HomeMy WebLinkAbout2013-03 Amending Chapters 1 and 4 Concerning Demolition Permits and Building Permits and Fees ORDINANCE NO. 2013-3
AN ORDINANCE AMENDING CHAPTERS 1 AND 4
OF THE EDINA CITY CODE CONCERNING DEMOLITION PERMITS
AND BUILDING PERMITS FOR SINGLE AND TWO FAMILY DWELLING UNITS
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Chapter 4 of the Edina City Code is amended by adding Section 411 to read:
Section 411—DEMOLITION PERMITS AND BUILDING PERMITS FOR SINGLE AND TWO FAMILY
DWELLING UNITS
411.01 Purpose. Both the demolition of single or two family dwelling units and the
construction of new dwelling units can disrupt the quietude of the neighborhood, damage
adjacent public and private property, create storm water and erosion problems, and result
in littering and other nuisances. The purpose of this Section is to prevent problems
associated with the demolition of single and two family dwelling units and the construction
of new dwellings.
411.02 Definitions.The following words and terms, whenever they occur in this Section,
are defined as follows.
Demolition: The removal or destruction of more than fifty percent(50%) of
the area of the exterior walls of a single or two family dwelling unit.
Building Permit: A permit to construct a new single or two family dwelling
unit.
411.03 Permits. The demolition of single or two family dwelling units is prohibited
without a demolition permit issued by the Building Official pursuant to this Section. The
construction of single or two family dwelling units is prohibited without a building permit
issued by the Building Official pursuant to this Section and Section 410 of the City Code.
411.04 Permit Applications. The applicant must complete the application form(s)
provided by the City, pay the permit fee(s) in the amount set forth in section 185 of the City
Code, deposit the cash escrow and furnish all other documents and reports required for the
permit. The application must be signed by the property owner or the owner's authorized
agent.
411.05 Permit Requirements. Unless otherwise specifically provided the following are
required for both demolition permits and building permits.
Subd. 1 The applicant must furnish the City with a certificate of insurance evidencing the
following required coverage:
Commercial general liability, including XCU coverage:
Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate products and
completed operations
Ordinance No. 2013-3
Page 2
Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate
Comprehensive Automobile Liability(owned, non-owned, hired):
Bodily Injury: $1,000,000 each occurrence
$1,000,000 each accident
Property Damage: $1,000,000 each occurrence
The minimum insurance coverage must be maintained until six (6) months after the
demolition has been completed or, if a new dwelling is being constructed, a certificate of
occupancy has been issued. The City must be named as an additional insured.
Subd. 2 The applicant must furnish the City a cash escrow of Two Thousand Five Hundred
($2,500) Dollars. A single escrow is required for both a demolition permit and building
permit. The City may draw on the cash escrow to reimburse the City for the repair of
damage to public property or to remedy permit violations. If the City draws on the cash
escrow, upon the City's demand the permit holder must deposit in escrow additional funds
to restore the escrowed amount to Two Thousand Five Hundred ($2,500) Dollars. The cash
escrow must remain in place until the work under the permit for which the escrow was
made has been completed.
Subd. 3 Based upon soil types,topography,the location of adjacent structures and other
pertinent information, the Building Official shall determine if a soils investigation report is
necessary. If the Building Official determines that a soils report is necessary, the applicant
shall have a soil report prepared and signed by a licensed professional soil scientist or
licensed professional engineer. The report must provide detailed plans to ensure that
adjacent property will not be damaged by reducing lateral support for driveways,
foundations,fences or lawns caused by excavation,demolition or construction activity. The
report must be approved by the Building Official. The permit holder must adhere to the
approved plan.
Subd.4 Before a permit is issued,the Building Official must photograph the existing
condition of the property, curbs, sidewalks, streets, boulevard and trees adjacent to the
property.
Subd. 5 For a demolition permit, at least fifteen (15)days before demolition commences,
the permit holder must provide written notification to all property owners within three
hundred (300)feet of the demolition site notifying the property owners of the proposed
demolition and building plans, if applicable, and invite them to a neighborhood meeting.
The neighborhood meeting must be held at least five (5) days before demolition
commences. A sign must also be posted on the demolition site at least five (5) days before
demolition commences identifying the nature of the demolition, the permit holder, a
contact name and phone number, and the site address. The sign must also provide a City
phone number to call with any questions, complaints or concerns. The dimension of the
sign must be between five (5) and six (6) square feet.The sign and the content of the sign
must be visible from the street.The sign must be kept in place until the completion of
demolition.
