HomeMy WebLinkAboutCity Council Ordinance 2012-17CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2012-17
AN ORDINANCE AMEMDING SECTIONS
940,1015, 1017, AND 1018 OF THE CITY CODE
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 940 of the City Code is hereby amended as follows:
Section 940 - Open Burning
940.01. Open Burning D,., ed. Except as otherwise permitted by this Section, no
person shall start or allow any Open Burning on any property in the City without first having
obtained an Open Burn Permit. (Ord. 94-12, 7/11/94)
940.03. Conditions Appropriate for Open Burn Permit Issuance. The Open Bui:ftiag
laspee4e Fire Department may issue a Burning Permit for any of the following conditions or
reasons:
A. Fires set for the elimination of a fire hazard which cannot be abated
by any other practical means.
B. Fires purposely set for forest, prairie and game management purposes
when no other alternative methods are practical.
C. The burning of trees, brush, grass and other vegetable matter in the
clearing of land, the maintenance of parks, street, roadway, highway or
railroad right-of-way and in accepted agricultural land management practices
where chipping, composting, landscaping or other alternative methods are not
practical.
D. The disposal of diseased trees generated on site, diseased or infected
nursery stock or diseased bee hives.
E. Ground thawing for utility repair and construction.
940.05. Regulations. Subdivision 1. Prohibited Materials.
A. No permit may be issued for the Open Burning of oils, petrol fuel,
rubber, plastics, chemically treated materials or other materials which
produce excessive or noxious smoke such as tires, railroad ties, treated,
painted or glued wood, composite shingles, tar paper, insulation, composition
board, sheet rock, wiring, paint or paint fillers.
B. No permit shall be issued for the Open Burning of hazardous waste or
salvage operations, solid waste generated from an industrial or manufacturing
process or from a service of commercial establishment, or building materials
generated from demolition of a commercial or industrial structure, or
discarded material resulting from handling, processing, storage, preparation,
serving or consumption of food.
Subd. 2. Location. The location of the burning shall not be within 600 feet of an
occupied residence other than those located on the property on which the burning is
conducted, or an adequate distance as determined by the Open BuFning Inspee4effire
Department. Also, the location shall not be within 50 feet of a structure or other
combustible material on the property on which the burning is conducted, or an adequate
distance as determined by the Open Btmiiag laspee4effire Department. The burning shall
be conducted as far away as practical from any highway or public road and controlled so that
a traffic hazard is not created.
Subd. 3. WindWeather. Ti. pr -"Ii" wind at the time of the b,,,..,;„,. " be
away from near -by r-esideftees ead- must be less than 15 mfles per- heaf Open burning is
prohibited in the City at any time the fire danger level is at or above VERY HIGH as defined
by the Minnesota Department of Natural Resources (DNR). Current fire danger levels can
be found at the DNR website or as ordered by the Fire Chief.
Subd. 4. Time. Burning is only allowed Monday through Friday between sunrise
and sunset on the permitted days allows for the burn. Fires must be broken down between
the allowed times. No fire may be allowed to smolder.
Subd. 5. Permit Period. Permit period is ene :eek as defined by the Fire Department.
Subd. 6. Stumps. No stumps are allowed in the burn.
Subd. 7. Year Round Requirement. Permits are required year round.
Subd. 8. Open Burn Permit Holder Responsibility. The holder of an approved Open
Burn Permit shall be held responsible to the following:
A. The morning of the proposed burn, notifying the Opel
hospeetef Fire Department of the proposed burn.
B. Prior to starting an Open Burn, confirming that no burning ban or air
quality alert is in effect.
C. Having a valid permit in possession at the burn site at all times during
the burn, available for inspection by the Police and/or Fire Department,
Depafftnei# of Natural DNR3 Forest/Conservation Officer, or the
City Forester.
D. Constant attendance by the permit holder or competent representative
during a burn event.
E. Availability at the burn site of appropriate communication and fire
suppression equipment as required by the permit or any fire safety plan
approved by the City as part of the permit process.
F. Completely extinguishing the Open Burn fire before the permit holder
or representative leaves the site and/or before dusk.
G. Incurring all costs resulting from the burn including, but not limited
to, fire suppression, administrative fees, property damage, and personal
injuries.
H. Complying with and implementing all general and special conditions
under this Section and required by the permit. (Ord. 94-12, 7/11/94)
940.07 Procedure for Open Burn Permit lasuanee Guideline. The procedure for
issuing an Open Burn Permit shall be as follows:
A. Application for a Burning Permit shall be submitted to the laspeete
Fire Department, on a form prescribed by the DNR and adopted by the City,
at least seven days prior to the proposed date of the burn.
