography of the land.
GREEN SPACE - An area of real property on a lot which is similar to Open Space, but the general intent is to promote natural
areas. Green Space includes, but is not limited to, wetlands, prairies and grasslands, pastures, forests and wooded areas, mixed
forest and grasslands, landscaped areas exclusive of impervious surfaces within the landscaped areas, or any other naturally
occurring land form.
GROUNDWATER RECHARGE - The replenishment of groundwater storage through infiltration of surface runoff into
subsurface aquifers.
HAZARDOUS MATERIALS - Any material, including any substance, waste, or combination thereof, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Updated November 7, Z0l7 Appendix 'A'
Gem Lake Consolidated Land Use Ordinance Definitions
Page 7
G. Any intensive vegetation clearance (clear cutting) within a shore land area or on steep slopes; or
T Any other significant change in the natural character or topography of the land.
LAND DISTURBING ACTIVITY - Any change of the land surface to include removing vegetative cover, excavation, fill, {
grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion or the movement of
sediment into water bodies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing
activity under these Policies.
LANDSCAPING - Improvement and alteration of exposed ground through the establishment of lawns, gardens, planting of
trees, flowers and shrubs, grading, and other such methods using natural materials.
"Linear project" means construction of new or fully
reconstructed roads. trails. sidewalks. or rail lines that are
LINER BUILDING - onceals from stre� not part of a common plan of development or sale. For --tic-al to design
compliant front of side facades (such as a warehouse , example, roads being constructed concurrently with a new on the ground
Hoax and office and residential uses on the upper floor. residential development are not considered linear projects
pp because they are part of a common plan of development or
NOTE - This is Building Template 14a for the Gateway dist: sale
LIVE/WORK UNIT - Integrated row house style dwelling unit and ground floor working space of at least 3 units arrayed
side -by -side along the primary frontage. Note - This is Building Template 11 for the Gateway district.
LOT - A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance.
LOT OF RECORD - Any lot which is one (1) unit of a plat heretofore duly approved and filed, or one (1) unit of an Auditor's
Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered, for which a Deed, Auditor's
Subdivision or Registered Land Survey has been recorded in the Office of the Register of Deeds or Registrar of Titles for Ramsey
County, Minnesota, prior to the effective date of this Ordinance. An out lot is not a Lot of Record.
LOT AREA - The area of a lot in a horizontal plane bounded by the lot lines.
LOT AREA PER FAMILY - The number of square feet of lot area required per dwelling unit.
LOT, CORNER - A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of
deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five (135) degrees.
LOT DEPTH - The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT IMPROVEMENT - Any building, structure, work of art, or other object, or improvement of the land on which it is
situated constituting a physical betterment of real property, or any part of such betterment.
LOT LINE - A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-
of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance.
LOT LINE, FRONT - That boundary of a lot which abuts an existing or dedicated street, road or private way, and in the case
of a corner lot it shall be the longest dimension on such a street, road or private way. If the dimensions of a corner lot are equal,
the front line shall be designated by the owner and filed with the City.
LOT LINE, REAR - That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in
length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and
at the maximum distance from the front lot line.
Updated November 7, 2017 Appendix 'A'
Gem Lake Consolidated Land Use Ordinance Definitions
Page 10
2. Dog's name, greed (if known), date of birth (if known), color and sex; and
3. Proof that rabies and other vaccinations have been done must be supplied when license is applied for.
3. Service Animal Registration. Reference the Fair Housing Act, 42 USC Ch. 45 and the Minnesota Human Rights Act, Minn.
Stat. Ch. 363A
4. Other domestic Animal Identification. No person shall own, keep, or harbor any other domestic animal (other than a dog)
over the age ofsix (6) months within the City of Gem Lake without providing a method of identification for each animal as
herein provided.
I. Commercially available tags not less tharr one (1") inch square or diameter which identify the owner by name
and/or address and/or phone number; or
Permanent brands or tattoos placed on the animal in accordance with accepted practices and which carry
appropriate owner or harborer registration information: or
Such electronic identification methods including implants, provided a tag or other identification device identifies
electronic registration.
5. Violation. Failure to license your dog will result in a violation. A first violation of Section 4 will result in an administrative
fine of $50M. All subsequent violations of Section 4 will carry penalties as provided in Section 9, paragraph 3.
�� After Domestic Animal
Section S. Owner to Clean Up AfterX—M. domestic Animal
I . Any owner having custody or control of arf
property, public or private, not owned or possessed by such person
shall be responsible for cleaning up any femal and for disposing of such feces in a sanitary manner: and shall
have in their possession, a device or equipking up and removal of anima! feces.
2. Any owner having custody or control of arivate property shall be responsible for cleaning up any feces of the
animal and for disposing of such feces in nner, but in no case shall the feces remain for longerthan a seven (7) day
period.3. The provisions of this Section shall not apide dog accompanying a blind person or to a dog when used in police or
rescue activities.
4. Violation, Failure to clean up after your dult in a violation. A first violation of Section 5 will result in an
administrative Fine of $50,00, All subsequent violations of Section 5 will carry penalties as provided in Section 9, paragraph 3.
Seaton 6. Kennel Operation: Permitted Operations.
1. Personal Kennel Operation. Personal kennels that harbor no more than three (3) domestic animals of various types and
which animals are solely owned by the occupants of the premise and which are over the age of six (6) months are allowed in
the residential districts of the City of Gem Lake. The operators of such kennels are responsible to operate these kennels in
compliance with all of the terms and regulations defined in this Ordinance.
Structure. The kennel structure shall be made of suitable fencing or other materials suitable for containment of the
animal based upon the size and weight of the animal(s).
Location. The kennel structure shall be placed so as to be located as far as possible from neighboring residences
and not less than fifty (50') feet from adjacent property lines.
Section 7.Impounding Animals.
1. Impounding Animals. All law enforcement or animal control officers of the City or under contract to the city are hereby
authorized and empowered to use such force as is reasonably necessary to take up, capture, or restrain and impound any
animal found in violation of this Ordinance. All animals shall be impounded at a Facility which is under contract with the City.
Such law enforcement or animal control officer may enter upon private premises where it appears that there is reasonable
cause to believe that an animal is not being kept, confined, or restrained as herein required.
2. Notice to Owner or Harborer. Immediately upon impounding of an animal wearing any type of identification, the police,
animal control officer or impounding facility officer shall make every reasonable effort to notify the owner or harborer of such
impoundment, and the conditions whereby the owner or harborer may regain custody of the animal. Verbal notice shall be
immediately confirmed in writing by the city's official.
Ordinance No. 140 Domestic Animals Page 4 of 10
City of Gem Lake, Ramsey County, Minnesota
Garbage. and Refuse.
Ordinance No. 45
AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE, RUBBISH., AND OTHER REFUSE
PROVIDING PENALTIES FOR VIOLATION THEREOF.
THIS CITY COUNCIL OF THE CITY O.F. GEM LAKE ORDAINS:
Section I: Purpose. It is the purpose.ofthis ordinance to regulate the.disposai of garbage,.rubbish, and other refuse
in the City of Geri: Lake so as to control rats and. other vermin and otherwise.protect the health oftlieinhabitants and
property located in the City.
Section 2, Definitions. For #.lie purpose of this:ord1nance, the following terms, ph rases;. words,. and '.#heir derivations
shall have the meaning. given herein: NN'lie n'not ineon sistent with the: context; words. used in the present tense include
the: future, words inthe. plural number include the singular number, and. Words. in. the. singular number include the
plural number. The word "shall" is alway s..mandatory and not merely directory.
I. Commercial Establislime.nt. Shall mean any preFnises. where a commercial or. industrial enterprise of any.
kind is carried on and. shall inckide Iiotels and boarding houses, clubs, churches, and establishments of
nonprofit organizations where- food is prepared or -served or goods are sold.
2. Garbage: Shall mean animal and vegetable wastes resulting from the handling, preparation, cooking,
service and consumption of food and shall. also include al I other animal wastes, but shall not include refuse
or hazardous waste.
3. Hazardous Waste. Shall mean hazardous waste as defined in sMinnesota Statutes: Section. ) 16:00,
subdivision .13.
4.. Incinerator. Shal1.mcan arty device sued for: the. destruction of refuse, rubbish, or waste materials by fire.
5. Open Burning. Means the burning. of any matter whcrehy the resultant combustion products are. emitted:
•directly to the atmosphere without passing through an adequate stack, duct, or.chimney,
G. Refuse: Shall include all wastes which. normal ly result from the operation o.ra.hous.ehold, except body
wastes and garbage, including, but not limited to, rubbish, tin cans, paper, cardboard, glass jars, bottles;
wood, grass clippings; Christmas trees, ashes, sod, dirt, tires, rocks,: household construction material,
cement bricks,.trees,.leaves, hedge or tree trimmings, burning barrels. and mesh backyard burners,
household. appliances and furniture, or Any other Household refuse or materiais.smai.l enough for one man to
handle. The. term "refuse" shall. not include hazardous waste., construction material or other waste or debris
resulting from construction or reconstruction.of.buildings and other improvements by contractors, or trees
in excess of six (c).inches in diameter.
7.. Residential Dwelling Unit. Shall mean:any.singlebuild ing.consi'sting of four (4) or less separate dwelling
places, w.idi individual kitchen facilities for each. Any building containing more than four (4.) dwelling
places; with in.div..idual kitchen.. facilities,.shalI be deemed "inultipleAwelIing: residences:"
Section 3. DlsposaI ofG.arhsige:and Refuse. Every tefiAnt, Iessee, owner; or occupan fofeve ryprivate.uweIIing,
house multiple residence, store,. motel, restaurant, arid every other type of property in the city NOich.accumulates
garbage or. refuse or both on such premises shall dispose ofsuch garbage.and refuse as: provided. in this section.
Garbage and refuse shall. be. disposed of at least .once each week from. residential dwelling unit properties. Garbage
and. refuse in. outside storage at any commercialestablishnientshall be disposed of at..least once each week and as
often as.once each day. if necessary to.protect the public health. No person shall accumulate or permit to accumulate
any refiise'on any property in the city which inight constitute.a nuisance by reason of appearance, odor, sanitation,
possible littering of neiigliboring properties, littering of the property on which the refuse 'is. accumulated; attracting.
rats or other vermin, or a fire hazard.
Ordinance No, 45 Garbage and Reltiac
Section 4. Collection., Supervision, and Control. The Gity Caiincil. sliali have The. authority to make regulations
concerning the days o'f collection, type and location of waste.corjWners, and such. other matters pertaining to the
collection, conveyance, and.disposal as. they shall find. necessary,and to change and modify.the saute. Any person
aggrieved by a regulation of the City Council sllall.have the right of appeal to the City Council which shal1.have the
authority to confirm, modify, or revoke any such regulation.
Section 5.. Pre -Collection. Practices.. Grass: clippings, leaves, and other s ui lar refuse shali.be placed in bags or
bundl.cs.not exceeding three (3.) feet in any dimension. and securely.: fastened. to avoid spillage. Household appliances,
and furniture falling within the definition of refuse need notbe so packaged. All refuse deposited for pickup shall be
placed next to the property Iine unless the. commercial private garbage and refuse collector agrees to pick up such
refuse from some other location oil the .premises. Refuseshall be -.deposited at one place, at ground level, on each
property. Refuse and garbage shall not be deposited.ort the traveled roadway on any street or alley. Refuse and
garbage shall not be deposited next to streets or alleys fcr collection prior to 3:00 p.m. on the day preceding the day
of collection and containers and any garbage or: refuse which .is not picked up shall be. removed from. any -such
location on the day of doIIecti.ort...