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Subd. 6 For a building permit, a sign must be posted on the permit site at least five (5)
days before construction commences identifying the nature of the construction, the permit
holder, a contact name and phone number, and the site address. The sign must also
provide a City phone number to call with any questions, complaints or concerns. The
dimension of the sign must be between five (5) and six(6)square feet.The sign and the
content of the sign must be visible from the street.The sign must be kept in place until a
certificate of occupancy has been issued.
Subd. 7 For a building permit, the applicant must submit stormwater and erosion control
plans prepared and signed by a licensed professional engineer. The plans must be
approved by the City Engineer and the permit holder must adhere to the approved plans.
The stormwater management plan must detail how stormwater will be controlled to
prevent damage to adjacent property and adverse impacts to the public stormwater
drainage system. The erosion control plan must document how proper erosion and
sediment control will be maintained on a continual basis to contain on-site erosion and
protect on and off-site vegetation. Permit holder must protect all storm drain inlets with
sediment capture devices at all time during the project when soil disturbing activities may
result in sediment laden storm water runoff entering the inlet. The permit holder is
responsible for preventing or minimizing the potential for unsafe conditions,flooding, or
siltation problems. Devices must be regularly cleaned out and emergency overflow must
be an integral part of the device to reduce the flooding potential. Devices must be placed
to prevent the creation of driving hazards or obstructions.
411.06 Permit Standards for Both Demolition Permits and Building Permits.
Subd. 1 The permit holder must comply with the State Building Code, State Statutes and
the City Code, including City Code Sections 410,415,425 and 830.
Subd. 2 Deliveries of equipment and material to the site, work crews on site and
construction and demolition activity are prohibited except between the hours of 7:00 a.m.
and 7:00 p.m. Monday through Friday and 9:00 a.m. and 6:00 p.m. on Saturday.
Subd. 3 The permit holder must repair any damage to public property, streets, and
sidewalks. If damage occurs to the foregoing, it must be repaired within three (3) working
days after the damage occurs, unless the permit holder has received written permission
from the Building Official to delay repairs to a later specified date.
Subd. 4 The permit holder must maintain a five-foot(5') parking setback from driveways
and a thirty-foot (30') parking setback from intersections. When parking on a street, a
vehicle must be completely located on the street surface, parallel to and within twelve (12)
inches of the curb. Vehicles in violation of these requirements may be towed in accordance
with Minnesota Statutes§ 1686.035. On street parking of equipment other than licensed
motor vehicles is prohibited. Stopping, standing or parking a vehicle is prohibited, except
when necessary to avoid conflict with other traffic or in compliance with the directions of a
police officer or traffic control device, in any of the following places:
a. On a boulevard between the sidewalk and roadway;
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b. Within five (5)feet of the intersection of any public or private driveway or alley
with any street or highway;
C. Where the vehicle will block a fire escape or the exit from any building;
d. Where temporary signs prohibit parking.
Parking is allowed on local streets if a twelve-foot(12') wide area is open for the traveled
portion of the road. On collector and arterial roadways, a minimum of twenty-two feet
(22') must be open for the traveled portion of the road. Off-street and off-site parking for
on site workers is required to the extent practicable.
Subd. 5 The permit holder must install and maintain a rock entrance pad or its equivalent
at each location where vehicles enter or exit the construction site, at locations approved by
the Building Official.
Subd. 6 The site must be maintained in a neat and orderly condition. Prior to leaving the
construction site at the end of each day,the permit holder must remove empty cans,
paper, plastic and other material that is not needed for construction from the site or
deposit them in a dumpster.The permit holder must keep streets, sidewalks, boulevard
areas and adjacent properties clean from waste, materials or refuse resulting from
operations on the site. Inoperable equipment and equipment not being used on the site
must be removed within twenty four(24) hours after it becomes inoperable or is no longer
in use. Where work on any project lies within areas of pedestrian traffic or vehicular traffic,
the project area must be cleaned and swept and all materials related to the project must be
stockpiled in appropriate areas. Debris must be contained on the project site. No material
may be deposited or stockpiled on the public streets, boulevards, sidewalks or adjacent
property. At the end of each working day,the permit holder must remove any soil, trash or
debris that washed or was deposited on any public sidewalk or street and must remove any
trash or debris that washed or was deposited on any adjacent property.
Subd. 7 Dust control is the responsibility of the permit holder.The permit holder must
eliminate dust problems immediately upon receiving notice from the Building Official that
there is a dust problem.
Subd. 8 No building material, temporary sanitary facilities, dumpster or equipment maybe
placed within street right-of-way, or on a sidewalk. Motor vehicles may not be parked or
stopped on a sidewalk. Public sidewalks must be left open and unobstructed at all times.
