Loading...
HomeMy WebLinkAbout2024-05CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2024-05 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE FOR ZONING AND LAND USE SECTIONS SECTION 1. Title 103 Subdivision Regulations; Chapter 103.00 Subdivision Regulations: Section 160 Required Improvements; Financial Arrangements, is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with stAketthrrei): (i) Developers agreement/security. Subsequent to approval by the council of a final plat and before execution by the city of the final plat or other appropriate forms of city approval, the developer shall: (1) Enter into a developer's agreement whereby developer shall undertake performance of the obligations imposed by this title, or by council condition, and containing the other terms and provisions and in the form as shall be acceptable to the city attorney, including, but not limited to, provisions for default; and (2) Submit a letter of credit or cash deposit (security) which guarantees completion of all improvements within the times specified by the city engineer. The amount of the security shall be 125 percent of the estimated construction cost of the improvements. The security shall be in the form and contain the other provisions and terms as may be required by the city engineer and city attorney. The developer's registered engineer shall make, and submit for approval to the city engineer, a written estimate of the costs of the improvements in order for the city to determine the amount of the security required. Reduction of security shall be as outlined per the development agreement. (3) The security shall be returned upon successful completion of the ollowitig: a. Compliance with the state building code; b. Compliance with the city code; and c. Compliance with requirements of the development agreement as determined by the city, SECTION 2. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.08: Building Regulations, Section 100 Security Escrow for Construction is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with st-ri-kethrough). (a) Security escrow. A security escrow in an amount established by the city's fee schedule er buik4* effieial shall be paid before a building permit is issued for the construction of all new single and two-family residential structures and site work for other construction related vroiects that do not reauire a grading agreement. site improvement agreement. or development ggreement as required by Sections 103.00.160 or 105.12.260 of the CiV Code. rfpuetur ,s and ethepsignifieamt eenstpuefien p4at d gre jeets at the isei fen of the i , The security shall be returned to the applicant upon the successful completion of the following: (1) Compliance with the state building code; (2) Compliance with the city Code; and (3) Compliance with specified requirements as determined by the building official. (b) Form. The city will accept a security escrow in the form of cash or a letter of credit in the form approved by the City Attorney. (c) Purpose. The security may be used at any time for the remediation of construction or development site improvement -related damage or debris on and around the site ands other violations of the city Code, including, but not limited to, unpaid fees, unpaid,fines, unpaid contracted service fees, erosion control, street maintenance, boulevard repair and restoration, and landscaping. If the security items, landscaping, or building exterior, are not completed within six months of start of construction, excluding the time between November 1 and April 1, or upon the builder filing bankruptcy, or if the job is abandoned for 30 days or more, the city may enter the lot, perform the work, and apply the security toward the cost, plus administrative fees. (d) Action against the financial security. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to ten percent of any contractor's invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work, including, but not limited to, staff time, engineering fees and attorney's fees. (e) Maintenance of financial security. If at any time the financial security is drawn upon, the applicant may be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site. The city maintains the right to stop all site/building work until the financial security has been replenished. 69 Release offinancial security. The,fanancial security shall be in place at the ciU s discretion until all work is completed, including the building anal inspection and all site work and landscaping or other requirements including all punch list corrective items identified through city inspections. SECTION 3. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 260 Permits, Certificates And Licenses is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with str-ikethr--ear): (a) Building permits. (1) Compliance. A building permit is required for the construction or structural alteration of a building or any part thereof. Other construction activity may require a permit in accordance with the state building code. Demolition, wrecking or removal of any structure shall require a demolition or movingpermit. No buildingpermit shall be issued for any construction, enlargement, alteration or repair, demolition or moving of any building or structure on any lot or parcel until all requirements of the state building code as adopted by the city pursuant to LEC Chapter 105.08 have been fully met. (2) Concurrent applications. If the proposed development requires a zoning amendment, variance or conditional use permit, or other permit required under this article, the applicant shall secure all required permits prior to the issuance of a building permit for said development. (3) Administrative review of permits for existing platted lots. If the proposed development does not involve a zoning amendment, variance or conditional use permit, and proposes a use, structure or expansion of an existing structure on an existing platted lot, the director of community development may review the application and authorize the building official to approve or to deny the permit. (4) Expiration. All building permits shall expire pursuant to Minnesota Rules Part 1300.0120,as it may be amended from time to time. after the date „tere , ik aeeerdanee with state building eede. An expired buik-4ingpepmW mL,#, be missued enee, by, the b*ik4* 1. AM disturbed and exposed greund shaU be eever-ed with landse .2epdanee with LE 105.04. 