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HomeMy WebLinkAboutCity Council Ordinance 2003-22CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2003-22 AN ORDINANCE AMENDING CHAPTERS IV, IX, X, XI AND XX OF THE PLYMOUTH CITY CODE RELATIVE TO BUILDING CONSTRUCTION REGULATIONS; FIRE PREVENTION CODE; PERMIT PROCEDURES AND FEES; OPEN BURNING, GASOLINE SERVICE STATIONS, ALARM SYSTEMS; AND MISDEMEANORS, (SPECIAL PROVISIONS). The City of Plymouth, Minnesota ordains: SECTION 1. Amendments to Cites The text of Chapter 4 of the City Code of the City of Plymouth, Minnesota is hereby amended as follows: Section 400 - Building Code 400.01 Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for the City of Plymouth. The code is hereby incorporated as completely as if fully set out herein. A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300, Administration of the Minnesota State Building Code; 2. 1301, Building Official Certification; 3. 1302, State Building Code Construction Approvals; 4. 1303, Minnesota Provisions; 5. 1305, Adoption of the 2000 International Building Code; 6. 1306, Special Fire Protection Systems; 7. 1307, Elevators and Related Devices; 8. 1309, Adoption of the 2000 International Residential Code; 9. 1311, Adopted of the 2000 Guidelines for the Rehabilitation of Existing Buildings; 10. 1315, Adoption of the 2002 National Electrical Code; 11. 1325, Solar Energy Systems; 12. 1330, Fallout Shelters; 13. 1335, Floodproofing Regulations; 14. 1341, Minnesota Accessibility Code; 15. 1346, Adoption of the Minnesota State Mechanical Code; 16. 1350, Manufactured Homes; 17. 1360, Prefabricated Structures; 18. 1361, Industrialized/Modular Buildings; 19. 1370, Storm Shelters (Manufactured Home Parks); 20. 4715, Minnesota Plumbing Code; 21. 7670, 7672, 7674, 7676 and 7678 Minnesota Energy Code 403.03 Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statues, 16B.62, subdivision I, when so established by this ordinance. The Building Inspection Division is the code enforcement agency for the City of Plymouth. This code shall be enforced by the Minnesota Certified Building Official designated by the City of Plymouth to administer the code (Minnesota statute 16B.65) subdivision 1. 400.05 Violations and Penalties. A violation of the code is a misdemeanor (Minnesota statute 16B.69) and Minnesota Rules, Chapter 1300. 400.07 Permit and Fees. The issuance of permits and the collection of feels shall be as authorized in Minnesota Statues, 1613.62, subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted in Section 1015 of the Plymouth City Code. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statute 1613.70. 400.09 Building code Optional Chapters. The following optional chapters and appendices are not a mandatory part of the Minnesota State Building Code but are adopted by reference for the City of Plymouth and are incorporated into this Code as completely as if set out in full. (1) Chapter 1306, Special Fire Protection Systems. (2) Chapter 1335, Flood Proofing Regulations, Parts 1335.0600 to 1335. (3) Appendix Chapter J (Grading), of the 2002 Supplements to the International Building Code. The following optional provisions identified in Section 400.09 (1) are hereby adopted and incorporated as part of the building code for the City of Plymouth. 1. 1306.0020, Subpart 3. 2. 1306.0030, E. Option 1. 400.11. Numbering of Houses and Buildings. Subdivision 1. Numbers Required. Each owner and each and every occupant of a house or commercial building in the City shall place on the front of each such house or commercial building, house or building numbers in accordance with the instructions of the Building Official and in conformance with the following: (a) Address numerals of one and two family dwellings shall be at least four (4) inches in height; shall be of durable materials; shall be of contrasting color to the base to which they are attached. (b) Address numbers or identification for all other dwelling buildings and complexes, public buildings, commercial buildings and industrial buildings shall conform with the above criteria, except that the Building Official may require numerals exceeding four (4) inches in height. (c) Address numbers or identification shall be placed so to be directly and conveniently visible from public access to the facility. (1) In the case of one and two family units, the addressing shall be attached to the building at the front entrance or such other location approved or required by the Building Official. (2) In the case of multiple dwelling and townhouse complexes, approved addressing shall be attached to the buildings at the main entrance nearest and adjoining driveway, public or private street or at such other location(s) as directed by the Chief Building Official. In the case of dwelling complexes which may be assigned a common address, addressing shall be displayed in a manner approved by the Building Official at the main entrance(s) to the complex. (3) In the case of individual