B. The Open BuFaing Inspeete Fire Department shall review the
application to insure compliance with the provisions of this section and any
applicable State laws and/or regulations.
C. The Open BuFning laspeete Fire Department shall inspect the
proposed burn site on such occasions and at such time as is deemed necessary
to adequately review the application. Submission of the application shall
constitute authorization for the Open Buming Inspee4e Fire Department to
enter the premises for this purpose.
D. Within seven calendar days after receipt of the application, the Open
Buming eeteF Fire Department shall either grant or deny the application.
(Ord. 94-12, 7111 /94)
E. The fee for an Open Burn Permit is set forth in Chapter X.
940.09 Denial of Open Burn Permit. Applications for a Burning Permit may be
denied for any of the following reasons, which shall be set forth in writing:
A. The proposed fire or burn site does not meet the requirements of this
section.
B. The Open Bufning laspeete Fire Department determines that there is
a practical alternative method of disposal of the material.
C. The Open Bufning Inspee4e Fire Department determines that the fire
would result in a pollution or nuisance condition.
D. The Open Bufaing lnspec4e Fire Department determines that the
burn cannot be safely conducted and no plan has been submitted to
adequately address the safety concerns. (Ord. 94-12, 7/11194)
940.11. Revocation of Open Burn Permit. An officer of the DNR, or the Fire Chief;
may revoke any Burning Permit for appropriate reasons
including, but not limited to:
A. A fire hazard exists or develops during the course of the burn.
B. Pollution or nuisance conditions develop during the course of the
burn.
C. A reasonable, practical alternative method of disposal of the material
exists.
D. Any of the conditions of the permit are violated during the course of
the burn. (Ord. 94-12, 7/11194)
940.13. Exemptions From Open Burn Permit Requirements. Subdivision 1. Trainin
Fires. Fires purposely set under the supervision of the Fire Department for the instruction
and training of fire fighting personnel shall be exempt from the prohibition of Section
940.01.
�,^^ the Subd. 2. Camp/Recreational Fires. Camp and/or Recreational Fires �e-erpt
from e pr-ehibiti6n of Seefien 940.01, subjeet totmoi e f lle viing e..i.`1.:being +:
meeting the conditions below do not require an Open Burning Permit:
A. Camp/Recreational Fire Site Requirements: A Camp/Recreational
fire shall be located within an area of no more than three foot diameter circle
(measured from the inside of the fire ring or border), completely surrounded
by non-combustible and non -smoke or odor producing materials, either of
natural rock, cement, brick, tile or block of ferrous metal only and which area
is depressed below ground, on the ground, or on a raised bed. Permanent
outdoor wood burning fireplaces shall also meet these requirements.
Camp/Recreation Fire sites shall not be located closer than 25 feet to any
structure.
B. Camp/Recreational Fire Burn Requirements: When a
Camp/Recreational Fire is used for recreational purposes, it must comply
with the following requirements:
1. The Fire is ignited with approved materials.
2. Only clean Wood or charcoal may be burned. No burning of
trash, leaves or brush is allowed.
3. Fire -extinguishing equipment, such as buckets with sand
and/or dirt, shovels or garden hoses, are readily available.
4. The fire is constantly attended by a person knowledgeable in
the use of fire extinguishing equipment and an attendant supervises
the fire until the fire has been totally extinguished.
5. Respect is given to weather conditions, neighbors, burning
bans, and air quality so that nuisance, health or safety hazards will not
be created.
6. Recreational fires are prohibited in the City at any time the fire
danger level is at or above VERY HIGH as defined by the DNR.
Current fire danger levels can be found at the DNR website or as
ordered by the Fire Chief.
C. Categories Not Included. Mobile cooking devices such as
manufactured hibachis, charcoal grills, wood smokers, and propane or natural
gas devices and Burners are not defined as Camp or Recreational Fires.
Subd. 3. DNR -Permitted Fires. Fire training and permanent burn sites with DNR
permits shall be exempt from the prohibition of Section 940.01.
940.15. Burning Ban or Air Quality Alert. No Camp/Recreational Fire or Open Burn
will be permitted when the City or DNR has officially declared a burning ban due to
potential hazardous fire conditions or when the MPCA has declared an Air Quality Alert.