Subd. 9 Prior to commencing demolition, protective fencing approved by the Building
Official must be installed around boulevard trees and trees that will not be removed.
411.07 Stop Work Orders. If the Building Official finds any work being performed in a
dangerous or unsafe manner or that is in violation of the provisions of the permit, City Code
or the State Building Code,the Building Official may issue a stop work order. The stop work
order must be in writing and issued to the permit holder or the person doing the work.
Upon issuance of a stop work order, the cited work must immediately cease. The stop
work order must state the reason for the order and the conditions under which the cited
work will be permitted to resume.
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411.08 Misdemeanor. Violations of this Section or of the terms of approval of a permit
issued under this Section are a misdemeanor.
Section 2. Chapter 1 of the Edina City Code is amended by adding the following fee:
section subsection purpose of fee or charge amount
411 411.03 demolition permit for single $1,500.00
and two family dwelling units
Section 3. This ordinance is effective upon passage.This ordinance does not apply to applications that
have been approved or that are pending before its effective date.
First Reading: April 2, 2013
Second Reading: Waived
Published: May 2, 2013
Attest 4"
—0 A aa44� L —
Debra A. Mangen, Cit Clerk James B. Hovland, Mayor
Please publish in the Edina Sun Current on: Thursday, May 2, 2013
Send two affidavits of publication
Bill to Edina City Clerk
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City of Edina Subd.2 The applicant must furnish the all storm drain inlets with sediment
City a cash escrow of Two Thousand capture devices at all time during the
(Official Publication) Five Hundred($2,500)Dollars.A single project when soil disturbing activities
ORDINANCE N0.2013-3 escrow is required for both a demoli- may result in sediment laden storm
AN
ORDINANCE
ORDINANCNO.2 13-3 tion permit and building permit. The water runoff entering the inlet.The per-
CHAPTERS 1 AND 4 City may draw on the cash escrow to mit holder is responsible for preventing
OF THE EDINA CITY CODE reimburse the City for the repair of or minimizing the potential for unsafe
damage to public property or to reme- conditions,flooding,or siltation prob-
M E D I A CONCERNING DEMOLITION dy permit violations. If the City draws lems. Devices must be regularly
PERMITS on the cash escrow,upon the City's de- cleaned out and emergency overflow
AND BUILDING PERMITS FOR mand theermit holder must de
SINGLE AND TWO FAMILY p posit in must an integral part of the device
escrow additional funds to restore the reduce the flooding potential. De-
AFFIDAVIT OF PUBLICATION DWELLING UNITS vi
THE CITY COUNCIL OF EDINA OR- escrowed amount to Two Thousand vices must be placed to prevent the
DAINS: Five Hundred ($2,500) Dollars. The creation of driving hazards or obstruc-
STATE OF MINNESOTA ) cash escrow must remain in place until tions.
)ss. Section 1. Chapter 4 of the Edina City the work under the permit for which the
Code is amended by adding Section escrow was made has been complet- 411.06 Permit Standards for Both De-
COUNTY OF HENNEPIN ) 411 to read: ed. molition Permits and Building Permits.
Richard Hendrickson, being duly sworn on
Section 411-DEMOLITION PERMITS Subd.3 Based upon soil types,topog- Subd.1 The permit holder must com-
AND BUILDING PERMITS FOR SIN- raphy,the location of adjacent struc- ply with the State Building Code,State
an oath,states or affirms that he is the Chief GLE AND TWO FAMILY DWELLING tures and other pertinent information, Statutes and the City Code,including
UNITS the Building Official shall determine if a City Code Sections 410,415,425 and
Financial Officer of the newspaper(s)known 830.
soils investigation report is necessary.
as 411.01 Purpose. Both the demolition If the Building Official determines that a Subd.2 Deliveries of equipment and
Edina Sun-Current of single or two family dwelling units soils report is necessary,the applicant material to the site,work crews on site
and the construction of new dwelling shall have a soil report prepared and and construction and demolition activ-
units can disrupt the quietude of the signed by a licensed professional soil ity are prohibited except between the
neighborhood,damage adjacent pub- scientist or licensed professional engi- hours of 7:00 a.m.and 7:00 p.m.Mon-
lic and private property,create storm neer. The report must provide detailed day through Friday and 9:00 a.m.and
and has full knowledge of the facts stated water and erosion problems,and result plans to ensure that adjacent property 6:00 p.m.on Saturday.