detached commercial and industrial establishments, addressing shall be attached to the building at the front entrance or at such other location as may be required by the Building Official. (4) In the case of attached commercial and industrial establishments, clustered in a complex or in a multi -tenant building, approved addressing shall be attached to the building at the main entrance(s) to the establishment(s), nearest to the adjoining driveway, public or private street, and at such other location(s) as directed by the Building Official. In the case of complexes or multi -tenant buildings which may be assigned a common address, addressing shall be displayed in a manner approved by the Building Official at the main entrance(s) to the complex. (5) Individual dwelling units in multi - family dwellings, and individual tenant areas in multi -tenant commercial and industrial buildings, which have entrances not facing on adjoining public or private street or driveway, shall have permanent, approved addressing placed at each entrance to said dwelling or tenant area. In the case of multi -story buildings, said addressing shall be sequential, corresponding with the respective floor or level. Subd. 2. Certificate of Occupancy. No Certificate of Occupancy shall be issued for a structure not in compliance with this Subsection. Subd. 3. Duties of Inspector; Enforcement. It is the duty of the Building Official to enforce this section. The Official shall give the owner or occupant of any house or commercial building which does not conform with this section 15 days written notice within which to comply with the terms thereof. 400.13. Building Permits; Required Information. Each application for a building permit shall be accompanied by a site plan, drawn to scale and based upon a certified land survey which shall include the following: (a) All existing Buildings with dimensions of each and the distance measured perpendicular from lot lines to the nearest point of each Building. (b) All proposed Buildings with dimensions of each and distance measured perpendicular from the lot lines to the nearest point of each Building. (c) Elevations to sea level datum of the center line of the nearest street at points where the side line of proposed Buildings extended intersect said street. (d) Proposed elevations to sea level datum of the top of foundation, garage floor and the lowest floor. (e) The approved lowest floor minimum elevation shall be no less than two (2) feet above the established 100 -year flood plan elevation as determined by the City Storm Water Drainage Plan and/or the Federal Flood Insurance Map, subject to approval by the City Engineer. (f) Existing and proposed elevations to sea level datum of grade at each property corner and within five feet of foundation on all sides of proposed Buildings. (g) Proposed slope or grade of ground for a distance of not less than 25 feet in front of and in back of foundation. (h) Elevation to sea level of sanitary sewer main, if existing, at point of connection. (i) All existing utilities, easements, drainageways, waterways and swamp land on or within the property, including the location and elevation of all emergency overflows. (Ord. 2002 -10, 0311212002) 0) Indication and notation of all proposed variances. (k) For one and two family dwellings, the location of an attached or detached garage, containing at least one parking stall, which could be built in addition to the dwelling within ordinance setback standards. (1) Certification that the Building and proposed site grading are in accordance with the City -wide storm water drainage plans and/or grading plans approved by the City Engineer for the specific development or subdivision. (m) Certification that permanent iron monuments are in place at each lot corner. (n) Indication that permanent iron monuments are placed on each side of the lot a distance from the front lot line equivalent to the proposed front building setback line. In the event the distance from the side line to the proposed Building is greater than 30 feet, stakes shall be placed on the front building line a distance not to exceed 30 feet from the proposed Building. (o) Location of existing Buildings on adjacent properties, within 25 feet of the lot lines, to include top of foundation elevation and distance to front and side property lines. (p) Location of all proposed decks, porches, stairways, cantilevers, fireplaces, bay and bow windows. (q) Location and elevation of all sanitary and storm sewer manholes, hydrants and catch basins. (r) The location of all proposed driveways, curb cuts, and retaining walls, including proposed driveway slope and height of retaining wall. (s) Indication, with arrows, the direction of proposed surface drainage in accordance with the City -wide storm water drainage plans and/or grading plans approved by the City Engineer for the specific development or subdivision. (t) For properties which abut lakes and ponds, indicate by contour line, the Ordinary High Water Elevation (OHW) and distance to the nearest point of the proposed Building. (u) Proof proposed Building is located on parcel of land abutting on a street or highway which said street or highway has been approved by the City, and otherwise meets the requirements of Minnesota Statutes Section 462.358, as amended. (Ord. 94 -22, 11121194) (v) Location of erosion control devices. (Ord. 95 -17, 03121195) (w) Location of permanently installed wetland buffer monument signage, when required. (Ord. 96 -26, 10102196) (x) Location of all rain gardens when required. (Ord. 2002 -10, 0311212002) (y) For properties located within a Shoreland Management Overlay District, indicate the total percentage of impervious surface area coverage. 