Section G.. Preparation of.Carbage and Refuse.. Except as otherwise provided in Section 4, all garbage and refuse
as accumulated on any premises shall. be placed nt and maintained containers and shall have drained from it all free
liquids before being deposited for collection andshalI be wrapped or bagged.
Section 7..Contagio.us Disease Refuse. Refuse:suclt as, but not. iiinited to, bedding, wearing.appareI, or utensils
from residential dwelling units or.other.unit"s where highly infections or contagious diseases are. present shall. not be.
deposited for regular collection but shall be disposed of as directed by the. health -officer or his deputy at the expense
of.the owner or possessorthereof
Section 8. Hazardous Waste; Hazardous:Waste.Rep lations. All liazardous..waste,. including but not Iirnited to,
explosive and highly flaminabie material,' shall be disposed of in accordance with applicable laws.and regulations:of
the United. States of America and the. State.of:Miimesota, including.regulations and permit requirements established
:by tile ivfinnesata PoIIution:Ciintrol. Agency and the Minnesota Waste Management Board.
Section 9. I)uty.to Provide and.Maintain Container's in Sanitary Conditions. Garbage and refuse:containers.
sliall. be provided by the owner, tenant, lessee, occupant of the premises or garbage and refuse collector; located in
such a manner so as to prevent them from being overturned -Such containers shall be kept in a clean and sanitary
condition and kept .free fro in any substance which will attract or breed flies, m0squiToes, or other insects. No
.garbage or refuse container shall exceed thirty-two (52) gallons in capacity or have. ragged or sharp edges and. any.
other defect liable to hamper or injure the. person collecting.the contents thereof. Containers not complying with the...
requirements of this ordinance shall be promptly. replaced upon notice. Garbage containers shall be made of metal,
or other suhable.rnaterial, which isrodent,.fire, and waterproof and which will not easiIy corrode and is..equipped
with suitable. handles and tightfitting covers. and slialLbe kept tightly covered when there: is garbage therein. Refuse
containers shall b.e.oFa kind suitable for collection purposes -and shall be.ofsuch size and weight that they can be
handled by one. man.:and. kept tightly covered when there is refuse therein..
Section 16. Multipie D►v.cllin.b Residences. Multiple: dwelling residences shall either :be equipped. with refuse
containers and refuse pickup. service as provided in this paragraph 10 or.be equipped with. a. commercial incinerator
complying with the requirements of'the 1Vlinnesota. Pollution Control Agency. Refuse c4ntainers.provided as:an
alternative to or in. addition to such incinerat ion .shalI be at. l.east .one ( 1) cubic yard in capacity,. shall be conveniently
located in relationship to the residence units for which they are providod, sha11.be: water -tight and rodent -proof with
self -closing lids and.shall bekept in an enclosing structure concealing them from.publiic view. Such structure shall
have a raised concrete floor and shalt be surrounded by a concrete barrier curb. Such structure shall be kept in.a state
of good repair at -all times. The refuse containers shall be located so. that their contents are inaccessible to:at least
thred .(3) feet above the base. of the enclosing structure. The owner or operator of such multipledwelling residence
s.haII provide for garbage pickup from such containers each day.: Refuse, debris, garbage and other waste materials
shall not be permitted to :be.accumulated. in or near the enclosing structures (except in the containers)..There shall be
daily cleanup in and. around each such .enelos.ing structure:
Ordinance No, 45. CGarbage and IteFusc
Section 11. Corn tnercistl Establishments: The owner or occupant: of any commercial establishment or any other
property whicli.provides. a volume of garbageor refuse or both, which requi.res.garhage and refuse pickup more
frequently than once a week, shall also comply with 1he.provisions of the foregoing Section 10,
Section 12. Disposition by Burning;.Air Pollution Control. Regulations: No person shall dispose of garbage or
refuse by burning except in accordance with appIicab.ls state law and regulations, including the Cori diti6ns of arty
open burning peririit obtained for such purpose. The regulations of the Minnesota Pollution .Control Agency, which
Itiave.been adapted and .incorporated by reference by City Ordinance No...44 require that.a permit be secured :for open
burning.
Section 13: Vehicles for Hauling Garbage and Refuse: All persons hauling or conveying garbage or refuse over
the streets in: tlie :city shaIIiise a vehicle provided with a tight cover and so operated and maintained: as to prevent
offensive.odors. escaping therefrom and garbage. Or refuse from :being blown;. dropped or spiIled front the vehicle:
Any such vehicles she.[ Ybe kept clean and as. free.. from.. offensive odors as passible, anal, if customarily used .for the
hauling -of garbage or refuse, shall not be allowed to stand fit any. street, alley, or other place.. longer than is
reasonably necessary to collect garbage: and. refuse. Any vehicle.customarily used for such purposes shall be kept in
a clean and sanitary condition. and shall be thoroughly.disinfected at.least once each week unless the. -same has not
been used since the last disinfection thereof.
Section 14. Flours for Hauling Garbage and Refuse. No person engaged in hauling refuse orgarbage for. hire
within the.city shall do. so after eight thirty. o'clock.p.m. of before six thirty o'clock a.m, on any slay. There. shall .be
no garbage or refuse pickup .from residential dwelling.units.on Sunday:
Section 15. 1nspeetiom Each vehicle engaged in hauling garbage or refuse in the.city shall be subject to inspection
by the city at all reasonable. times. Any such vehicle, whiie.it is used in.the. city, shall have the:name ofthe owner
clearly printed on both sides.
Secfion 16-0bligation of Commercial Collectors.. A commercial garbage and refuse collector shall pick up any
garbage and. refuse of his customers which has been deposited for collection, in the manner provided by this
ordinance.
Section 17. Disposal of Garbage and Refuse; Solid Waste Disposal. Regulations. No person shall disposc;of
garbage or refuse upon any property in the city except. at a sanitary landfill site, resource recovery facility or other
mixed solid waste disposal facility; approved in accordance with applicable law. including Minnesota Statutes
Sections 473.901 to.473.834, and the rules. and regulations of the Minnesota Pollution Control Agency. Pursuant to.
Miiutes0ta.5tatutes.Section 471.62, the Solid WAste.DisposaI Regulations; of the Minnesota Pollution Control
Agency are hereby adopted: by reference.
Section 18. Storage. of Garbage and Refuse Containers. Garbage cans and. other garbage and refuse containers,
shall be so located. as. to .be out of the. public view, insofar as. possibl.e.; except on the ciay.of pickup.
Section 19. Penalties. Any person violating ariy of the provisions of.this ordinance shall be guilty of misdemeanor
and, upon coriviction.thereof, shall be fined in an amount not to exceed $700 For each violation or both,
Section 10. EnActment. This Ordinance No...45 was enacted and placed .in full force and effect. on 15 August 1983
by a unanimous vote of.tlie Gem Lake City Council,
CERTIFIED COPY
0Fdiname. ho. 45.Garbage -rid Refuse:.
Chapter 627 SOLID WASTE
ARTICLE 1. - IN GENERAL
Secs. 62=1-62;1.8. - Reserved.
ARTICLE ]i..- COLLECTION AND. DISPOSAL
DIVISION 1. - GENERALLY
Sec. 52=19. - Definitions:
The following words, terms, avid phrases, when used in this article; shall have the meanings ascribed to
them 1n this section, except where the context clearly indicates a different meaning:
Commercial. establishment means any premises where. a commercial or industrial enterprise of any kind
Is carried on. This Includes restaurants; clubs, churches, and schools where food is prepared or served.
Construction debris means Waste building materials; packaging, and rubble resulting from coristruction,
remodeling, repair, and demolition of buildings and roads.
Farm waste means the by-product fromthe managed production of agricultural produce, to include
cropping,. raising of livestock, dairy production a'nd poultry operations.
Garbage means a I I putrescible wastes, excluding animal offal and carcasses. of dead animals, human
excreta sewage and other water -carried wastes.
Major appliances means clothes washers and dryers, dishwashers, hot water heaters, heat pumps,
furnaces, garbage disposals, trash compactors, conventional and microwave overis, ranges and stoves, air
Conditioners, dehumidifiers, refrigerators, water softeners, and freezers.
Mixed municipal solid waste (Msw) means.garbage, other refuse, and other solid waste from residential,
commercial; industrial, and community activities that the generator of the waste. aggregates for collection,
but does not include auto hulks, street sweepings, ash, construction. debris, mining wastes, sludges, tree
and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials
collected; processed, and. disposed of as separate waste streams; but does include source -separated
compostable materials..
Mixed residential dwellingmeans any building used for residential purposes consisting of more than four
dwelling units with individual kitchen units for each:
Organic farm waste means crop residue and manure.
Other refuse means ashes; non recyclable glass, crockery, cans; paper:, boxes, rags, and similar
nornputrescible wastes, but excluding sand, earth, brick; stone, concrete, wood., and problem materials asr
defined 1n Minn. Stats. § 115A,03, subd. 24a.
Recyclables means materials which may be recycled or reused through recycling processes including
targeted recyclables.
Residential dwellingmeansany single building consisting of four or less dWelling.units with individual
Kitchen facilities for each.
Solid waste rnean5 garbage, refuse, sludge from a water supply treatment plant or air contaminant.
treatment facility; and other discarded waste materials and sludges; in solid, sernksolid, liquid, or contained
gaseous form, resulting frorn industrial, commercial, rnining:and agrico kuraI ❑perations, a.nd from
community activities, but does not include hazardous waste; anima1.waste used as fertilizer; earthen fill,
boulders, and rocks; sewage sludge; solid or dissolved material in domestic sewage or other common
pollutant in water resources, such as. silt, dissolved or suspended. solids in industrial wastewater effluents
or discharges which are point sources subject to permits under Section 402 of the federal. Water.Pollution
Control Act,. as amended; dissolved materials in irrigation return flows; or source; special nuclear, or by
product material as defined by the Atomic Energy Act of 1954, as amended.
Special pickup means any coIIection of materials other than garbage, refuse, recyclables; waste, major
appliances, furniture, oversized mate rials,,and cor}struction debris,
Targeted recyclables means metal beverage containers, tin cans, glass containers (clear, green and
brown glass containers and excludes all window pane glass), newsprint, glossy magazines; corrugated
cardboard, carltractor batteries, or other materials as defined by co.u.nciI resolution,
Tree waste means tree limbs, trunks, and hard brush.
Yard waste: m ea. ns. ga rd e n wastes; leaves, lawn cuttings, weeds, shrub and tree waste, and prun1ngs,
(Prior Code, § 1 a5-030)
Sec. 62-20. - purpose and intent.
It is the intent of the city council, by means of this chapter, to establish a systern. of complete regular
garbage, refuse, major appliances, recyclables, and yard waste collection throughout. the city in order to
ensure that the disposal of such materials is accomplished in a sanitary manner, safeguarding the health of
the residents of the city, and to implement the state's recycling -and solid waste reduction mandates,
(Prior Code, § 10.5-01 q)
Sec. 62-21. - Disposal generally.
(a) All persons are required to make adequate provisions for the. sanitary disposal of mixed
municipal solid Waste (M511V) by means of a] ice n sed private collector unless they have provided
for adequate means of disposal which meets the approval of the city council; .and which comply
with all ordinances and regulations of the city, county, and state.
(b) It sha#I be unlawful. for any person to. #ail to dispose of MSW that may accumulate upon property
owned or occupied. by a person at least once every 14 days. Every person who fails or refuses to.
make provisions for and secure disposal of such shall be guilty of a misdemeanor.
{c) It shall be unlawful for any person to dispose of yard and tree Waste 'into the MSW waste stream.
Yard waste shall be disposed of by:
(1.) Contracting with a licensed private collector to haul the.yard waste to a. county -approved
compost: site.