08-0h i-eugh Erg:04T60. werk that was net eemplekd under a prier permit that expired (b) Certificate of zoning compliance. A certificate of zoning compliance is a zoning permit that is intended as a means of administratively reviewing a new use, change in use, or structural change that does not require a building permit. (1) When required. A certificate of zoning compliance or other city issued permit is required for the following activities: a. A new use classification within an existing building or structure; b. A change of use classification within an existing building or structure; c. Addition, removal or change in parking or other on -site improvements including patios; d. Small accessory structures that do not require a building permit; e. Swimming pools; f. Tennis courts, sport courts, or other similar improvement; g. Antennas, including amateur radio antennas and wireless communications facilities that meet the criteria for administrative review in LEC 105.04.240(c); h. Fences six feet and less in height; i. Driveways that are not authorized as part of an approved building permit; j. Stormwater management activities and structures not otherwise permitted as part of a development application; k. Other situations or improvements requiring additional review or interpretation, as specified elsewhere in this article. (2) Expiration of a certificate of zoning compliance. Where a certificate of zoning compliance use has been established and is discontinued for any reason for a period of one year or longer, the certificate of zoning compliance shall become null and void. (c) Certificate of occupancy. No vacant land shall be occupied or used and no buildings hereafter erected, altered or moved shall be occupied until a certificate of occupancy has been issued by the building official. Such certificates shall show that the building or premises or part thereof and the use thereof are in conformity with the state building code and the provisions of this chapter. Such certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of the city Code. A temporary certificate of occupancy shall not be issued in the rowing season, from April I to November 1, unless otherwise approved by the building o icial. (d) Sign permit. A sign permit shall be authorized for a sign that conforms to the sign regulations in LEC 105.12.430. An application, on a form provided by the director of planning, shall be submitted with the required fee by the owner of the proposed sign. The director of planning shall issue a sign permit if all of the regulations in LEC 105.12.430 are met. (e) Special event permit. A special event permit may be issued for certain events for activities or events not otherwise permitted under the zoning ordinance in accordance with LEC 11.04.070. (� Grading permit. (1) Required. A permit shall be required for all non-agricultural projects or activities that will result in the movement of more than 50 cubic yards of earth or the disturbance of more than one-half acre of land, and for construction of a building or structure on steep slopes, as specified in LEC 105.12.1230(c)(7)e. The fir etep „ -pla n,,,kg community development director may issue a gradingpermit only if the gradingplan meets the requirements of the city stormwater management and erosion and sediment control ordinance. (2) Public hearing. All grading and excavating applications, for the purpose of creating wetlands, berming, landscape amenities, and other natural features that result in the moving of more than 400 cubic yards of material per acre of site area shall require a public hearing. (3) Grading Agreement. A grading agreement, in the city's standard form of agreement, and approved by the City Attorney, shall be executed for all non -single family or two-family projects requiring a grading permit. a. Grading agreements shall require financial securities, in an amount determined by the city on a case by case basis, and to ensure the proper completion and implementation of site restoration, tree preservation, and erosion controls. b. Grading agreements shall require escrowedfunds for engineering review, administration, and inspections. c. Grading agreement provisions maybe included within a development agreement associated with a plat or subdivision or included within a site improvement agreement, in which case, a separate grading agreement is not required. (g) Site Improvement Agreement. A site improvement agreement, in the city's standard form of agreement, and approved by the City Attorney, is required for any project that contains construction work that includes public improvements, including, but not limited to, public utilities, streets, trails, sidewalks and boulevards, and to ensure private site work, including erosion control, stormwater management and landscaping, whether public or private, are completed as required by the City. (1) The site improvement agreement must be executed prior to issuance of a building permit. (2) Site improvement agreements shall require financial securities in the estimated amount of the required site improvements to ensure the proper completion and implementation of site restoration, tree preservation, public improvements, erosion controls, and other site work. (3) Site improvement agreements shall require escrowed funds for engineering review, administration, and inspections. Site improvement agreement provisions may be included within a development agreement associated with a plat or subdivision, in which case, a separate site improvement agreement is not required. SECTION 7. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 8. Adoption Date. This Ordinance 2024-05 was adopted on this 20th day of February 2024, by a vote of A Ayes and D Nays. LAKE ELMO CITY COUNCIL Charles Cadenhead, Mayor ATTEST: Julie o son, C ty erk This Ordinance 2024-05 was published on the L Ly of �� 2024.