400.15. Installation of Devices that Convey Ground Water. All drain tile and sump systems, sumps, or other system or device designed to collect and convey storm water, surface water, ground water, roof water runoff, subsurface drainage, cooling water, or unpolluted industrial process water which are installed with new construction or in conjunction with remodeling of existing structures shall be constructed in a permanent manner so as to discharge the water to the Storm Water Drainage System. The installation shall be done in a manner so that such waters are not conveyed, directed, or discharged into the municipal sanitary sewer. 400.17. Structures Abutting Water Storage Areas, Requirements. An "as built" survey, certified by a Minnesota registered Civil Engineer or Surveyor, shall be submitted to the Building Official indicating the elevation of the lowest floor level and the top of the installed foundation wall for those sites which abut lakes, ponds, streams, and/or surface water drainage routes as shown on the City's storm water drainage plan or final grading plan and therefore are deemed to be subject to flooding and high water damage. The survey and certification shall be compared to the established minimum elevations and approved by the Building Official prior to any further construction above the foundation wall. Should the submitted survey data indicate that the installed floor elevation would be less than the approved required elevation, the Building Official shall require appropriate corrective measures before any further construction beyond the foundation walls is permitted. 400.19. Final Inspections. Subdivision 1. Certification. Final inspections and authorization of occupancy of all new Buildings shall be performed upon receipt of written certification by an engineer or land surveyor registered in Minnesota that the grades and elevations of the site and Building are in accordance with the approved plans. Subd. 2. Extensions. In those situations where the City Manager, or such city employee designated by the City Manager, determines that the certification required by Subdivision 1 is not feasible due to weather conditions or other circumstances preventing action from being taken, the permittee, prospective owner, or prospective occupant may, in lieu of the certification, submit an agreement, acceptable to the City Manager, agreeing to provide the certification no later than six months from the date of the agreement. The permittee, prospective owner, and/or prospective occupant shall hold the City harmless from any conditions relating to the grading and elevation of the site and shall bear all costs associated with correcting the grading and elevations, if necessary, to conform with the approved plans and all costs, including legal fees, incurred by the City in collecting costs due hereunder. If permittee, prospective owner and/or prospective occupant or their successors or assigns fail to pay costs incurred under this Subdivision, the City may either bring legal action or specially assess the effected property. The permittee, prospective owner and/or prospective occupant shall enter into an Agreement setting forth the terms of this Subdivision. SECTION 2. Amendments to City Code. The text of Chapter 9 of the City Code of the City of Plymouth, Minnesota is hereby amended as follows:: Section 905 - Fire Prevention Code 905.01. State Fire Code. Subdivision 1. Minnesota State Fire Code Adopted. The Minnesota State Fire Code (2000 Edition of the International Fire Code) is hereby adopted as the fire code for the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the Minnesota State Fire Code, except as modified or amended by this Section, is hereby adopted and made a part of this Section as if fully set forth herein. (Ord. 94 -18, 10117194) (Ord. 2002 -30, 1111212002) Subd. 2. Enforcement. The Building Official serving the City, or the representative authorized by the Building Official, shall enforce the provisions of this Section. Subd. 3. Minnesota State Fire Code Definitions Applied to this Section. (a) Wherever the word "jurisdiction" is used in the Minnesota State Fire Code, it shall be held to mean the City of Plymouth. (b) Wherever the word "municipality is used in the Minnesota