(2) The resident transporting the yard waste to an approved compost site.
(3) Corrmposting.the yard waste on the resident's property.
(4) Burning to be in compliance with ordinance.
(d) It shall be unlawful for any person to permit. MSW to be removed from his property by an
unauthorized or unlicensed collector.
(e) Major appliances may be collected by a licensed private hauler; or by a.state pollution control
agency -approved appliance collector.
(f) Residents of residential dwelling units are required -to separate targeted. recyclables from the
waste stream for recycling.
(g) It 5ha11 be unlawful for a licensed private collector to pickup garbage and other refuse which has
not had recyclables removed for separate pickup.
(Prior Code, § 1 a5-040)
Sec. 52-22. - Exception.
Nothirig: in th15'section shall prevent. persons from hauling mixed municipal solid waste.(ii11SW) or other
waste from their own residences or business properties; provided the foil owing rules are observed:
(1) The disposal method must ensure that all waste will be deposited into a licensed,
environmentally safe landfill, or resource recovery facility..
(2) That all garbage ishauled in containers that are Watertight on all sues and the bottom, and
with tightfitting covers on top.
(3) That: aII other refuse and. re.cyclables are hauled in vehicles with leakproof bodies and
completely covered or enclosed by canvas or other means of material so as to completely
eliminate the possibility of 1oss of cargo.
(4) That recyciables be disposed of ata. recycling facility, an organized recycling drive, ❑r.thr.ough
a licensed recycling hauler.
(5) That yard waste may be composted privately, be disposed of at an approved cornpusting
facility, or through a licensed garbage and refuse hauler.
(Prior Code, §.105-010)
Sec. 62-23. - Littering.
The discharging or depositing of mixed municipal solid waste (MSW) on any street, alley; drive, park,.
playground, ❑r other public place or any privately owned lot in the city by any person is unlawful. MSW is.the
responsibility of the property owner until such time as trash is collected by a licensed hauler.
(Prior Code, § 105-050)
State Law reference— Littering, Minn. Stats. § 609.08.
Sec. 62-24. - Scavenging prohibited.
It is unlawful for any.person to scavenge ❑r otherwise: collect mixed municipal solid. waste (MSW) or other
recyclable materials at the curb:orfrom. recyclable. containers with out. a licensefrom the city arid. an account.
relationship .with the owner of the premises.
(Prior Code, § 105-06 )
Sec. 62-25. - Storage and placement for collection.
(a) Platted residential.areas of the city shall have mixed municipal solid waste(MSW) placed at
curbside on the day of collection. In platted estate and rural areas of the city, containers and bags
may be placed at the end of the driveway on collection day..At all other times the. containers shall
be so located, insofar as possible, out of public view in a secure place.
(b) Any solid waste container exceeding 75 gallons in size, and located on property used for
purposes other than single-family residential, shall.be contained within a building or within a
secure area width has an impermeable floor surface. and is enclosed and screened within a 90
percent or greater opaque wooden or metal fence or masonry wall not less than six feet in
height, having a. gate or doorway which remains closed except for access purposes. All enclosures
must be large enough to allow for storage of recyclable material containers.
(c) All containers for garbage; other refuse, and yard waste..shall be made of meta 1.or other suitable
material, which is rodent- and waterproof, and. fire resistant, and which. will not easily corrode..
Containers shall be kept tightly closed. Garbage, other refuse, recyclables, and yard waste may be
kept in a plastic bag of such strength that the contents therein will not rip, tear, or puncture the
,plastic bag.
(d) All yard waste to be picked up by a licensed hauler shall be placed in separate bags or containers,
and:shall not contain garbage, other refuse, recyclables, or major:appliances..
(Prior Code, § 108-154)
Sec. 62-26. - Farm waste.
(a) In order to protect the public health, carcasses. of domestic livestock shall be discarded in
accordance with state law and requirements of the county department of health.
(b) Organic farm waste: may be composted or integrated into the soil to improve soil conditions for
agricultural operations.
(c) Farmers subject:to Minn, Stats. § 17135 may burn or:bury sol.ld waste generated. from their
farming operations, or from their individual household, on. their farm, subject to the following
conditions:
(1 j : Ail burning of solid waste is:performed in compliance with chapter 34 and applicable state
laws.
(2) All burying of solid waste shall be done in accordance with state law and requirements of the
county department of health.
(3} .All burying and burning of solid waste shah be performed in such a manner that no material
ih solid, semisolid, liquid or gaseous form is released into surface waters, groundwaters, or
the atmosphere, which because of its quantity, concentration, chemical or infectious.
Characteristics, may cause,: or significantly contribute to an Increase in mortality,. or an
increase in serious,. irreversible, or incapacitating reversible illness, or pose a substantial
present or potential threat to human health or the environment.
(4) All burying and burning ofsolid waste shall be performed in such manner and location that
the site of'the burying or burning does not become a breeding or nesting site for rod ents,
vermin; ❑r wild animals, or attract rodents, vermin, or wild an1rha15. on a recurring basis.
(Prior Code, § 1.05-150)
Secs. 62-27-62-5S: - Reserved.
DIVISION 2. - COLLECTION LICENSE
Sec. 62-56. - Solid waste collection license.
No person shall collect mixed municipal solid waste (MSW) from residents within the city without first.
securinga license from the city. The city council, in the interest of maintaining healthful and sanitary
conditions in the. city, as well as to protect the public infrastructure, hereby reserves the right to limit the
number of licenses to seven.
(Prior Code, § 1.05-080)
Sec.. 62-57. - License requirements.
In order to avoid disruption of collection services to businesses and residents of this'city,.licenses.wiII
first be made,avaiIable to those haulers in good standing which are operating in the city at the time of
enactment.of the ordinance from which this chapter is derived. All persons engaged in the business of solid
waste collection in the city must.have a I'icense, Each licensee and hauler shall be subject to the following
restrictions:
(1) The. license shall be valid for one year, and shall expire on December 31 each year,:unIess
revoked.sooner.
(2) The License is nontransferable, .unless approved .by the city council, The Licensee shall not be
entltled to a. refund of any license fee upon revocation or voluntarily ceasing to carry on the
license activity.
(3) An applicant fora license shall make application to the city clerk through forms and
procedures prescribed by the city clerk. The.application for a Iicense.shall contain, as a
minimum, the following information:
a. The name, phone number, and current.address of the applicant.
b.. A list of the eplaces to which the solid. waste and/or recyclables are to be hauled.
C. Information. about the location and method of storage of collected recyclabie materials,
including evidence of compliance with all city, county, state, and federal laws and
regulations.
(4) The.annual license fee shall be as established by the city council,
(5) Applications for license renewal must be received by the city clerk by November.1 of each
year for renewal of the license for the following.year. Renewal applications received. on or
after.November 1 will be administered as an application for a new license.
(6) The city.elerk shall issue license renewals after:
a. The applicant has completed and submitted all required farms and applications.
b. The applicant has provided proof of insurance, as require d.0rid er section 62=58:
c. The applicant. has paid to the city the required license fee.'
11
In the case of a license renewal, the clerk has deterMined that the applicant is operating in good. standing
with the city by:
1. Veri.fying.that all written complaints received from .residents or business owners of the
.city regarding the applicant's service under the terms and conditions of the license
have been resolved or are likely to be resolved in the near future..
2. Verify. ing.the. applicant has performed to the. standards and conditions of the: license.
(7) The city clerk shall issue a new license, ❑r transfer own ers€iip. of a license, upon completion. of
the following:
a. Receipt from the applicant of all required forms and applications,. fully completed.
b. Receipt of the requi.red.proof of insurance,..as required under section 62-58.
c. Receipt from the applicant of the required license fee.
d. In the case of an initial application by a new licensee, said licensee shall be. required to
deposit a investigation fee in the amount established by the city council,.
e. Corn pletion of a background investigation report determining the applicant's abiIity to
provide adequate and reliable service under the conditions of this division.
f. Approval of license. issuance, or transfer of ficense,'by the city council..
(Prior Code, s 105=0.90).
Sec, 62-58.. - Insurance requirement.
An applicant must obtain all. the insurance required by this. section. All costs. and expense are the
responsibility of the applicant. All insurance coverage issubjectto the approval by the city. For a license to
remain valid, insurance coverage must be maintained by the Iice. nseed.uring the term of the license. No
work under this license shaII be comrnenced unti€ the following. requirements have been satisfied:
(1) The licensee shall obtain and maintain statutory workers' compensation insurance and
employers' liability insurance as required under -the laws of the. state and shall hold.the city
free and harmless from all liability from any cause that may arise by any reason of injuries to
any employee of the licensee.
(2) In the event the licensee is the .sole .proprietor and has not elected to prrovide workers'
compensation insurance, the licensee shaft be required to. execute and submit an affidavit of
sole proprietorship: in a form satisfactoryto the city or provide satisfactory evidence of self
insurance according to law.
(3) The license applicant must present proof of insurance on each vehicle with an insurance
company licensed to do business in the state, The minimum limits of the policy shall. be
$200,OOO,00 for bodily injuries. or death of one person, and $600,000.OQ:for any one accident
resulting in injuries and/or death of more than one. person, and a total of $200,000.00 for damages to
property of others arising out of any accident.
(Prior Code, § 105-1.00)
5ec..62�59. - Dut es.and obligations of the licensed hauler:
All haulers of waste products and materials shall comply with the following: operational requirements,
Failure to observe these provisions may be a basis for suspension orrevocation of a license.
0 ) The licensee shall operate in a .mariner consistent with its application materials, and shall
provide notice to the city within ten days. of any change of the information; forms, or
certificates filed as part of the application process.
(2) The licensee. shall comply With. a.lI city, county, :state and federal laws and. regulations.
(3) No collection of mixed murticipal solid waste. (MSW) shall be made. except between the hours
of 7:00 a.m. and 5:00 p,rri., Monday and Friday. Operation during these hours may have
service moved back or forward one day to accommodate recognized national holidays, poor
weather conditions, and natural disasters. Customers. shall be reasonably notified of the
specific day for the collection of their MSW, and the licensee shall collect.the materials on
those days. Multiple residential dwellings and manufactured home parks are not restricted to
these days of collection where combined collection service is provided through a
homeowner's association or facilities management firm,
(4) The licensee shall offer customers,. at minimum, a three_tiered rate./volume option, -where the
rate charged for the collection of materials increases with the volume collected. At a
minimum, rates will be set for the following categories:
a. 30=gallon service.
b. 60-gallon service,
c. 90-gallon service.
d. Recyclable collection.
.e. Major appliances.
f. Yard waste service.
(5) Each licensed MSW collector shall use only vehicles and .equipment so constructed that the
contents will not leak or spill. The vehicles and equipment shall also be kept.clean and as`free
from offensive odors as possible, and shall not stand in any public place longer than is
reasonably necessary to collect MSW- The licensee shall also ensure that the immediate
collection site is left tidy and free of litter.
(6) The licensee shall offer- service to every resident in the city who desires such service from the .
licensee; at a consistent rate by volurne as defined insubsection (4) of this section.
(Prior Code, § 105-110)
Sec. 62-60: - Suspension or revocation of a license..
The city council may suspend or revoke the license of any licensee, whose conduct is found to be in
violation of this division,. or which poses a threat'to the publit's health, safety, or welfare. Such revocation or
suspension may orily.occur following a public. hearing, of which the licensee has received prior notice.
Sufficient notice to the licensee shall be a written. statement of the date, time, location, and.purpose of the.
hearing, deposited,. postage paid, with the U.S. Postal Service, at least ten days prior to the hearing, and
addressed to the licensee's business address, as listed on the licensee's most recent application fora
license, license renewal, or written notice to th'e city of address.change.