(Ord. 94-12, 7111194)
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, 7/11194;
Ord. 2003-22, 712212003)
940.19. Penalty. Any person violating the provisions of this ordinance shall be guilty
of a misdemeanor. (Ord. 94-12, 7111/94)
(Ord. 2011-29, 10125/2011)
Section 2. Section 1015.13 of the City Code is hereby amended as follows:
1015.13. Plumbing Permit Fees. For the installation of any interior sanitary sewer systems, water
systems, or repair or alterations of any interior sanitary sewer systems or water systems, and all
plumbing systems. The fees are as follows:
(a) 2% of Job Cost, $45 minimum
(b) Lawn Sprinkling System $45
(c) Water Meter Fees:
Full 1/" Meter Horn $65
Full 1/" Meter and Radio Remote $250
Full V Meter and Connections
$316
1"
Meter and Connections
$413
1 %2" Meter and Flanges
$596
2"
Turbo Meter and Flanges
$1,092
3"
Turbo II and Flanges
$1,215
4"
Turbo II and Flanges
$1,819
2"
Compound Meter and Flanges
$2,541
3"
Compound Meter and Flanges
$2,873
4"
Compound Meter and Flanges
$3,896
(Ord. 98-7, 3118197, Ord. 98-39, 11118/98, Ord. 2003-22, 7/22/2003; Ord. 2005-35,
11 /29/2005; Ord. 2009-01, 111312009; Ord. 2011-29, 10/2512011)
Section 3. Section 1015.29 of the City Code is hereby amended as follows:
1015.29 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 Permit or Charge Fee or Charge
Duplicate Inspection Record Cards $4
Fireworks Display $200
Grave Opening Fee at Parkers Lake $300
Cemetery
Hood and Duct Cleaning $75
Moving Fee $150 per building
Open Burn Permit Fee $100
Return Check Fee $30
Signs Requiring Permits Up to 32 square feet in size $50;
33 square feet to 64 square feet in size
$70
65 square feet to 96 square feet in size
Street Excavation
Tanks Containing Flammable or
Combustible Liquid or Gas (installation,
Modification, removal, or abandonment
Or any under or above ground tank)
Tents, Cannopies, and Temporary
Membrane Structures
$90
Over 96 square feet $110
$30
$75 per tank
$50 each
(Ord. 98-7, 3/18/98; Ord. 2003-22, 7/2212003; Ord. 2009-19, 11/24/2009; Ord. 2010-03,
4/1312010; Ord. 2011-29, 10/25/2011)
Section 4. Section 1015.31 of the City Code is hereby amended as follows:
1015.31. Zoning and Subdivision Fees: Special Provisions. Subdivision 1. Scope and
Application. This Subsection applies to applications made pursuant to Chapter 5 (Subdivision
Regulations) and Chapter 21 (Zoning Ordinance) of this Code.
Subd. 2. Fees.
(a) Administrative Permit Fee — for
Special/Temp. Outdoor Events:
(b) Administrative Permit Fee — Other
(c) Comprehensive Plan Amendment
Fee:
(d) Conditional Use Permit Fee:
(New or Amendment)
(e) Environmental Review Fee:
(EAW, EIS, and AUAR)
(f) Home Occupation License Fee:
(g) Interim Use Permit Fee:
(h) Natural Preserve Fee:
(i) Planned Unit Developmeent Fees:
--PUD General Plan:
--PUD Amendment to existing
1- or 2 -family PUDs:
--PUD Amendment (excludes 1 -or
2 -family PUDs):
--PUD Final Plan:
--Minor Plan Modification:
(j) Platting Fees:
--Preliminary Plat ---3 lots or fewer:
--Preliminary Plat ---4 or more lots:
--Final Plat ---3 lots or fewer:
--Final Plat ---4 or more lots:
(k) Pre -Application Sketch Review Fee:
(1) Site Plan Fees:
--Major (new or amendment):
--Minor (new or amendment):
--Plan Modification:
(m) Vacation Fee:
required
(Rights -of -Way or Easements)
(n) Encroachment Fee:
$50
$50 for residential uses,
$100 for all other uses
$200, plus $1,500 cash escrow*
(Applicant must also pay separately for
entire cost of traffic study, if required)
$400 for residential uses,
$500 for all other uses,
(Applicant must also pay separately for
entire cost of traffic study, if required)
$200, plus $4,000 cash escrow*
(Applicant must also pay separately for
entire cost of traffic study, if required)
$100 for new applications,
$35 for renewals
$400 for residential uses,
$500 for all other uses,
$35 for renewals
$75 for 1- and 2 -family lots,
$150 for all other lots
$300, plus $3,000 cash escrow*
$200
$300, plus $3,000 cash escrow*
$150
$100
$300, plus $2,000 cash escrow*
$300, plus $5,000 cash escrow*
$200, plus $2,000 cash escrow*
$300, plus $5,000 cash escrow*
$200, plus $2,000 cash escrow*
$200, plus $3,000 cash escrow*
$200
$100
$450, plus $110 per new easement
to be recorded
$300
(o) Variance Fees:
--Noise Variance:
--Subdivision Code Variance:
--Zoning Ordinance Variance:
(p) Wetland Review Fees:
--Delineation Report:
--Reclassification Request:
--Wetland Replacement Plan:
(q) Zoning Amendment Fees:
--Map Amendment (Rezoning)
--Text Amendment:
$50 if for 3 days or fewer,
$100 if for 4 days or more
$150
$200 for 1- and 2 -family lots,
$300 for all other lots
$100
$100
$300, plus $2,000 cash escrow*
$700
$300
*When multiple applications are applied for at the same time, the City collects one cash
escrow in the amount of the largest escrow required for the overall proposal (e.g., a proposal
that includes both a comprehensive plan amendment and a PUD general plan would require
one cash escrow in the amount of $3,000).