State Fire Code, it shall be held to mean the City of Plymouth. (c) Wherever the words "Fire Chief or Code Official" are used in the Minnesota State Fire Code, it shall be held to mean the Building Official for the City of Plymouth or the Building Official's authorized designee. (Ord. 94 -18, 10117194) Subd.4. Amendments Made in the Minnesota State Fire Code. The following sections of the Minnesota State Fire Code are amended as follows: (a) Section 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be paved having a 7 ton driving capacity. (b) Section 508.5.1 Exceptions: 1. For buildings other than those regulated by the International Residential Code equipped throughout with an approved automatic sprinkler system installed in accordance with NFPA 13 or NFPA 13R, the distance requirement shall be one fire hydrant within 50 feet of the fire department connection, and 600 feet for other fire hydrants. (c) In addition to the appendices to the International Fire Code adopted in the Minnesota State Fire Code, the following appendix of the International Fire Code is adopted as part of the fire code for the City: B. (Ord. 94 -18, 10/17194) 905.03 Inspection Authority. Duly authorized officers of the City may enter upon private property for the purpose of operating and maintaining fire hydrants. Fire hydrants shall be inspected annually by the City, and an annual inspection fee established by the City Council shall be charged for this service. There shall be no charge for multi - residential property. (Ord. 99 -26, 11102199) 905.05 Fire Apparatus Access Road Signs. When a fire lane or emergency access has been ordered to be established, it shall be marked by a sign bearing the words "No Parking - Fire Lane" or a similar message. When a fire lane or emergency access is on public property or a public right -of -way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person shall park a vehicle or otherwise occupy or obstruct the fire lane or emergency access lane. 905.07Fees. The Building Official is hereby authorized to charge a fee for all plan checks and inspection work relating to fire extinguishing systems in accordance with Chapter X of this Code. 905.09. Interference with Department. It is unlawful to give or make or cause to be given or made, an alarm of a fire without probable cause or to neglect or refuse to obey any reasonable order of the Fire Chief at a fire, or to interfere with the fire department in the discharge of its duties. 905.11. Tanks Containing Flammable or Combustible Liquid or Gas. The Building Official is hereby authorized to charge a fee for all plan checks and inspections of work relating to the installation, modification, removal or abandonment of all tanks containing flammable or combustible liquids or gas in accordance with Chapter X of this Code. (Ord. 94 -18, 10/17194) 905.13. Fire Protection Plan Required. A reproducible and legible 8 -1/2 inch x 11 inch "as built" Fire Protection Plan shall be submitted to and approved by the Building Official or the Building Official's designated representative prior to the issuance of a Certificate of Occupancy for all developments, other than one and two family dwellings for which site plan approval is required by the Plymouth Zoning Ordinance. (Ord. 94 -18, 10/17194) (Ord. 2002 -30, 1111212002) 905.15. Fires or Cooking Devices on Balconies or Patios. Subdivision 1. Prohibition. No person may kindle, maintain or cause any fire or Open Flame Fire or store or use any Cooking Device, fuel, torch, or other heating or lighting equipment or flammable chemicals on any balcony above ground level or on any ground floor patio immediately adjacent to or within 15 feet of any unit in any structure containing two or more vertically stacked residential units. Subd. 2. Exception; Permitted Cooking Devices in Certain Structures. Subdivision 1 does not apply to the storage or use of Permitted Cooking Devices on balconies or ground floor patios that are constructed of noncombustible material on five or six sides. Fuel for a Permitted Cooking Device must be stored in compliance with Subdivision 1 of this Section. Subd. 3. Exception; Permanent Natural Gas and Electrical Cooking Devices. Natural gas fired or electrically heated Cooking Devices that are permanently mounted, plumbed to the building's natural gas supply or electrically connected to the building's electrical service, not merely plug -ins, and which maintain a minimum clearance of 16 inches on the sides and back of the device may be installed on balconies and patios. Subd. 4. Definitions. For the purpose of this Subsection, the following terms shall have these meanings: (a) "Cooking device" means any barbecue, rotisserie, roaster, oven or similar equipment used in food preparation. (b) "Open flame fire" means any burning of fuel, and includes any torch, Rare, decorative light, fondue or other heating, burning, or lighting equipment or device having an open flame. (c) "Permitted cooking device" means a cooking