(Prior Code, § 105-1.40)
Secs. 62-61-62-78. - Reserved.
DIVISION 3. - RECYCLING
Sec..62=79. Mandatory recycling for solid waste haulers.
(a) Each. licensed mixed municipal solid waste (MSW) hauler shall provide its customers with an
opportunity to recycle through weekly or bi-weekly collection of targeted recyclables.
(b) The curbside collection of targeted recyclables sha[1.be on the same day as the collection of other
materials, but may occur at a different time within that day. The targeted: recyclables collection
shall .be from a location at or near the customer's collection paint for other materials or sortie
other location mutually agreeable to the hauler and the customer.
(c) At a rniniimurn, the materials Collected shall he those designated as. targeted recyclables by the
city.
(d) In each instance where a licensee does not collect recyclable materials from a residence or
business, adequate notification as to why the recyclable material was not picked up must he left
with recyclable materials left at the curbside.
(e) The licensee is also deemed the owner of the recyclables upon collection. The licensee is
responsible for marketing or disposing of targeted recyclables to the appropriate recycling
facility.
(Prior Code, § 105-120).
See. 62-80. - The process. for designated targeted recyclables.
Additional recyclable materials maybe designated as recyclables by resolution of the city council after
the effective date of the: ordinance from which this chapter is derived. The designation process will be as
follows..
(1). Each licensed collector shall be given 90 days' notice of the proposed additions to the list of
targeted recyclables. The notice shall specifically describe the designated material proposed
for addition, and describe how.the addition might affect the duties and obligations of the
licensee.
(2) Each licensed collector shall also be given written notice of at least ten days in advance of the
time arid date of the council meeting that will consider the proposed addition to a list of
targeted recyclables.
(3) Notice shall be given by regular U.S. mail to the address:provide d on the most recent license
application.
(Prior Code, § 105-134)
LA6S5
CHAPTER 2
GARBAGE AND REFUSE1.
SECTION.
4-2--1: Definitions
4_2_-.:2: Disposal Of Garbage And Refuse
4-2--3: Collection, Supervision And Control
4-2---4:. Pr.e.collec:ticn Practices
4-2----.5: Containers
4--2--6:: Multiple Residence Units
4---2--7 Commercial. :Establishments
4-2- 8: Air Pollution Control Regulations
4-2--9:..Private Composting
4-2--10: Vehicles For Hauling Garbage And Refuse
4-2-1.1. Garbage And Refuse Collectors
4 --2 -12 : D.i s p.o.s a.l Facility
4-2-13: Fines and Revocation
4-2-14 Penalty
4--2---1.: DEFINITIONS::
4-2 (1)
For the purpose of this Chapter, the following. terms, phrases,
words, and their derivations shall have the meaning given hereiri.:
When not inconsistent with the context, words used in the present
tense : include the future, words in the plural number include The
singular number, and words in the singular number include :the
plural number. The word.shall is always mandatory and not merely
directory:
COMMERCIAL ESTABLISHMENT: Any premises wherea commercial: or
ind.ust.rial.enterprise..of any kind is .carried on, and shall
include :clubs, churches and establishments .of nonprofit
organizations where food is prepared 'or served or goods are sold.
GARBAGE: All .p.utrescibl.e animal and vegetable wastes resulting
from the handling, preparation., cooking:, service and consumption
of food including containers or wrappers wasted along with such
materials; but not including recyclable materials.
:INCINERATOR: Any .device used for the destruction of refuse,
rubbish, or waste materials by fire.
LICENSED PRIVATE GARBAGE AND REFUSE -COLLECTOR. Any person holding
a valid license from the City for the collection of .garbage and.
refuse .
MIXED. MUNICIPAL SOLID WASTE: Shall have the meaning given it in
Minnesota. Statutes Section 11.5A:O3., Subdivision 21.
I. M.S..A. § 41.2..221,. subd. 2L
L..A5.05
4-2 (2)
OPEN. BURNING: Burning of any matter whereby the resultant
combustion products are emitted directly to the open. atmosphere
without passing through. an. adequate stack." .duet, or chimney.
PUTRESCIBLE:Liable to: become putrid..
RUBBISH: All nonputrescible solid.wastes, but not i.ncl.udin.g
recyclable mat-erials.
RECYCLABLE MATERIALS:.Mat.erials that are separated from :mixed
municipal solid wastefor the purpose of :recycling, including
Paper, glass., plastics, metals, automobile oil, and batteries.
REFUSE: Garbage., rubbish and all .other put.rescibl.e and
nonputrescible wastes, except sewage and water -carried trade
wastes, bu.t.n.ot including recyclable materials..
REEIDTNTI.AL DWELLING UNIT: Any single building consisting .of four.
(4) or less: separate dwelling un:i.ts with individual kitchen
facilities for each. It also includes any boarding house in a
residential district. (Ord. 11, 7-7-1970)
YARD WASTE:. Means garden wastes., Leaves:, lawn cuttings, weeds,
Shrub and tree waste, and p.runings.
4--2--2: UIsPaSAL OF GARBAGE AND REFUSE:
A. Disposal Required: Every tenant, lessee, owner, or occupant of
every private dwelling:, house, multiple residence, store, motel,
restaurant, and every other type of property in the City shall
dispose :of such garbage and refuse as provided in this Chapter.
B . Minimum Disposal Requirements.:
1. Collection Required:.: Unless otherwise exempt pursuant: to
subdivision 2 hereof, each re;sid.en:ce,. multiple dwelling, and
commercial establishment in the. City shall :contract with a hauler
licensed by the City. for at least weekly collection of garbage
and rubbish..
.2. Exempt.ibn:s: A residence., multiple dwelling, or commercial.
business may be exempted from the -requirements of subdivision 1
hereof upon demonstrating to the satisfaction of the City that an
environmentally sound alternative method of solid waste disposal
will be u:sed. Application for an .exemption will be. made on a:form
provided. by the City. The .application shall be reviewed by the
City Administrator: who shall approve. or deny the: application and
shall notify theapplicant, in writing, of the decision. The
exemption must beapplied for every two years. Any applicant
aggrieved by the de:cis:ionof the City Administrator. may appeal
that decision to the City Council within ten (10) days of the.
date of the written notice. The. City Council. shall hear the
LA:6: 0 5
4--2 (3)
appeal at a regularly scheduled meeting.
C.. Accumulation Prohibited.: No. person shall accumulate or permit
to accumulate. any :refuse .on. any property in the .City which might
constitute a. nuisance by reason: of appearance, odor., sanitation,
pos.sib:le litterin.g:of:-nei:ghbor.in.g%pro.perties.., littering of the
property on which the. refuse is accumulated, or a fire hazard.
(.Ord. 11., 7-7--19.70)
4.--2-..3.: COLLECTION, SUPERVISION AND CONTROL;
A. Authority To Regulate: The City Council shall have the
authority to make regulations concerning the. clays of collection,
:number of licenses in the city, type and locatia.n of waste
containers. and .such other matters pertaining to the. collection,
c.onv.eyance,.and di.spo:sa.l as it s.hall.find necessary, .and to
change and.mod.ify the. same.
B. Right To:Appeal: Any person aggr.ieVed.by a regulation.of.the
City Council shall have t.he.right of :appeal to the. City Council
which shall have the authority to :confirm, mo.dif:y, or revoke any
such regulation. (Ord. 1.1., 7--7-1..97t7.)
4-2.-4: P:RECDLLECTION PRACTICES::
A. Preparation O.f.Garbage'pr Re.fu;s.e: Grass clippings, leaves, and
o.the.r similar refuse. shall be placed in bags or bundles not
exceeding three feet (31) i.n any dimension and securely.fasten;ed
to avoid spillage... Household appliances and furniture falling
within the definition of refuse. .need notbe. so packaged.
E. Placement For Pickup:. Refuse shall_ be deposited at one ;place,
at ground level, on each property. Refuse and garbage shall not.
be deposited. on the traveled roadway`of any street.
C....Time .Of Placement; Removal.: Refuse and garbage shall. not .be
dep.os.ted next to streets. for collection prior to: six o'clock
(6:00.) P..M. .on the clay .preceding the :day .of coll.ec.ti:an., and
containers. .and any garbage..or refuse which is not picked upshall
be removed from any such location on.the day of collection.
D. Containers, Wra:ppin.g Or Bagging Required: Except as.otherwi.se.
provided in subsections A, S and C, all .garbage and refuse as
accumulated on any premises .small be placed and maintained in
containers and shall have .drained from it all free liquids bef.or.e
being deposited .for collection and shall be wrapped or bagged.
E. Explosive or. Highly Flammable Material: No explosive or highly
flammable material shall be so deposited.. Such material shall be
disposed of as directed by the .Fi-re Inspector at. the: expense of
the owner or possessor thereof.
LA605 4-2 (4)
F. Contagious Eisea:se Refuse.:. Refuse. .such as, but not limited to.,
bedding, wearing apparel, or utensils from residential dwelling
units or other units where highly infectious. or contagious
diseases are. present shall :not be deposited for regular
collection but. shall be disposed of as directed by the Health
Officer at the expense of the owner or possessor thereof. (Ord.
1.1, 7--7-1970)
4-2-5 : CONTAINERS
A. Provided By Licensed Private Garbage and Refuse Collector -
Garbage and refuse containers shall be .provided by the licensed
private: garbage and refuse collector and located in such .a manner
so as to prevent. their from being overturned..
B. Sanitary Condition: Such containers shall be kept in a clean
and sanitary condition and kept free from any substance which
will attract or breed flies,mosqui.toe.s., or other insects.
C: Size.and Type: No garbage or refuse container shall exceed
ninety (90) gallons in .capacity or Have ragged or sharp edges or
any other -defect. liable to. hamper .or injure the person collecting
the contents thereof. Containers shall be made of metal., or
othersuitable materia:l,which is rodent, fire, and waterproof
and :which will not easily corrode .and is equipped with suitable
handles and tight -fitting covers and shall be kept tightly
covered w.he'n. there is garbage therein.
O. Nonconforming Containers: Containers not complying with the
requirements .of this Chapter shall be promptly replaced upon
notice.
E. Storage Of Containers: Garbage cans and other garbage and
refuse containers shall be so located as t`o be out .of the public
view, insofar as possible, except on the day of pickup. (Ord. 11,
7-7-1970)
4-2--6: MULTIPLE RESIEiENCE UNITS:
A. Pickup Service Or Commercial Incinerator Required-: Multiple
residence units having more than four (4) family units shall
either be equipped.:wit.h refuse containers and refuse pickup
service as provided .in this Chapter or be.equi.pped with. a
commercial incinerator complying with the requirements of the
Minnesota.Pollu..tion Control Agency arid. licensed by the City -as
provided in thi:s Chapter.
B. Containers:. Refuse cont.aine:rs:provided as. .an alternative to or
in addition to such incineration shall be at least one cubic. yard
in capacity, shall be`.conven:iently located in relationship to the
residence units for .which they . are pr ovi.ded, shall .be watertight
and rod.entpr:oof with self -closing lids and shall.be kept.in.an
LA6.05
4-:2 (5)
enclosing structure concealing them from public view. Such
structure shall be kept in a state :of good repair at. all times:
Refuse, debris, garbage and other waste materials shall not be
R.erm.itt.ed to be :accumulated i,n.'or.near the enclosed structures
(except in the containers) There shall .b.e daily cleanup in and
.around each such e.nclosed.struc.ture. (Ord. 1I., 7-7-19'70)
4-2=7:. COMMERCIAL ESTABLISHMENTS:
Th.e.owner .or occupant of any commercial establishment or any
other property which proftQe.s a volume of garbage or refuse or.
both., which requires :garbage and refuse pickup more frequently
than once each week, shall also comply wi.th.the provisions of
Section 4-2-6 6 of this Chapter. (Ord. 11, 7-7-�-1970)
4-2 8.: MI.NNESOTA.ATR.PnLLUTION CONTROL AGENCY REGULATIONS
ADOPTED.:
A. Regulation Adopted: Pursuant. to Minnesota Statute Section
471..62, subject to specific.modifications and additions. contained
herein., the: City hereby adopts .by reference Minnesota.Rules
Chapter 7009.(Ambient. Air Quality Standards),. as amended.