later-
below: in littering and other nuisances. The will not be damaged by reducing later-
purpose of this Section is to prevent al support for driveways,foundations, Subd.3 The permit holder must repair
(A)The newspaper has complied with all of problems associated with the demoli- fences or lawns caused by excavation, any damage to public property,streets,
tion of single and two family dwelling demolition or construction activity.The and sidewalks. If damage occurs to
the requirements constituting qualifica- ty
units and the construction of new report must be approved by the Build- the foregoing,it must be repaired with-
tion asaqualified newspaper asprOvid- dwellings. ing Official.The permit holder must ad- in three(3)working days after the dam-
ed by Minn. Stat. §331A.02, §331A.07, 411.02 Definitions. The following here to the approved plan. age occurs, unless the permit holder
words and terms,whenever the occur has received written permission from
and other applicable laws as amended. v Subd.4 Before a permit is issued,the the Building Official to delay repairs to
(B The public notice that Is at- in this Section,are defined as follows. Building Official must photograph the a later specified date.
) printed Demolition:The removal or destruction existing condition of the property,
tached was published In said newspa- of more than fifty percent(50%)of the curbs, sidewalks, streets, boulevard Subd.4 The permit holder must main-
per(s) once each week, for one suc- area of the exterior walls of a single or and trees adjacent to the property. from five-foot
and parking thifsetback
two family dwelling unit. Subd.5 For a demolition permit,at driveways to ( )
cessive week(s);it was first published on P parking setback from intersections.
Building Permit: A permit to construct least fifteen(15)days before demolition When parking on a street, a vehicle
Thursday, the 2__ day of a new single ortwofamily dwelling unit. commences,the permit holder must must be completely located on the
May 2013, and Was there- provide written notification to all prop- street surface, parallel to and within
411.03 Permits.The demolition of sin- erty owners within three hundred(300) twelve(12)inches of the curb.Vehicles
after printed and published on every gle or two family dwelling units is pro- feet of the demolition site notifying the in violation of these requirements may
Thursday to and including Thursday,the hibited without a demolition permit is- property owners of the proposed de- be towed in accordance with Minneso-
sued by the Building Official pursuant molition and building plans,if applica- to Statutes§ 168B.035. On street
day of 2013; to this Section. The construction of ble,and invite them to a neighborhood parking of equipment other than li-
and printed below is a copy of the lower single or two family dwelling units is meeting. The neighborhood meeting censed motor vehicles is prohibited.
case alphabet from A to Z, both InCIU- prohibited without a building permit is- must be held at least five(5)days be- Stopping,standing or parking a vehicle
p sued by the Building Official pursuant fore demolition commences. A sign is prohibited,except when necessary
sive, which is hereby acknowledged as to this Section and Section 410 of the must also be posted on the demolition to avoid conflict with other traffic or in
bein the size and kind of a used in City Code. site at least five(5)days before demo- compliance with the directions of a po-
9 type lition commences identifying the na- lice officer or traffic control device, in
the composition and publication of the 411.04 pl cant must it Acomp llicatio s. Thatio ture of the demolition,the permit hold- any of the following places:
er,a contact name and phone number,
notice: form(s)provided by the City,pay the and the site address. The sign must a boulevard between the side-
permit fee(s)in the amount set forth in analso provide a City phone number to walk
Valklk and roadway;
abcdefghijklmnopgrstuvwxyz secthetion 185 of cash escrowa and furnish alllleother osit call with any questions,complaints or b.Within five(5)feet of the intersection
documents and reports required for the concerns. The dimension of the sign of any public or private driveway or
permit. The application must be must be between five(5)and six(6) alley with any street or highway;
signed by the property owner or the square feet.The sign and the content
owner's authorized agent. of the sign must be visible from the c.Where the vehicle will block a fire es-
street.The sign must be kept in place cape or the exit from any building;
411.05 Permit Requirements. Unless until the completion of demolition. d. Where temporary signs prohibit
J/ otherwise specifically provided the fol- Subd.6 For a building permit,a sign parking.
/ lowing are required for both demolition must be posted on the permit site at
fir, permits and building permits. least five(5)days before construction Parking is allowed on local streets if a
BY. Subd.1 The applicant must furnish the commences identifying the nature of twelve-foot(12')wide area is open for
City with a certificate of insurance evi- the construction,the permit holder,a the traveled portion of the road. On
CFOcollector and arterial roadways,a min-
age:
the following required cover- contact name and phone number,and imum of twenty-two feet(22')must be
age: the site address. The sign must also
provide a City phone number to call open for the traveled portion of the
Commercial general liability,including with any questions,complaints or con- road.Off-street and off-site parking for
Subscribed and sworn to or affirmed XCU coverage: cerns. The dimension of the sign must on site workers is required tothe extent
before me on this 2 day Bodily v Iniury be between five(5)and six(6)square practicable.