device fueled by briquettes or electricity or a permanently mounted natural gas cooking device as described in subdivision 3 of this subsection. Section 940 - Open Burning 940.17. Rules Adopted by Reference. Minnesota Statutes 88.01 to 88.22, 88.75, 88.76, as amended, and Minnesota State Fire Code, as amended, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. (Ord. 94 -12, 07/11/94) SECTION 3. Amendments to Cites The text of Chapter 10 of the City Code of the City of Plymouth, Minnesota is hereby amended as follows: Section 1015 - Permit Procedures and Fees 1015.01. Permits Required. It is unlawful to conduct any activity in the City for which a permit is required by any provision of this Code without first obtaining the permit from the City in the manner provided in this Section. 1015.03. Application for Permit. Application for a permit is made to the City Manager on forms furnished by the City. The application shall contain information as to location, nature, extent and costs of the proposed structure, work, installation, activity, or other purpose, and other information which the Building Official or other duly authorized persons may require under this Code. The application shall contain a declaration that the facts and representations therein made are true and correct, which statement shall be subscribed to by the person or persons, or officers or agents of a corporation, applying for the permit. 1015.05. Granting of Permits. Upon payment to the City by the applicant of the required fee for any permit, and upon approval of the appropriate inspector, the permit shall be issued, except where City Council approval is required, in which case the appropriate officer may issue the permit only after approval is granted by the City Council. 1015.07. Payment of Fees. Subdivision 1. Pa lent. The permit fee and other fees and charges set forth in this Code shall be collected by the City before the issuance of any permit, and the City Clerk, Building Official, or other persons authorized to issue a permit for which the payment of a fee is required under the provisions of this Code may not issue a permit until the fee has been paid. Subd. 2. Double Fees. If a person begins work of any kind for which a permit from the City is required without having secured the necessary permit therefore, either previous to or on the date of commencement of such work, he or she shall, when subsequently securing such permit, pay double the fee provided for the permit, and is subject to the penalty provisions of this Code. Subd. 3. Refunds. Application fees may not be refunded unless the application is withdrawn prior to its referral to the Planning Commission by the City Clerk or the City Council. All refunds are subject to a 20% service charge. 1015.09. Permit Fees. The fees and charges for the various permits required by this Code are set forth in this Subsection. 1015.11. General Rule. Subdivision 1. Building; Permit and Plan Review Fees. Building permit and plan review are those set forth in Subdivision 2. Subd.2. Fees. (a) Plan Review Fees. Plan review fees required by this Section shall be: 65% of the building permit fee 25% of the building permit fee for similar plans built from a master plan in accordance with the provisions set forth in the Minnesota State Building Code. The Building Official shall determine whether the plan is substantially similar to the master plan. (b) Building Permit Fees. The following schedule of building permit fees shall remain effective until revoked by action of the City Council. Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours $47.00 per hour* (minimum charge - two hours) 2. Reinspection fees assessed $47.00 per hour* for each Inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 3. Inspections for which no fee is specifically indicated (minimum charge - one -half hour) 4. Additional plan review required by changes, additions or revisions to plans (minimum charge - one -half hour) 5. For use of outside consultants for plan checking and $47.00 per hour* $47.00 per hour* inspections, or both Actual costs ** * Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. * * Actual costs include administrative and overhead costs. (Ord. 95 -34, 06106195) (Ord. 95 -35, 06106195) (Ord. 98 -39; 11118198) 1015.13. Plumbing. Plumbing permit procedures and fees are as follows. It shall be unlawful for any person to perform work subject to the Building Code for which a permit is required without first obtaining a permit therefore from the City; such permits shall be issued by the City only to persons licensed as plumbers by the State and registered as such with the City or to persons making application to do any such work wholly within a residence owned and occupied by the applicant to whom the permit is to be issued and who shall be charged the following as permit fees: (a) Base minimum permit fee (In addition to other fees set forth in (b) to (d) below (b) Each fixture (c) Yard sprinkler (d) Each permit for