4--2.-9: PRIVATE COMPOSTING
The private: composting of yard wastes and vegetable matter is
permitted if the.follq:wing conditions are met:
A. The compost pile shall be located in the rear yard of a lot
and out of the pubi:ic view, insofar. as .possible..
B. The compost pile shall be managed so as to prevent the
scattering of yard wastes or other material.
C. The compost pile shall be managed in a:manner to prevent odor,
harborageof animals., and the stockpiling of.mate.rial which doe's
not readily decompose within a calendar year including but not
limited to refuse., fibrous materials.,. and prunings.
p. Only -the yard waste and vegetable%matter which are produced on
the premises can he composted on the .premises.
4--2-10: VEHICLES FOR HAULING GARBAGE AND REFUSE:
A. Cover Required: All person-s.haul.i.ng or conveying garbage or
refuse over the streets of. the City shall use a vehicle provided.
with a .tight caves and so operated and maintained as to prevent
offensive odors esc.api.ng. therefrom and garbage 'or refuse from
being blown, dropped or spilled..from the vehicle,
LA6..�5 4--2 (6.)
B. Cleanliness:: Any such vehicles shall be kept clean and as free
from off-ensive odors :as passible.
C.. Standing On. Streets:. Any such vehicle customarily used for the
hauling of .garbage. or refuse shall not be allowed to stand in. any
street, alley, or other place place longer than is reasonably nece.s.sary
to collect. garbage and refuse..
.D. Disinfection: .Any vehicle. customarily .used for such purposes
shall..b.e.kept in :a clean and s,anit.ary condition.
4-2.-11: GARBACE.ANF7 REFE7SE COLLECTORS:
A.. License Re.qu red: No person shall engage in the business of
garb -age or :refuse collection in the City .unless he or she first
pays the license.fee. as prescribed .b.y resolution of the City
Council and secures: a license from..the City to do so in
ac.co.rd:anc.e, with the .provisions oy this Section. A licenseshall
be valid for a. period of one (1) year 'beginning February 1 and
ending January 31. All .Licenses shall be subject to the review
and approval of. the City Council.
B:. Application: Any person desiring a license shall make
application to the City Administrator. The..applicatio.n shall
accurately state:
1. The name of the owner .or the .licensee;
2.. The.pro.posed charges: for the hauling;
3.. A description of the kind. of services to be rendered;
4. A description o.f each motor vehicle tobe used for hauling,
including the license number thereof; and
5. The manner and kind of: service. -proposed to customers .and the
schedule of pickups.
C. Insurance:
1. Policy Of Insurance: No license shall be is:sued.until the
applicant files. with the City Administrator a current certificate
of in:suran.c.e covering all vehicles to be used by the applicant in
the business.
2. Minimum Limits: The minimum limits of coverage shall
sufficiently cover the city's-maximum liability as provided.by
Mi.nrresota Statutes Chapter 4.66, as amended.
3. Notice Of Termination: .Such insurance shall be kept in force
during the: term of the license and shall provide fox notification
of .the City prior to termination or cancellation.
LA605
4.--2 (7)
4. Revocation Of License: Any license issued shall automatically
be. revoked at the tirae of terinination.or cancellation of such
insurance unless and until other insurance is provided as
required by.this. subsection..
D. Bond: Before a license is granted, the applicant :shall furnish
to. the. City and deposit with the City Administrator a certified
bond in the sure of one thousand dollars ($1,000 90). to be used
for fines imposed by the City for violations of this Ordinance as
well as .the faithful performance. by the licensee for all wort
entered into.
F. License Fee; The annual license. fe.e. is for the: f rst vehicle:
and far each additional vehicle in the .business of .garbage. and
refuse hauling within the City-
F. Days and .Hours .of Collection: Residential garbage or re.fus:e
collection shall only occur on Mondays betweeri the hours of seven
(7:.0Q) A.M. and eight thirty (6:30) P..M. When Monday is
designated a. legal holiday, residential garbage or refuse
collection shall occur on the Tuesday immediately: following the
holiday..
G. Inspection': Each vehicle for which a license is :applied for
or which is licensed shall. be subject to inspection by the City
at all reasonable times.
H.. Vehicles2:
I. Name Of Licensee: Any such vehicle, while i.t: is used by the
licensee i.n. the:City,. shall have the name of the l.icens.ee. clearly
printedon both sides :o.f the vehicle..
2.. License To Be Kept I:n Vehicle. The license .for the vehicle
shall be kept in .the vehicle at all .times while. it is.being so
used.
I... No Vested Right: No person licensed pursuant to this Section
s.hall.gain .a vested right. in said license. The City may,. upon
finding that public -necessity requires, determine toestablish
another means of refuse collection.
J.. Obligation Of Licensed .Collectors. A.licensed garbage and
refuse collector shall pick up .any garbage and. refuse of his
customers which has. been.deposited for collection in the manner
provided by th,i.s Chapter. (Ord. 11,. '7-7-1970; I99:6 Code}.
4-2-12: DIS.POSAL FACILITY:.
I. See also subsection 2--4--2B2 of this Code.
2. See also Section 4-2-10 of this Chapter.
LA6:05
Garbage or refuse shall be disposed of at. an appro.ved.waste
facility permitted. by the Minnesot.a.Pollution Control Agency...
4-2:713: FINES AND REVOCATION:
A. FINES FOR ORDINANCE VIOLATIONS BY LICENSEES:
Fines for ordinance violations. by licensees. shah: consist. of two
hundred fifty dollars ($250} per occurrence and shall be payable
within 3.0 days of written notification by the City.
These penalties are presumed to'be a.ppropriate:for every case,
however, the council may deviate.i.n an individual case where it
finds that thereexists substantial .reasons making it more
appropriate to deviate.
Non ---renewal. of the. Municipal Garbage Hauler Li.cen.se may be
considered for any licensee that has three or more violations.
occur over a period of three hundred and. sixty` -five (365). days.
E'or purposes of this Section, a licensee's violations are.
accumulated over a period of three hundred and sixty-five (.365)
consecutive days and shall exonerate after this time. Violations
by a licensee shall also expire. in the event of change of
ownership unless specified otherwise. by the City Council.
B. REVOCAT.TON FOR ORDINANCE VIOLATIONS BY LICENSEES:
A garbage or refuse collector's license may he revoked by the
City upon occurrence of. any of the fallowing:
1. The licensee fails to .comply with the .provisions of this
ordinance or. other city ordinances, or is in violation of county
ordinances, and/or .state or federal laws, rules or regulations.;
or.
2..`The City determines that the. licensee's performance of refuse
collection, Mauling or disposal is un%satisfactary based on
complaints received about the. licensee.
4-2-14 PENALTY:
Any%pe:rson violating any of the: provisions of'this Chapter shall
be subject to the penalties provided far in Section 1.-4-1 of this
Code. (Ord. 11, 7-7--.1 97.0 )
Nothing. -In this section shall be construed to limit the City's
other available legal remedies for any violation of the law,
which.may constitute a violation of the ordinance including
criminal; cavil,injunctive or others.
LA605
Last revised June. 24; 2014.
472 0)
REFUSE, GARBAGE AND WASTE MA TERTAL
§:93.01 REFUSE/WASTE MATERIAL/GARBAGE TO BE DEPOSITED IN METAL
GARBAGE CAN OR CONTAINER.
No person, firm or corporation shall. drop, throw, or deposit or cause to be dropped, thrown or
deposited any garbage, rubbish or waste material upon, along or adjacent to: any road, recreational area,
vacant property or occupied property, or upon any waters or. land lying within the village except and
unless such .material be deposited in a suitable metal garbage.:can or like container.
(Ord. 5, passed 4-11-1.957)Penalty, see § 93.99
§ 93.02 DEFINITIONS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires. a different meaning.
GARBAGE. Includes every accumulation of animal, vegetable or other matter that attends the
preparation, consumption, display, dealing in. or storage of meat,. fish, fowl., birds, fruit or vegetables,
including the cans; containers or wrappers wasted along with such materials.
REFUSE. Means all . solid waste products or those having. the character of solids rather than
liquids in that they will not flow readily without additional liquid and which are composed wholly or
partly of such materials as garbage,. swill, sweepings, cleanings,. trash, rubbish; litter, industrial solid
wastes or domestic solid. wastes; organic wastes or residue of animals, offal,. animals excreta, or the -
carcass of animals; tree or shrub trirrimings; grass clippings, brick, plaster or other waste matter
resulting from the demolition, alteration. or construction of buildings or structure; accumulated waste
materials, cans; containers, tires, junk, onother such substance which may become a nuisance.
RUBBISH. includes wood, leaves, trimmings from shrubs, dead trees or branches thereof,
shavings, sawdust, excelsior, wooden ware,. printed matter, paper, paper board, paste board, grass, rags,
straw, boots, shoes, hats and. all other combustibles not included under the term GARBAGE.
SWILL. Includes that particular garbage which is wholly or nearly edible. and usable as a food and.
has food value for animals or fowl, accumulating from animal, vegetable or other.
WASTE MATTER: Includes waste matter composed of soil, earth, sand, clay, gravel, loam, stone,
brick, plaster, crockery, glass, .glassware, ashes, cinders, shells, metal and all other noncombustible
material which has. been or is to be discarded,
(Ord. 5, .passed 4-1171957)
§ 93.03 NO PILE OR COLLECTION OR GATHERING OF REFUSE/WASTE MATERIALS
AND THE LIRE:
No person, firm or corporation shall maintain or cause or allow to bemaintained upon any land
(Whether awned by such person or not) or water lying within the: city any accumulation, pile, collection
or gathering of garbage, :rubbish, refuse, or other waste material,. or noxious substance, except and
unless such materials are. enclosed in metal or plastic garbage. cans. or like containers and are detained.
therein only temporarily awaiting collection,transportation or disposition outside the .city.
-19-
(Ord. 5, passed 4-11-1957).Penalty, see § 93.99
§ 93.04 REFUSEMASTE mA.TERIALIGARBAGE NOT TO BE PLACED ADJACENT TO
ANY ROAD STREET IN CITY, EXCEPTION.
(A) No such refuse, waste material or garbage. whether or not contained in a: plastic bag, metal or
plastic can, or cart shall be placed or deposited on or adjacent to any road or street in the city,, or in
such a location where. such. refuse, waste material or garbage can -be: seenfrom. any road or street within
the city.
(8) It shall not be a violation..of this .subchapter where such refuse, waste material or garbage,.
which is contained in a plasticbag,. metal or plastic can, or cart, is placed within 20 feet of a residential
or garagestructure on the day that such refuse, waste material or.garbage .isto. be collected.
(Ord. 5, passed 4-11-1957).
§ 93.05.REFUSEIWASTE MATERIAL/GARBAGE PERMITTED ADJACENT TO
ROAD/STREET IN CITY.
