6.20. SR 04-19-1999
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Item# 6.20.
MEMORANDUM
The Mayor and City Council
FROM: Stephen Wensman, Planner:;.N
DATE:
April 19, 1999
SUBJECT:
Ordinance Amendment to create an
Open Space Preservation
Development Overlay Zoning District
and Open Space Preservation
Development Regulations, Public
Hearing Case No. OA 98-3
Req uest
The City of Elk River requests an ordinance amendment to create an Open
Space Preservation Development Overlay Zoning District and Regulations.
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Attachments
. The Residential Plan of the City of Elk River Comprehensive Plan
. Ordinance Amendment 99-
Overview
The open space development ordinance is written to permit clustering in an
overlay district for the RIa (Rural Residential District) and Al (Agricultural
Conservation) zones if the development meets the minimum requirements.
The overlay district will be similar to the Antenna Tower districts or the
Mineral Excavation districts..
Staff has solicited comments from developers and the MN Land Trust. The
City Attorney has not yet commented on the Ordinance Amendment.
The ordinance was written incorporating aspects of other cities ordinances.
Written into this ordinance are the criteria the MN Land Trust uses to decide
for what land they will hold conservation easements. At this time, staff is
researching several different conservation easement holders and their
enforcement mechanisms.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
Memo to the City CouncillOA 98-3
April 19, 1999
Page 2
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Issues
1. How much buildable land should be preserved as open space protected by
a conservation easement?
. Sherburne County requires that 50% of the gross area, inclusive of
wetlands etc., be preserved as open space protected by a conservation
easement while the MN Land Trust requires that 50% of the buildable
land be preserved as open space protected by a conservation easement
if they are the conservation easement holder.
2. Who or what organization will hold and protect the conservation
easement?
. Several developers criticized having the MN Land Trust as the
conservation easement holders, and prefer having the Homeowners
Associations hold and protect the easements. At issue is that much of
Elk River's remaining developable land has hills and wetlands
making it somewhat restrictive for development. The MN Land Trust
criteria may add such an additional burden that the result might be
that those open spaces we want to protect might then be developed
conventionally with no preserved open space.
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On the other hand, Homeowners Associations may not be the best
protectors of conservation easements as they may be less willing to
move against their neighbors to protect the easement, or the
homeowners association might break down over time, leaving only
the city to enforce easements.
At this time, there are few Land Trust organizations in MN to protect
conservation easements. In time there might be others with differing
criteria. The MN Land Trust criteria was established based on
situations in the Lake Elmo area and may not be applicable to Elk
River. When asked about this point, the MN Land Trust said there
may be flexibility with these criteria.
3. To encourage open space preservation development, more incentives and
the fewer disincentives need to be built into the ordinance. Some
examples include:
a) Have Open Space Preservation Development plat submittals
closely match those for traditional plats.
b) Base park dedication requirements on the "yield plan" rather
than with density bonuses (recommendation by park and
recreation commission on April 14, 1999).
c) Add more standards to allow density bonuses such as if possible:
. i) Tree preservation.
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Memo to the City CouncillOA 98-3
April 19, 1999
Page 3
ii)
Provide storm-water treatment that exceeds City and
State standards.
Utilize septic systems preferred by the City.
iii)
Request
Staff and the Planning Commission recommend that the City Council
approve the ordinance amendment OA 99-_ to create an Open Space
Preservation Development Overlay Zoning District and Regulations.
\\elkriver\sys\shrdoc\planning\stevewen \ccmmo \oa9S- 3 cc. doc
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Item #
MEMORANDUM
TO:
Planning Commission
FROM:
Scott Harlicker, Planning Assistant
DATE:
April 19, 1999
SUBJECT: Request to Amend the Final Plat
For Ridgewood Hills, Case No.
P 95-9
Request
To amend the final plat for Ridgewood Hills.
Location
West of Jarvis Street, north of 215th Avenue alignment and south of 217th
Avenue alignment
. Zoning/Land Use
Al (Agricultural Conservation) / A (Agricultural)
Attachments
. Existing plat
. Proposed amendment
Overview
Ridgewood Hills is a 110 acre plat consisting of 11 single family lots. The
property was platted utilizing the density option of 4 lots per 40 acres, which
allowed the developer to vary the lot sizes from 2.5 acres to 17 acres, as
opposed to 11 ten acre lots.
The plat received final approval in April 1996. At that time the road was
platted to the western boundary of the plat. For the western 750 feet of the
right-of-way the northern edge of the right-of-way corresponded to the
northern boundary of the plat.
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The issue before the Council tonight is an amendment to the final plat of
Ridgewood Hills which would shift the western 750 feet of the right-of-way 30
feet to the south so that it corresponds with the adjusted northern boundary
of the plat.
Memo to Mayor and City CouncillP 95-9
April 19, 1999
Page 2
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In November 1997 the abutting property owner to the north disputed the
location of the north property line and took legal action to have the north
property line adjusted. The result of this legal action was the north property
line was shifted 30 feet to the south. The need to relocate the right-of-way 30
feet further south was a consequence of this action. James Golembeck, who
represented the City in the legal proceedings, will be in attendance at
Monday night's meeting to answer any questions and provide additional
background information.
Issue
The road has not been constructed over the disputed piece of property. It
currently terminates at a temporary cuI de sac that was not affected by the
legal proceedings. The right-of-way will allow for future extension of the road
to the western limits of the plat and future connection to the adjacent
property to the west.