alteration or repair of existing plumbing and for other plumbing work not included above thereof (e) Water softener (Ord. 98 -7, 03118197; Ord. 98 -39; 11118198) 1015.15. (Repealed, Ord. No. 79 -4, Sec. 1) $11 Residential $16 Commercial $8 $20 $8 for the first $100 or fraction thereof in estimated cost; $3 for each additional $100 in estimated cost or fraction $15 per each 1015.17. Heating, Air Conditioning, Ventilation, and Refrigeration Fees. (a) For the installation of any central heating and/or air conditioning system, the fee shall be I% of the estimated cost. The minimum fee shall be $80 for any such central system. (b) For additional alterations or repairs to any central system, the permit fee shall be 1% of the estimated cost. The minimum permit fee shall be $25. (c) For each appliance or piece of equipment regulated by the Code, but not classed in other appliance categories or for which no other fee is listed in this Code, the fee shall be 1% of the estimated cost. The minimum permit fee shall be $25. (Ord. 94 -20, 11107194; Ord. 98 -39; 11118198) 1015.19. Water and Sanitary Sewer Permit Fees. Water and sanitary sewer permit fees are as follows: (a) Residential Water Connection or Disconnection (b) Commercial Water Connection or Disconnection (c) For larger size connections (d) Water turn-off /turn -on charge 1) During regular business hours 2) Outside regular business hours (e) Curb box adjustment: Residential $25 plus cost of meter $35 plus cost of meter $35 plus cost of meter in relation to its size $30 $45 $35 (Ord. 94 -20, 11/07/94) (Ord. 96 -32, 12118196) (Ord. 98 -7, 03118198) (Ord. 99 -27, 11/02/99) 1015.21 Other Permit Fees and Charges. The fees and charges for other activities requiring a permit under this Code are set by this Subsection under the following headings: Type of PermitFee or Charge Search Requests Return Check Fee Dog Impoundment Moving Massage Therapist Certification Massage Therapy Center License refundable) Sexually Oriented Business - Primary $15 $15 $36 plus boarding costs and extraneous fees $125 per building $50 investigation fee, $25 annual certification fee $100 investigation fee (non $50 licensing fee $50 renewal fee On premises uses $5,000 annual license fee Off premises uses $1,000 annual license fee Investigation fee Actual costs, not to exceed $3,000 Sexually Oriented Business - Accessory No license fee Commercial $70 (f) Industrial, Commercial, Public and Institutional Property Private Fire Hydrant Inspection Fee $35 per year each (g) Reinspection Fee $15 (h) Temporary Water Service Connection $20 plus cost of water used and $100 deposit required (i) Water Meter Testing: 5/8" to 2" meters $25 3" meters $150 4" meters $150 6" meters or larger $150 (j) Residential Sewer Connection or $25 Disconnection (k) Commercial /Industrial Sewer $35 Connection or Disconnection (1) Commercial/Industrial Water $20 Pressure and/or Conductivity Test (m) Violation of Water Sprinkling Ban $100 for each day of violation of Section 720.41 (Ord. 94 -20, 11/07/94) (Ord. 96 -32, 12118196) (Ord. 98 -7, 03118198) (Ord. 99 -27, 11/02/99) 1015.21 Other Permit Fees and Charges. The fees and charges for other activities requiring a permit under this Code are set by this Subsection under the following headings: Type of PermitFee or Charge Search Requests Return Check Fee Dog Impoundment Moving Massage Therapist Certification Massage Therapy Center License refundable) Sexually Oriented Business - Primary $15 $15 $36 plus boarding costs and extraneous fees $125 per building $50 investigation fee, $25 annual certification fee $100 investigation fee (non $50 licensing fee $50 renewal fee On premises uses $5,000 annual license fee Off premises uses $1,000 annual license fee Investigation fee Actual costs, not to exceed $3,000 Sexually Oriented Business - Accessory No license fee Emptying contents of Individual Sewage Disposal Systems into Municipal Sanitary Sewer System Signs Requiring Permits State Electrical Permit Forms Street Excavation Duplicate Inspection Record Cards Grading Permit and Plan Review Fees Total Cubic Yards 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 cubic yards Current sewer usage volume charge $10 per truck load minimum $25 per every 32 square feet and fraction thereof of surface area, up to and including 96 sq. ft. or $75 plus $5 per every 100 sq. ft. and fraction thereof of surface area, over 96 sq. ft. $3 per form $30 $4 GRADING PERMIT FEES' Fee 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 cubic yards or more $23.50 $37.00 $37.00 for the first 100 cubic yard plus $17.50 for each additional 100 cubic yards or fraction thereof $194.50 for the first 1,000 cubic yards plus $14.50 for each additional 1,000 cubic yards or fraction thereof $325.00 for the first 10,000 cubic yards plus $66.00 for each additional 10,000 cubic yards or fraction thereof $919.00 for the first 100,000 cubic yards plus $36.50 for each additional 10,000 cubic yards or fraction thereof Other Inspections