It shall not be a violation of this subchapter to place such refuse, waste material. or garbage:
adjacent to. any road or street within the city during the hours. of 6.00 A.M. and 6:00 p.m. on the day that.
such refuse, waste material or garbage is to. be collected. Provided, however, that such refuse. waste
material or. garbage, other than. recyclable materials, must be contained in 1. or more metal. or plastic
.cans, not exceeding 30 gallons in size and with lids securely in place. Such metal or plastic cans shall
not be automatically emptied by a means. of a mechanical contrivance or device:
(Ord: 5, passed 4-1.1-1957) l .
§ 93.06 NOTICE.AND CONTINUATION OF VIOLATION.
In the event the City Council or its duly authorized representative notifies. in writing any person,
firm or corporation that a condition exists which causes such person, firm or corporation to be in
violation of this subchapter, each. day of the: continued existence of such condition commencing with.
the. third..day following the. date of mailing of such written notification shall constitute a separate
violation.
(Ord. 5, passed 4-11-1957)
§ 93.07 APPLICATION TO RESIDENTIAL PROPERTY.
This subchapter shall apply only to residential property within the Cityof North Oaks.
(Ord. 5, passed:4-11-1:957)
19
City of Shoreview Municipal Code Cha pter 200. Development Regulations
Rev. Date (2) Lots in Non -Residential Districts. On. a parking area that is
4C18105 asphalt, concrete or similar approved hard. surface but not
Ord,. #774 for periods exceeding 48 hours. Provided, however,
vehicles may be stored for periods exceeding 48 hours.in
Districts allowing for the sale of new or used automobiles or
boats on property approved by the City for use as an open
sales lot.
211.020 Refuse
(A) Definitions
(1) Refuse, Refuse means. all solid waste. products which are
Rev. Date
composed wholly or partly ofthe following materials: garbage,
61510.6
sweepings, cleanings, trash, rubbish, litter, industrial solid
Ord. #798,
wastes, domestic solid wastes, organic wastes, residues of
animals, meat, fruit, vegetables, grains or fish; animal excreta
Rev. Date
or carcasses of animals;. rubbish including wood, leaves,
4116118
vegetation, tree trimmings, dead trees and shrubs, branches,
Ord. # 961
sawdust, shavings, grass trimmings, paper products, straw,
rags, clothing, and all other combustibles; waste matter
composed of soil, clay, sand, earth, gravel, fill, stones, bricks,
plaster, glass, g I a sswa re, c roc kery, ash es,.cinders, shells; metal
and other non -combustibles; waste debris resulting from the
construction, demolition, repair or alteration of structures or
buildings; and'accumulated waste materials. composed of
cans, containers, tires, junk, vehicle parts, appliances,
electronic devices or other substances which may become a
nuisance..
(2j Refuse Container. A receptacle designed for the temporary.
storage of refuse usually made out of meta or plastic and
enclosed with a lid. Yard waste may, however, be temporarily
stored in paper or plastic bags..
(3) Construction Dumpster. A mobile receptacle for
temporarily storing refuse debris resulting from the
construction, demolition, repair or alteration of structures or
buildings. Construction 0u.mpsters are transported to the site
by truck and range in size from 10 to 45 cubic yards. Bagsters,
large bags that hold less than 10 cubic yards; are considered a
construction dumpster.
Section 211.. Property MaIntenance 271=3
.City of Shoreview Municipal Code Chapter200 Development Regulations
(B) Refuse is considered a nuisance and/or hazardous to safety or
welfare and every person shall arrange for the collection and
disposal of all accumuIations of refuse on their property at
least once a week, by a collector of refuse, licensed by the City:
(C)All refuse shall be properly contained in a container sufficiently
designed for the storage of all refuse accumulating on the
premises. between collections. Refuse containers shall be kept:
Rev. Date in a tidy, sanitary and orderly manner, closed, and all refuse
6/5/06 stored within.
Ord. #798
(D) Standards for the RE, R-1 & R-2 Zonin.g Districts, including
Planned Unit Developments that. have an underlying zone of
RE, R1orR2.
(1) Refuse containers, includingtree.debris, shall be permitted
at curbside or other permitted collection point from 12:00
Rev. Date p.m; of the night preceding collection day until.12:00 p.m.
4/16/T8 on the day afted r esi.g nated collection day.
Ord. # 961
(2) With the exception of Subsection (D1 and D3)`.
a. Refuse containers shall be stored within an enclosed
building, or in the side or rearyard immediately
adjacent to a. structure.
(3) Refuse containers shall not be stored forward of the
principle or accessory structure, whichever is closer to the
.street.
(4} If the property has unique circumstances that create a
hardship for the property owner to store refuse containers;
in accordance with Subsection (D2) above, said refuse
containers may be stored forward of the principle or
accessory structure closest.to the street provided:
a. The refuse containers. are imrned.iately adjacent to the
principle or accessory structure.
b. The refuse containers are screened from view of the
public right -of way.
c. Examples of unique circumstances may include
topography, fencing, lake frontage or single car
attached garages..
(5) Tree waste may be stored in anyyard, provided it is placed
out at the curbside or other.perm.itted collection point on
the next collection day for pick-up by the waste hauler:
(6). Construction Dum.pster Standards
a.. Number allowed: One construction dumpster is
allowed per residential lot.
ection 211. Property. Maintenance 211-4
City of Shoreview Municipal Code Chapter 200 Development Regulations
b.. Placement, Dumpsters may be placed in anyyard or
driveway provided it is setback a minimum of S feet.
from a property line, and does not impede traffic
Visibility and public safety. Dumpsters shall not be
placed 'in any public street. Dumpsters placed in a
private roadway shall not impede access by
emergencyvehicles..
c. Duration.
i. A dumpster located on a residential property
without an associated building permit is permitted
fora period not to exceed fourteen (14) calendar
days and not more than two (2) times in a calendar
yea r.
H. A dumpster located at a residential property with
an associated building permit is permitted
throughout the duration of the building project and
must.be. removed within fourteen (14) days of the
project completion.
(E)Any hazardous materiaIs. must be disposed in accordance with
applicable State and Federal regulations.
211.030 Grading and Drainage
(A)All properties shall be graded and maintained so as to prevent
the. accumulation of stagnant water, except in natural
occurring pond.ing areas on said property,
(B).Grading shall not be altere.d,.and gutters and downspouts
shall not be installed as to direct additional surface and storm
water onto adjoining properties.
(C) Discharging any sump pump water, swimming pool water,.or
water which has been used in a manufacturing process or
mechanical process so as to flow upon or over streets,.
sidewalks, or other public property or adjacent private
property is prohibited except. for the following;
(1) Property that is owned by the person discharging the
water.
(2) Sump pump or swimming pool water discharged directly
to the curb flow line that does not flow into or across the.
street.
Section 211. Property Maintenance. 211-5
Chapter 28 - SOLID WASTE
ARTICLE: I. - IN. GENERAL
Sec. 28-1. -Definitions.
The following wards; terms and phi rases, when used in this chapter; shall have: the rneanings.ascribed to
them in this section; except where the context clearly indicates a different meaning:.
Bundle means a number of loose items securely tied together, such as magazines; newspapers and tree
branches.
Collection rules..means rules stipulated by the city and collector; including, but not limited to, type of
waste container, placement for collection and day and hours of collection.
Collector m ea n s any person licensed to .collect refuse and other waste material from residential and
nonresidential properties.
nther.waste materials means a I I other discarded. combustible or noncombustible, organic or inorganic
materials frequently:accumulate d 'in the operation of residential or nonresidential properties, including; but
not limited to, vehicle parts; mq]or appliances, furniture; building materials, tree limbs, metal scraps and
other materials that cannot be temporarily stored in a waste container or bundle. because. of its size or
shape, but excluding toxic and hazardous materials.
Person means any occupant or owner (or agent of owner) of any dwelling consisting of greater than eight
units in a single.building, boardinghouse, townhouse, apartment building, industrial or commercial.
establishment that accumulates refuse or other waste material.
Refuse means putrescible and nonputrescible solid waste including garbage, rubbish, ashes, street
cleanings, market and industrial solid wastes,.
Toxic and hazardous materials means poisons, pesticides, herbicides, acids, caustics; pathological
wastes, radioactive materials, flammable: explosive materials and similar harmful chemicals and wastes
which require special handling and which must be disposed of in a manner to conserve the environment
and protect the public health and safety.
Vat means a waterproof and fly -tight receptacle of not less than fine cubic yard in volume equipped with
attachments for lifting into a refuse collection vehicle. A vat shall be primarily used for storage of refuse an'd
other waste materials between collection by a nonresidential enterprise.
Waste container means a nohdisposable receptacle that is waterproof and fly -tight, used.primarily for
storage.of refuse and other waste materials between collections by those.accumulating small quantities of
refuse.or other waste materials.
(Code 1999, §.121.010)
Secs. 2872-28-20. - Reserved.
ARTICLE II. - COLLECTION AND DISPOSAL
DIVISION I--GENERALLY
Sec. 28-21, - Residential dumpster restrictions.
No person shall maintain a dumpster on residential pro pertyfor more than 14 days. DUrnpsters.must be
removed within 14 days. Dumpsters must be maintained on bituminous surfaces, not on a residential yard.
A person. who wishes to maintain a dumpster for greater than 14 days must obtain.a permit showing good
cause for the need to have a dumpster greater than 14 days,
(Code 1999, § 121.102)
Sec..28-22. -Pods/storage containers.
No person shall maintain a Pod or other storage unit on residential property for more than 30 days. A
person who wishes to maintain a Pod or storage unit on residential property for greater than 30 days must
obtain a permit showing good cause for the need to have.a Pod or other storage unit for more than 30 days.
(Code 1999, § 121.104)
Secs. 28-23-28-41. - Reserved.
DIVISION :Z, - COMMERCIAL., INDUSTRIAL AND LARGE MULTIFAMILY UNITS
Sec. 28-48, -.Applicability.
This divisionshaII not apply to the:pick-up an.d disposal. of garbage; rubbish, or trash from single-family
residential structures or any residential structure containing eight units or less.
(Code 1999, § 121.090)
Sec. 28-49, - Dutyof residents to. provide,
Every person shall arrange for the collection and disposal of accumulated refuse by a. collector at least
once a week.
(Code 1999, § 121,020)
Sec. 28-50.. - Refuse and waste containers.
(a) Refuse shall beaccurrmulated in ❑rie or more fly -tight containers with a maximum capacity of 32
gallons. A container shall be tightly covered to prevent exposure to potential fly, insect or vermin
infestations.
[bf Any person owning.or operating an apartment house.greater than. eight dwelling units,
manufactured home park, commercial or industrial establishment, or a restau.rantthat
accumulates more than three 32-ga1.1on containers of refuse a week. sha11 provide vats for storage
of refuse. Vats shall be no more than one cubic yard capacity and designed with proper
attachments for lifting into refuse trucks.
(c) Each container, other than vats, shall have a capacity of not more than .32 gallons and a gross.
welght of not more than 75 pounds and shall have handles for- ease of lifting.
(d) Automated pick-up containers are exemptfrom:this section with regard to the size of container.
Automated containers shall be of a. size not exceeding 90 gallons incapacity and must be
supplied by tine licensed hauler serving that customer or be compatible with the collectors lifting
and pick-up equipment.
(Code 1.999, § 121.030).
Sec. 28-51..- Refuse containers, exceptions,.Christmas tree disposal.
All refuse rrmustbe deposited within the containers except nonrefuse. terns, tree limbs,: leaves or grass,
city -approved recyclable materials, and Christmas trees.up to seven feet' in length may be placed next to the.
containers on pick-up day.
(Code 1999, § 121.040)
Sec..28-52. - Placing of the. containers.
Containers shall be.kept in the: rear of the premises, in the garage located on premises, or the side yard,
provided that it is adequately screened from the street and neighbor views, except on the designated
collection day; containers, bundles and ail other refuse and recycling materia15haII be placed at the point
designated by collector, Containers rnust be removed frorn designated points no later than 10:00 p.m.
on the day of collection and returned to their regular location on premises. Containers shall be maintained
in. a sanitary manner at all times.