(Ord. 96-32, 12/18/96; Ord. 98-39, 11118/98, Ord. 2003-18, 6/10/2003; Ord. 2004-03,
01/13/2004; Ord. 2005-35, 11129/2005; Ord. 2007-06, 2/13/2007; Ord. 2009-08, 5112/2009;
Ord. 2010-02, 2/23/2010; Ord. 2010-21, 11/2312010; Ord. 2012-06, 2/28/2012)
Subd. 3. Zoning Letter Fee. A $50 fee will be charged for standard form zoning
letters. A $100 fee will be charged for custom zoning letters (requiring research and
documentation over and above the standard form). In either case, a single fee will be
charged for requests affecting adjoining parcels in a single project and multiple fees will be
charged for requests affecting individual parcels in separate projects. (Ord. 2007-06,
211312007)
Subd. 4. Proposed Development and Land Use Action Announcement Sign 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; Ord. 2003-18, 6/10/2003; Ord. 2011-29, 10/25/2011)
Subd. 5. Cash Fee Payment in Lieu of Land Dedication. Undeveloped land value
shall be used to determine the cash payment required in lieu of land dedication up to a
maximum cash payment of $6,500 per dwelling unit for residential development or $8,000
per acre for commercial/industrial development or schools. (Ord. 2004-33, 1211412004;
Ord. 2005-36, 11/29/2005; Ord. 2006-19, 6/27/2006; Ord. 2007-03, 1/23/2007; Ord. 2007-
06, 2/13/2007; Ord. 2008-02, 112212008)
Section 5. Section 1017 of the City Code is hereby amended as follows:
Section 1017 — Providing Information to the Public and Other Miscellaneous Fees
1017.01. Fees. The following fees are hereby established:
Zoning Ordinance
$10
Zoning Ordinance CD
$5
Zoning Map
$5
Zoning Ordinance or City Code
annual revision service
$15
City Code (complete code book
with tab dividers)
$50
Comprehensive Plan Book (2 vol. set)
$100
Wetland Map
$5
Land Use Guide Plan Map
$5
Wetland Buffer Sign
X5$5.10
1/z Section Map and Plans/Plats 24 x 36
$.50
Partial Plans
$.75
Large Plans/Maps 36 x 40
$1
11 x 17.5 Section Plat Book
$20
17x22 Street Maps
$.25
22x34 Street Maps
$.50
36x90 Street Maps
$1
Aerial Maps
$10
Topography Maps
$5/acre
Colored copies
$1 /copy
List of All Property Owners in the City:
Printout
$30
Electronic Media
$1
Labels
$160
Partial List of Property Owners in City:
Printout
$15
Electronic Media
$1
Labels
$80
Electronic media of Engineering Guidelines $20
Electronic Media
Actual cost
List of commercial utility accounts:
Printout
$5
Labels
12
Electronic Media
$1
Videotapes/Audiotapes:
$20 our tape; $15 their
tape
Agendas, minutes, and current staff reports for Council and all boards and commissions are
free. For other items not listed above, the first 50 copies are free and $.25 per page
thereafter.
(Ord. 2007-06, 2/13/2007; Ord2011-29, 10/25/2011)
Section 6. Section 1018 of the City Code is hereby amended as follows:
Section 1018 — Police and Fire Fees
1018.01. Fees. The following Police and Fire fees are hereby established:
Passeagef Seats Pr-iees ..,.�
Installation Passenger- Car- SeMs $20
-
Car Seat Check -Up Appointments $20
Bike Helmets $10, $12, or $14 based on
model
Fingerprinting $10/person
Weekly Listing of Accidents $.50/accident
Car-bonCar-bon MeaeNide Deteeter-s $34
(Ord2011-29, 10/2512011)
Section 7. Effective Date. This ordinance shall take effect upon its passage and publication.
ADOPTED by the City Council on May 8, 2012.
elli Slavik, Mayor