and Fees 1. Inspection outside of normal business $47.00 per hour2 hours 2. Reinspection fees assessed for each $47.00 per hour2 inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 3. Inspections for which no fee is $47.00 per hour2 specifically indicated (minimum charge — one -half hour) 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 O the total hourly cost to the City, whichever is the greatest. The cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. GRADING PLAN REVIEW FEES Total Cubic Yards Fee 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,001 cubic yards or more No fee $23.50 $37.00 $49.25 $49.25 for the first 10,000 cubic yards plus $24.50 for each additional 10,000 cubic yards or fraction thereof $269.75 for the first 100,000 cubic yards plus $13.25 for each additional 10,000 cubic yards or fraction thereof $402.25 for the first 200,000 cubic yards plus $7.25 for each additional 10,000 cubic yards or fraction thereof Other Fees 1. Additional plan review required by $47.00* changes, additions or revisions to approved plans (minimum charge — one -half hour) *Or the total hourly cost to the City, whichever is greatest. This cost shall include supervisors, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Bow and Arrow Deer Hunting Permit $10 (Ord. 94 -20, 11107194) (Ord. 95 -21, 04104195) (Ord. 96 -31, 12111196) (Ord. 96 -32, 12118196) (Ord. 98 -7, 03118197) (Ord. 98 -39, 11118198) 1015.23. Zoning and Subdivision Fees: Special Provisions. Subdivision 1. Scone and Application. This Subsection applies to applications for the platting or replatting of land and variances from platting regulations made pursuant to Section 500 of this Code, and to applications for zoning district changes, zoning code text amendments, conditional use permits, and variances, made pursuant to the Zoning Code (Appendix I of this Code). Subd. 2. Fees. (a) Conditional or Interim Use Permit Fee (b) Preliminary Plat Fee (c) Final Plat Fee (d) Rezoning Fee (Amending District Boundaries) (e) Zoning Ordinance Amendment Fee (Amending Ordinance Text) (f) Site Plan Review Fee: Sketch Plan Site Plan Site Plan Amendment (g) Zoning Variance Fee (h) Subdivision Variance Fee $100 for new home occupation applications $200 for all other new applications $35 for all renewals $21 per acre of land area to be platted, plus $10 per lot and outlot Minimum Fee: $285 plus legal fees for title review $150 From FRD District $450 From all other Districts: $450 $135 $100 $300 $150 All variances: $100 per application $100 per application (i) Lot Division Fee 0) Lot Consolidation fee (k) Comprehensive Plan Amendment Fee (1) Administrative Permit (m) Planned Unit Development Sketch (n) Planned Unit Development General (o) Planned Unit Development Final Plan (p) Planned Unit Development Amendment (Ord. 96 -32, 12118196) (Ord. 98 -39; 11118198) $150 for each new parcel $70 $500 $50 $35 for renewals $100 $400 $150 $200 Subd. 3. Reduced Site Plan Review Fees. The fee for Site Plan review shall be 50% of the Site Plan review fee provided in Subdivision 2 under the following circumstances: (a) When plans are submitted after the City Council approval has either expired or has been extended but where no substantive changes have been made to the plans other than required by this Code or Ordinance, in accordance with the Plymouth Zoning Ordinance. (b) When plans have been submitted proposing minor structural and/or minor site expansions or modifications as provided by the Plymouth Zoning Ordinance. Subd. 4. Proposed Development and Land Use Action Announcement Sijzn Fees. A base fee of $165 will be charged for the installation and removal by the City of signs announcing proposed developments and land use actions as required by Section 21022.01 of the Zoning Ordinance. This fee shall be in addition to the established planning application fee set forth in Subd. 2. The base fee will cover the cost of the installation of one development sign. For each additional sign required, an additional $50 fee shall be paid. (Ord. 98 -39; 11118198) 1015.25. Fire Extinguishing shing System: Fees. (a) For automatic fire extinguishing systems .005 x contract price. The minimum fee shall be $25. (Ord. 98 -7, 03/18/97) 1015.27. Tanks Containing Flammable or Combustible Liquid or Gas: Fees. (a) For the installation, modification, removal, or abandonment or any under or above - ground tank, the permit fee shall be $50 per tank. (Ord. 98 -7, 03118198) SECTION 4. Amendments to City Code. The text of Chapter 11 of the City Code of the City of Plymouth, Minnesota is hereby amended as follows: Section 1115 - Gasoline Service Stations 1115.01. License Required. Subdivision 1. General Rule. No person shall engage in the business of operating a Gasoline Service Station within the corporate limits of the City without a license therefore. Subd. 2. Application. The application for a license shall state the name of the applicant and the name of the person or corporation who will regularly