(Code 1999, 9 121,.050)
Sec. 28.53. - Frequency and manner of collection.
The contents of containers and other waste material. shall be collected at least once a week at every
dwelling of greater than eight units in a single building, commercial or industrial. establishment or
apartment house. Collection day can vary in a week where a holiday occurs.
(Code 1999, § 1.21.0.60)
Sec. 28-5.4. - Spillage or leakage to be prevented during transport.
Containers. used to carry waste or refuse in any vehicle shall be enclosed to prevent spillage or leakage of
contents.
(Code. 1999, § 1211080)
Sec. 28-55. - Recycling.
Recyclables are reusable or re-pro.cessible materials approved by the city and its waste collector from
time to time. R.ecyclables specifically exclude refuse and yard waste. The licensed collector shall provide
separate containers for collection of recyclabfes. Recyclables shall be collected'bi-weekly. A record of
recyclablies collected and their weight must be provided to the city on a regular basis, at feast every three
months, and such record shall include where the recyclabfes were disposed of.
(Cade 1999, § 121,082)
Secs. 28-56=28-83. - Reserved.
DIVISION 3. - SINGLE-FAMILY AND SMALL MULTIFAMILY UNITS
Sec. 28` 84. - Collection and disposal from residential properties.
Refuse and recyclabfes. collection arid. disposal from residential property (defined as single family and
residential structures containing eight units or less), shall be done in accordance with the contract between
the city and VHG, In.c. (a consortium of waste contra ctors).and any amendment thereto, a copy.of which is
available for inspection at the city clerk's office.
(Code 1999, §§ 121,100, 121A.010)
S.ec..28=85. - Fee for refuse and recycling collection.
Each owne"r or occupant of a residential dwelling: under this division shall pay the fee specified in the
contract for refuse and recycling collection:
(Code 1999, § 1.21.A.020)
Sec, 28-85. - Action to collect charges:
If any two quarters of refuse or recycling charges have riot been paid when due, or if over $50.00 of
charges are overdue, then a late fee in the amount provided in the city fee schedule shall be added to the
amount. due. Such charge may then be collected in an action for that purpose in the name of the city, or the
city clerk may certify to the county the amounts due (with penalty), together with a legal description of the
prerimises served, and the county.shaII thereupon enter such amount as part of the tax levy on the premises
to be collected during. the.ensuing.year.:
(Code 19991 § 121 A.040)
Sec. 28-87. - Placing of the containers.
Containers shall be kept in the rear of the premises, in the garage Iacated on premises, or the side yard,
provided. that it i.s adequately screened from the street and neighbor views except on the designated
collection day; container's, bundles and all other refuse and recycling imaterial shall be placed at the point.
designated by the collector. On collection day, all containers shaft be places{ at the. end of the driveway but
not in the street. Containers must be removed from designated points no later than 10:00 p.m. on the day
of collection and returned to their regular location on premises. Containers shall be maintained in a sanitary
manner at all times.
(Code 1999, § 1.21.A.050)
Secs. 28-88=28-117. - Reserved.
DIVISION 4. - RECYCLING
Sec, 2.871.18. - Definitions,
The following words,. terms and phrases, when used in this division; shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Aluminum cans means disposable containers fabricated primarily of aluminum;.commonly used. for soda;.
beer, juice, water or other beverages.
Collection means the aggregation of recyclable materials from the place at which it is generated and
includes all activities up to the time when it is delivered to the. facility designated by the owner of the
multiple-fam1ly dwelling..
Corrugated cardboard means cardboard material with double wall construction and corrugated
separation between walls but not plastic -coated cardboard
Designated recyclables means the following recyclable materials:. aluminum cans, steel cans, glass jars
and bottles, paper recyclables, plastic battles, and corrugated.cardboard.
Glass jars and bottles means unbroken jars and bottles and containers (Iids/caps and pumps removed.)
which are primarily:used for the packing and bottling of food and beverages.
Multiple -family dwelling means a building or a portion thereof containing nine or more dwelling units.
Paper m ean s.. n ews pa pers, househoid.office paper and mail, boxboard, and magazineslcataIogs.
Plastic bottles means all disposable bottles (lidslcaps and pumps removed) fabricated from plastic.
Steel cansmeans all disposable containers fabricated primarily of steel or tin used for food and
beverages.
(Code 19991 § 12.1.11 0(1 ))
Sec, 28-11"9. - Collection services. required.
The owner of a multiple -family dwelling shall make available to the occupants of all dwelling units on the
premises services for the collection. of designated..recyclables.. The collection services shall be available on
the premises and.shaII be provided on a regularly scheduled basis of at..Ieast twice a month for collection of j.
at least four broad types of designated recyclable materials. The collection schedule arid. recycling
co. ntainer's:capacity shalt provide for regular removal of the recyclables such that there is adequate storage
capacityavai.laNei n.the recyclable containers to avoid overflowing containers, The owner must contract
with a collector licensed by the city to provide the. services.
(Code 1999, § 121.11 G(2)}
Sec. 28-120. - Recycling information required,
The.owner of multiple -family dwelling shall provide information to the ❑ccupants. of each dwelling unit
which notifies the occupants of the availability of col lection.services, describes the procedures required to
prepare the designated recyclables for collection, acid identifies the dates and. times of collection.
(Code 1999, § 121,110(3))
Sec. 28-1`21.: Container requirements.
The owner of a multiple-fa mily dwelling shall provide containers for the collection of. designated.
recyclables and shall maintain the containers in a clean and sanitary condition. The containers shall be
sufficient in number and size to meet the demands for recycling services created by the occupants: The
owner shall replace stolen or broken containers and purchase additional containers as needed. Containers
shall be placed in a location on the premises which permits access for collection purposes, but which does
not obstruct pedestrian or vehicular traffic; and shall comply with cha ter_38. Containers shall be equipped
with self -closing [ids. Containers shall be equipped with standardized labels identifying the type of material
to be deposited.
(Code 1999, § 7 21;11 p(4))
Sec. 28-122. - Transportation and disposal.
Upon collection by the licensed collector, that person shall deliver the designated recyclables to a
recyclable material processing center, an end market for sale or reuse; or to an intermediate collection.
center for later dellye ryto a processing center or end market. It is unlawful for any person to transport for
disposal or to dispose of designated recyclalles in a mixed cityso.lid waste disposal facility. Designated
recyclables shall be transported in a. covered vehicle so that the recyclables do notdrop or blow onto any
pubiic street or private property.during transport.
(Code 1999, § 121..110(5))
Sec. 28-123. -.Reports.
Each owner of a multiple -family dwelling shall file a semi-annual report (twice per year) with the city on a
form to be provided by the city recycl 1 ng. co ord i nato r. The report shall contain, at a rninimum, the following
information:
(1) The name of the owner;
(2) The address of the multiple -family dwelling;
(3) The number of dwelling units;
(4) A description of collection services made available to occupant. in.cluding.the location of
containers; dates of collection and whether collection services are provided by the owner;
owner's employees, or a. licensed collector;
(5) A description of methods used to inform occupants of availability of services, including a copy
of any notice sent to occupants or posted on the premises and a record of the dates such
notice was sent and locations posted;
(6) The.tonn.age for each type of material recycled;
(7.) The name and address of the licensed collector who provides collection. services.
(Code. 1999, § 121..110(7))
Sec..28-124. -Administrative penalties.
Violation of this division shall be charged as an administrative fine as. foIIows a fine of $200.0i3 far the
first offense; a fine of $300.00 for the second offense at the same location within a 12-month period; or a
fine of $500 00 for the third offense atthe. same location within a 24-month period,
(Code 1999, § 121.110(8)}
Sec. 28-1.25. - Misdemeanor prosecution..
Nothing in this division shall prohibit the city from seeking prosecution as a misdemeanor far anyalIeged
violation of this division. If the.city elects to seek misdemeanor prosecution, then. no administrative fine will
be imposed under this article,
(code 19.9.91 § 121.11 O(9)}
Sec. 28-126. -Applicability.
This. division does not apply to the extent that the city council contracts to. provide recycling collection
services to some or all multiple-family`dwellings.
(Code 1999, 9:121.110(1 a)}
Sec. 287127. - Uh#awful removal of recyclable materials.
(a) Purpose and intent This section is designed to prevent the unauthorized collections of
re.cydables. Unauthorized collection. or scavenging may reduce the Volumes of materials collected
as part.of a designated program and thereby threaten .the economic viability of the authorized
program.. Scavenging may also cause confusion among participating residents and thereby.
disrupt the. publicity and educational processes :of an authorized program. This section is also
designed to ensure that a designated recycling program will be implemented in an orderly
fashion to avoid adverse effects on the public health, welfare, safety and environment,
(b) Definitions. The following words, terms and .phrases, when used in this section, shall.have the.
Meanings ascribed to them in this subsection, except where tile context dearly indicates a
differenC meaning:
Authorized recycling program means a program for the collection and recycling of recyclable materials.
which is instituted, sponsored, authorized or controlled by the city or the county.
Recyclable materials means all items of refuse designated by the city or county environmental health
division to be part of an authorized recycling program and which are intended for transportation;
processing and remanul"acturing .or reuse.
Scavenging means the unauthorized collection of recyclable materials that have been set out by
residents.of the City specific=ally for participating in recycling programs.
(c) Designation of items. Items designated for recycling shall be listed by the.city's public works
director or the county environmental health. division to be part of an authorized recycling.
program.
(d) Ownership of recyclable materials. Ownership of recyclable materials set out for the purpose of
participating in recycling programs shall remain with the person who set out the materials until
removed by the authorized collector, Until the recyclable materials are removed by the
author€zed collector, the person. who set out the materials is: totally responsible for their proper
preparing, handling and storage. Ownership and responsibility for the proper handling of the
recyclable materials sha1..1.vest. 1n the authorized collector upon removal thereof by the collector.
(e) Unauthorized collection. It is unlawful for any person who is not authorized by the city or county
to take or collect recyclable material set outfor authorized collection programs within the city.
Any person violating this. provision shall be subject to the penalties provided for insection 1-1.1
(Cade 1999:. H 124.040, 124.050; 0rd...No. 390, 7-3-1.990)
Secs. 28-128-28-152. - Reserved.
ARTICLE III..- DUMPS; SANITARY LANDFILLS AND FILLING OF LAND
Sec. 28-153. - License required.
No person: shall fill. any land or establish or engage in land filling operations.within the city without first
securing a .license and paying the license fee as provided in the city. fee schedule.
(Code 1999, § 123.010)
Sec..287154. - Application for license and permit.
(a) Application for licenses shall be filed in writing with the. city designee, for presentation to the
council. Each application shall contain thefollowing information:
(1:} The name and address of the applicant.
(2) A legal description of land to be filled..
(3) The time of filling operations.
(4) The route.to be -taken by trucks bringing in the material to be used as fill,
(5) The final contour and elevation to which the applicant will leave the land at the. completion of
the filling operation.
(6) The kind of fill to be used.
(b) Before. such license is granted, the a ppIicant'shaII fife a bond, cash deposit or letter of credit,
calculated by the city designee, sufficient to provide for earth cover as provided. in_section 28-
156(4).
(Code 1999, § 123.020)
Sec. 28-155. - Recommendation for license.
The city designee shall inspect the premises and. recommend to the council whether such license shall be
issued.
(Code 1999, § 123.030)
Sec. 28-1.56, - Conditions for filling operations.