$1,000,000 each occurrence feet.The sign and the content of the Subd.5 The permit holder must install
May 2013. $1,000,000 aggregate products and sign must be visible from the street. and maintain a rock entrance pad or its
completed operations The sign must be kept in place until a equivalent at each location where vehi-
certificate of occupancy has been is- cles enter or exit the construction site,
Property Damage: sued. at locations approved by the Building
$1,000,000 each occurrence Official.
$1,000,000 aggregate Subd.7 For a building permit,the ap-
plicant must submit stormwater and Subd.6 The site must be maintained
Nota Public Comprehensive Automobile Liability erosion control plans prepared and in a neat and orderly condition.Prior to
Notary (owned,non-owned,hired): signed by a licensed professional engi- leaving the construction site at the end
re-
Bodily In' neer. The plans must be approved by of each day,the permit holder must re-
y Iu ry: the City Engineer and the permit hold- move empty cans, paper,plastic and
$1,000,000 each occurrence er must adhere to the approved plans. other material that is not needed for
JULIA I. HELKENN $1,000,000 each accident The stormwater management plan construction from the site or deposit
Property Damage: must detail how stormwater will be them in a dumpster.The permit holder
NOTARY PUBUC-MINNESOTA $1,000,000 each occurrence controlled to prevent damage to adja- must keep streets, sidewalks, boule-
cent property and adverse impacts to vard areas and adjacent properties
My Comm.Exp.Jan.31,2015 The minimum insurance coverage the public stormwater drainage sys- clean from waste,materials or refuse
must be maintained until six(6)months tem. The erosion control plan must resulting from operations on the site.
after the demolition has been complet- document how proper erosion and Inoperable equipment and equipment
ed or,if a new dwelling is being con- sediment control will be maintained on not being used on the site must be re-
structed, a certificate of occupancy a continual basis to contain on-site moved within twenty four(24) hours
has been issued. The City must be erosion and protect on and off-site after it becomes inoperable or is no
named as an additional insured. vegetation. Permit holder must protect longer in use. Where work on any pro-
ject lies within areas of pedestrian traf-
fic or vehicular traffic,the project area
must be cleaned and swept and all ma-
terials related to the project must be
stockpiled in appropriate areas. Debris
must be contained on the project site.
No material may be deposited or
stockpiled on the public streets,boule-
vards,sidewalks or adjacent property.
At the end of each working day,the
permit holder must remove any soil,
trash or debris that washed or was de-
posited on any public sidewalk or
street and must remove any trash or
debris that washed or was deposited
on any adjacent property.
Subd.7 Dust control is the responsi-
bility of the permit holder.The permit
holder must eliminate dust problems
immediately upon receiving notice
from the Building Official that there is a
dust problem.
Subd.8 No building material,tempo-
rary sanitary facilities, dumpster or
equipment may be placed within street
right-of-way,or on a sidewalk. Motor
vehicles may not be parked or stopped
on a sidewalk.Public sidewalks must
be left open and unobstructed at all
times.
Subd.9 Prior to commencing demo-
lition, protective fencing approved by
the Building Official must be installed
around boulevard trees and trees that
will not be removed.
411.07 Stop Work Orders.If the Build-
ing Official finds any work being per-
formed in a dangerous or unsafe man-
ner or that is in violation of the provi-
sions of the permit,City Code or the
State Building Code,the Building Offi-
cial may issue a stop work order. The
stop work order must be in writing and
issued to the permit holder or the per-
son doing the work. Upon issuance of
a stop work order,the cited work must
immediately cease. The stop work
order must state the reason for the
order and the conditions under which
the cited work will be permitted to re-
sume.
411.08 Misdemeanor. Violations of
this Section or of the terms of approval
of a permit issued under this Section
are a misdemeanor.
Section 2. Chapter 1 of the Edina City
Code is amended by adding the fol-
lowing fee:
section
411
subsection
411.03
ouroose of fee or charge
demolition permit for single and two
family dwelling units
ma ount
$1,500.00
Section 3. This ordinance is effective
upon passage.This ordinance does
not apply to applications that have
been approved or that are pending be-
fore its effective date.
First Reading:April 2,2013
Second Reading:Waived
Published:May 2,2013
Attest
Debra A.Mangen,City Clerk
James B.Hovland,Mayor
(May 2,2013)D1-Ord2013-3