supply the gasoline or oil to be sold upon the premises for which the license is requested and whether the applicant is a lessee or owner of the premises. Subd. 3. License Fees. The annual license fee for each Gasoline Service Station is set by Chapter X. 1115.03. Traffic Hazards from Use Prohibited. The Gasoline Service Station may not create undue traffic hazards or traffic congestion by reason of the turning movements which vehicles would make in entering or leaving the site. 1115.05. Compliance with Other Regulations. Notwithstanding anything to the contrary contained in this Section, the construction and use of Gasoline Service Stations shall comply with all provisions of the Zoning Ordinance; the Minnesota State Building Code and the Minnesota State Fire Code. 1115.07. Junk and Used Car Operations Prohibited. The Gasoline Service Station property shall not be used as a place of storage for or depository of wrecked, abandoned or junked vehicles, or for the sale or display for sale of used vehicles. 1115.09. Hours of Operation for Certain Locations. The City Council may establish specific hours of operation with the license approval and the hours of operation shall be in accordance with the hours specified, unless amended by the City Council. 1115.11. Standards Deemed Conditions of License; Violation of Conditions Prohibited. The standards set forth in this Section are conditions of the granting of any license by the Council for a Gasoline Service Station, along with any other conditions which may be imposed, and any violation of such conditions is unlawful. Section 1155 - Alarm S,, std 1155.19. Penalties. Subdivision 1. Any Alarm User who fails to register an alarm system after being given notice and ample opportunity is guilty of a petty misdemeanor. Subd. 2. Any person who fails to pay any fees levied after given opportunity to appeal, is guilty of a petty misdemeanor. 1155.21. Maintenance of Fire Alarm and Automatic Fire -Extin iu�iz Systems. All new and existing Fire Alarm and Automatic Fire - Extinguishing Systems, shall be maintained in accordance with the provisions set forth in the Minnesota State Fire Code.. (Ord. 2001 -08, 0212712001) 1155.23. Unpaid Fees. Any fee required under this Section which is not paid within the time required herein shall be certified as "past due" by the City Clerk who in turn shall include it as an assessment for a current service under Section 810, if allowed. (Ord. 2000 -19, 0512312000) SECTION 5. Amendments to City Code. The text of Chapter 20 of the City Code of the City of Plymouth, Minnesota is hereby amended as follows: Section 2005 - Misdemeanors, Special Provisions 2005.26. Trespass. It is the intent of this ordinance to allow the City of Plymouth to prohibit individuals from trespassing and provide a method of notification to individuals who continue to trespass after being asked to leave or not return to the premises of another. (a) No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager or a tenant authorized to exercise control over the covered premises or portion involved. (b) No person served with a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent, or assign. (c) No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following: "No Trespassing ", "Authorized Personnel Only ", "Employees Only ", or "Emergency Exit Only„ (Ord. 98 -8, 03118198) 2005.27. Provisions of Criminal Code Adopted By Reference. Subdivision 1. The provisions of Minnesota Statutes, Chapter 609, as set forth in this subsection, are hereby adopted by reference and are as much a part of this Code as if fully set forth herein, and a violation of the Statutes adopted by reference herein is a violation of this Code. Subd. 2. Section 609.17, "Attempts ". Subd. 3. Section 609.175, "Conspiracy ". Subd. 4. Section 609.22, "Assault ". Subd. 5. Section 609.27, "Coercion ". Subd. 6. Section 609.32, 'Prostitution ". Subd. 7. Section 609.33, "Disorderly House or Place of Public Resort". Subd. 8. Section 609.375, "Non- Support of Wife or Child ". Subd. 9. Section 609.505, "Falsely Reporting a Crime ". Subd. 10. Section 609.52, "Theft ". Subd. 11. Section 609.535, "Issuance of Worthless Checks ". Subd. 12. Section 609.544, "Misuse of Credit Card ". Subd. 13. Section 609.576, "Negligent Fires ". Subd. 14. Section 609.60, "Dangerous Trespasses and Other Acts ". Subd. 15. Section 609.605, "Trespasses and Other Acts ". Subd. 16. Section 609.66, "Dangerous Weapons ". Subd. 17. Section 609.68, "Unlawful Deposit of Garbage, Litter and Like ". Subd. 18. Section 609.705, "Unlawful Assembly ". Subd. 19. Section 609.715, 'Presence at Unlawful Assembly ". Subd. 20. Section 609.72, "Disorderly Conduct ". Subd. 21. Section 609.725, "Vagrancy ". Subd. 22. Section 609.75, "Gambling ". Subd. 23. Section 609.755, "Acts Relating to Gambling" Subd. 24. Section 609.805, "Ticket Scalping ". SECTION 6. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council this 22nd day of July, 2003. Judy A. Johnson, Mayor ATTEST: LW .