Filling operations shall,. at all times, be. subject to the following conditions:
(1) The use of fiIi containing wood, paper, leaves, etc., or other organic material which may
decompose or burn shall be restrictedIo sites designated by the city council for recreational
use. No lands to he used. for building shall be filled with this material..
(2) No dangerous conditions. shall be permitted on.the .premises desired to be filled.
(3) No fires will be. permitted in the. area of ]and to be filled.
(4) The.area to be filled must be covered and graded with three inches. of earth at least once
each week, and. covered with 1.2 inches of earth graded smooth, seeded and mulched as per
city engineer requirements, at the completion of filling operations.
(5) An unreasonable. amount of dust shall not be permitted a.s a result. of the filling operation.
(6) Natural.drainage shall not be adversely affected during and upon completion of the
operation.
(7) .No garbage or other obnoxious material which would attract rodents or insects shall.be used
as fill.
(Code 1999, § 123.04.0)
Sec. 28-1.5.7. - Revocation of license.
Any license under this article may be revoked by the city council for violation of any representation made
in the application or for any condition under which the filling operations proceed.
(Code 1999, § 123.050)
Sec. 28-158. Minimum application..
This article shall not apply to any filling ❑peration involving; in total, less than 25 yards of fill.
{Code 1999, § 123.060)
r
�.:
§501.010 PUBLIC HEALTH,. WELFARE AND SANITATION 5501:.020
V. PUBLIC HEALTH, WELFARE .AND.SANITATI0N
501. Garbage Coltection
5501.010 GARBAGE COLLECTION • CONTRACT FOR. GARBAGE AND REFUSE COLLECTION. The City of
White Bear Lake has entered into a. contract for the pick-up and disposal of garbage and refuse from
residences and other stated localities within the City of White Bear Lake. The contract shal€ set forth
the duties `and responsibilities of both the City and the Contractor. The current contract shalt be on
file in:.the office of the City Clerk and. shall be available for public inspection during normal business
hours. (Ref. Ord. 753, 12/8/87)
5501.020 GARBAGE. COLLECTION; DEFINITIONS. As, used in this chapter, unless the particular context
shall clearly require some other meaning, the following words shall mean:
Subd. I. Dwelling Unit.
a. Sin_qle Family Dwelling. Unit. The term, single family dwelling unit shall mean a separate
dwelling place with. a kitchen or area for the preparation of food which is a free-standing,
duplex or four-plex residential housing. unit which does not have shared refuse service which
is. provided by a .landlord or housing association agreement. (Ref. Ord. 873, .4/14/92, 1000,
3/11 /03).
b. Multi -Family Dwelling Unit. The term, multi -family dwelling unit :shall mean a. building or
complex. which provides more than four :(4) residential dwelling units with a kitchen. or area
for the preparation of food as part of a large building. or complex which., as part of the rental
fee or association dues, provides refuse service for the entire group of households with large
vat type containers. (Ref. Ord. 873, 6/14/92; 1000, 3/11103)
.Subd.. 2. Garbage. The term garbage means putrescible wastes, including animal offal.
and dead animals weighing less than ten (10). pounds but excluding human excreta, sewage, and
other sanitary wastes. (Ref: Ord. 1000, 3/11 /03)
.Subd 3. Recyclables. The term. recyclables shall mean materials that are separated
from mixed municipal solid. waste for the purpose of recycling, including paper, glass, plastic,
metals, textiles, automobile oil., and batteries. Refuse -derived fuel or other material that is
destroyed by incineration is not a recyclable material. (Ref . Ord. 1000, 03f11103),
Subd. 4. Refuse. The term refuse as used herein shall include all wastes (except body
wastes), including but not limited. to, garbage as defined above, rubbish, tin cans, paper, cardboard;
glass. jars, bottles; grass clippings, leaves, Christmas trees, building materials not being. used in
conjunction with a legally authorized construction project and ashes which normally result from the
operation of a household, but riot including recyclable material stored in an approved recyclable
container.
Subd. 5. Refuse Container. The term .refuse container shall mean a rigid. closed, water
tight container designed for such storage with a tight. fitting cover, which is rodent and fly .proof,. of
a suitable gage and construction: to ensure durability and with suitable handles on both the container
and lid and of a capacity of up to ninety (90) gallons. (Ref. Ord.: 1000. 3/11 /03)
Revised 8/24/11
§501.030 PUBLIC WEALTH, WELFARE AND SANITATION 5501.041
Subd. 6. Yard Waste.. Yard waste shall mean lawn cuttings, leaves., weeds, garden
wastes and soft -bodied plants. (Ref. Ord. 1000; 3/11103)
Subd. 7. Yard Waste Container. The term yard Waste container as used herein shall
mean a plastic waterproof hag of up to thirty-nine (39.) gallon size and one .and one-half (1 A } mil.
thickness and shall not exceed thirty-five (35) pounds in weight when full..(Ref. Ord. 10002 3/11103)
5501.030 GARBAGE COLLECTION;.. UNLAWFUL ACTS. It shalt be unlawful for any person, firm or
corporation to not dispose of refuse and yard waste which accumulates upon their property at least
once a week. Every householder.; occupant ar owner of any single family dwelling unit or any other
structure utilized for dwelling purposes shall. use the garbage and refuse collection service as
provided by the .City of White Bear Lake. Multi -family housing units are exempt from this contract
requirement. (Ref. Ord. Nos. 495, 619170; 554,.7/10/73; Ord. 873.; 6-14-92; Ord..1000, 3/11103)
9501..040 REFUSE YARD WASTE AND RECYCLABLES COLLECTION: CONTAINERS REQUIRED; EXCEPTION,
COLLECTION. All refuse. (excluding Christmas trees) shall be kept in containers as defined above. A.R
yard waste shall. be kept in. yard waste containers or refuse. containers as defined above. All
recyclable material shall be kept in a container made available through the City's recycling program
or other container approved by the Director of Public. Works. There is no limit to the number of
refuse containers that wilt be picked up. (Ref. Ord. 873, 6/14/92)
Pick -.up and disposal of refuse from multi -family housing dwelling units shalt be by a
standard rubbish container of one (1), two (2), three (3) or four (4) cubic yard capacity;. to be
furhished by and maintained by the Contractor. Actual service needs. are. to be determined by volume
accumulations as determined by the Code Enforcement Officer,. upon review with the. Contractor;
Container service is subject to continuing review by the Code Enforcement Officer.
Other types of containers such as oil drums, fiber drums, barrels.,. cardboard boxes and
paper bags wi€t not be accepted as refuse or garbage containers.
On the. collection day determined by the City; refuse, yard waste; and recycling
containers shaft be placed on the curb along the public roadway adjacent to the customer's building
and in areas where there. is.a public alley; containers. shalt be placed on the alley line. for collection;.
provided, that speciat "walk-in" service at the dwelling: shall be provided for handicapped persons
who have filed a doctor's certificate with the City Clerk. Containers must be placed properly for
pick-up prior to six (5;00) oclock a.m. on the day of collection to ensure service: The Contractor
shall. complete pickups by ten {10:00) o'clock p.m. unless emergency permission is granted by the
City Manager's office.
5501.041 ENCLOSURE OF CONTAINERS. All. garbage or refuse containers exceeding seventy-five (75)
.gallons in size and located on property used for purposes other than single family residential, shall be
contained within a building or within an area which has an impermeabte floor surface and is enclosed
and screened within a 90% or greater opaque wooden or metal fence or masonry wall not less than
six (6) feet in height having a gate or doorway which remains closed except for access. purposes. All
enclosures must be large enough to..allow adequate area for the storage of recyclable material
containers. (Ref. Ord. 873, 6114192)
In cases of special hardship., the applicant may apply for a variance as provided for in S1301.060,. and
the City Council may grant a variance from the. requirements of this. section and establishing special
requirements necessitated by the. variance. (Ref. Ord No. 756, 1.11.2188)
Revised 8/24/11
§501.050 PUBLIC HEALTH, WELFARE AND SANITATION §501.090
5501,05.0 GARBAGE COLLECTION; SERVICE. It shall be the responsibility of every resident to
notify the City at least one (1) week in advance of starting or discontinuing garbage collection
service. (ReLOrd Nos. 495, 619170.; 554, 7/10/73)
9501.060 REFUSE: COLLECTION; MAINTENANCE OF SANITARY CONDITIONS. Persons
:accumulating garbage or refuse shall comply with the following. requirements:
1. No person shall place any refuse in any street, a{ley,. or other public place, or upon
any private property whether owned. by such person or not, unless it be in proper
containers for collection or under express approval granted by the City Manager. Nor
shall any person throw or deposit any refuse in any stream or other body of water.
.2. No person shall cast, place, sweep or deposit any garbage or refuse in any manner that
it may be carried or. deposited by the elements off his property within the City..
I No person shall bury ;or burn any refuse or yard waste in the. City except in accordance
with regulations established by the State. Pollution Control Agency.
4. The removal of wearing apparel;. bedding or other refusefrom homes or places where
highly infectious or contagious diseases have prevailed shall be .performed under the
supervision and direction of the Health Officer. Such refuse. shall not be placed in
containers for regular collections. (Ref.. 5602.060, Code 1966; Ord. Nos. 495, 619170;
554, 7110173 )
9501.070 REFUSE COLLECTION; FEES. All residential property within. the city on which housing
with one to four units is located shall be provided with and subject to the cost .of weekly
refuse collection provided by the City at the price provided herein.
5ubd. 1.. Refuse Collection Rates.
1. All refuse collection services provided.each residential customer from single-
family through four-plexes. shalt be charged at the following monthly rates:.
Non -
Taxable.
Taxable
Total
30-gallon - senior
$7.60.
$.1.90
$9.50
3.0=gallon
7.75
1.9.5
9.70
07gallon
11.40
2.85
14.25
90-:gallon
15.50.
3.90
19.:40
2. All amounts due hereunder shalt be: payable. to the City on the fifth (5th) day of
the month following: the month in which the statement is presented. A penalty
.of ten (10.%} percent shall be. added to all bills not paid by. the date fixed for
finat payment and garbage and. refuse service may be stopped without notice..
§501.0.90 PUBLIC HEALTH,WELFARE AND SANITATION 5501.090
Revised 8/24/.11
3. Rates.shatt be effective for refuse billings processed after September 1, 2011.
(Ref, 5602.070, Code 1966; Ord. Nos. 495, 6/9/70; 554, 7/10/73,; 823`7 11 /27/90; 873,.
6/14/92; 1000, 3/11/03; 1071, 7/27/10; 8/24/11)
5501.080 REFUSE COLLECTION, LIENS. Each charge levied by and. pursuant tothis chapter is
hereby made a lien upon the corresponding lot, land or premises served hereunder and all
such charges which are on J..uly thirty-first (31st) of each year more than thirty (30) days past.
due and having been billed properly to the occupant of the premises served, shall be certified
by the City Clerk to the Auditor of Ramsey County before the. tenth {lOthy day of October of
each year and the City Clerk in so certifying such charges to the County Auditor shall specify
the amount thereof, the descriptions of the premises served, the .name of the owner thereof
and the amount so certified shall be extended by the Auditor on the tax roll against such.
premises in the'same manner as other taxes, and collected by the County Treasurer and paid
to the City Clerk, along. with other taxes. (Ref . .5602.080, Code 1966, Ord., Nos. 4.95, 6/9/70;
.554,. 7/ 1.0/73.)
5501.090. REFUSE COLLECTION, LIMITED EXCEPTION. A limited exception to the exterior
storage of garbage and/or refuse is composting as permitted under the Composting Municipal
Code Section 509. (Ref. Ord. No. 862, 2/11 /92; 1000, 3/11 /03.)
Revised 7127/10
Revised 8/24/1,