. Recommendation
It is recommended the City Council approve Resolution No.99-_
amending the final plat for Ridgewood Hills by shifting a portion of the
right-of-way 30 feet to the south.
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COMPREHENSIVE PLAN
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IV.
RESIDENTIAL PLAN
A. INTRODUCTION
As the metropolitan area continues to grow. Elk River will be faced with a demand for residential
development. The City recognizes these development pressures and is poised to provide a
variety of residential housing opportunities. Most importantly. orderly development will enhance
the opportunity for cost effective extensions of municipal services.
B. GOALS AND POLICIES
The following is a summary of the City's goals and objectives as they relate to residential
development.
J. GOAL: Encourage the development of a quality residential community which retains a
~emi-rural atmosphere while accommodating growing housing needs.-'~'
POLICIES:
· Guide the type and location of development to achieve an orderly development
pattern consistent with the semi-rural character of the community.
· Continue the low-density residential development pattem through the use of open
space areas and the designation of buffer areas between non-compatible land
uses.
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· Encourage a mix in housing opportunities in terms of costs and size while
encouraging a high degree of architectural and site planning integrity.
· Provide for. in appropriate circumstances. a Planned Unit Development (PUD)
approach which. through the use of varying site design standards. allows for creative
residential development balancing the desires of the city and development
community. ..
· Encourage "cluster developments" in residential areas particularly in the A-l and R 1 a
zoning districts.
· Develop a policy where townhomes are an appropriate land use.
· Residential Housing standards should be reviewed regularly to ensure neighborhoods
maintain integrity and avoid deteriorating market value.
2. GOAL: Ensure that residential developments provide adequate facilities to maintain an
efficient level of service.
POLICIES:
· Adhere to an assessment policy for the extension of water and sewer lines to
accommodate new development. The policy shall provide for equitable assessment
of the improvement costs while protecting the City's taxpayers and financial
. commitment.
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· Upgrade as necessary, local streets to a design standard that is consistent with
surrounding conditions or city standard.
· Restrict development of private roads that may present a future burden on the City
to upgrade.
· Require that all developers provide roads and utilities to city specifications before the
City assumes ownership and maintenance responsibilities.
· Require developers of new residential areas to either dedicate a park or playground
site, or make a payment in lieu of dedication to the City's park improvement fund.
· Provide storm sewers to those areas no longer adequately drained by natural
systems.
3. GOAL: Develop, preserve and protect environmental resources such as wetlands,
forests, water bodies and their shorelines, within the City with respect to open space,
recreational uses, water and air quality and natural ecosystems.
POLICIES:
· Restrict insensitive development of shoreland, wetlands and drainage ways by
requiring larger lot sizes and open space.
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· Restrict inappropriate alteration of significant natural contours and soils.
· Preserve natural systems through acquisition, dedication or easements.
· Require that development plans demonstrate a compatibility with natural features
and systems.
· Establish tree preservation and protection standards to maintain the integrity of the
City's natural vegetation.
4. GOAL: Preserve, maintain and/or strengthen the physical and visual qualities unique to
the community.
POLICIES:
. Preserve through purchase, easement, dedication or other instrument, public access
to wetlands, lakeshore or other natural preservation areas.
. Work with developers to preserve existing natural open space areas.
. Require that developers provide buffer areas between differing, non-compatible
land uses.
5.
GOAL: Provide an appropriate, reasonable, and enforceable system of development
controls and implementation programs for the guidance of future land use in the City.
POLICIES:
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· Update zoning ordinances and subdivision regulations to ensure appropriate
development of residential land throughout the City.
· Continue to adopt policies to assist in managing development and associated
issues.
· Maintain a rural density within the undeveloped areas of the urban service district to
allow for efficient extension of municipal services.
6. GOAL: Encourage and promote a balanced mix of housing opportunities throughout
the City's urban service area.
POLICIES:
· Evaluate housing stock on a regular basis to assess the housing condItions and needs
of the community.
· Ensure that persons or groups of persons of similar income levels have a wide range
of housing choices available to them, regardless of their race, color, creed, religion,
sex, national origin, marital status, status without regard to public assistance, or
familial status.
· Provide a Fair Housing Statement to all developers who request approvals from City
Hall.
C.
CURRENT STATUS
The City's existing land use map displays four residential classifications including agricultural. low
density residential, medium density residential. and high density residential. A summary of land
use for the respective categories is as follows:
Residential
land Use Designation
Zoning Minimum lot Size
Designation Sewered Unsewered
A-1 Agricultural
Conservation N/A 10 Acres
R-1 A Single Family N/A 2 1/2 Acres
R-1 B Single Family 12,000 sq. ft. 1 Acre
R-1 C Single Family 10,000 sq. ft.
R-1 D Single Family 14.000 sq. ft.
R-1 E Single Family 20.000 sq. ft.
R-2A Townhouse 6,000 sq. ft.
R-2B Townhouse 5,500 sq. ft.
R-3 Multi-Family 4.500 sq. ft.
R-4 Townhouse 2,500-4.000 sq. ft.
Agricultural
Low Density
Medium Density
High Density
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Figure 4-A illustrates the City's current housing characteristics. In total. there are 4,754 residential
units as of 1994. This number includes all single family, two family, mobile housing units and multi-
family.
One of the housing characteristics that stands out is 22% of the city's total housing stock is multi-
family (3 units or more). Figure 4-B is a list of existing multi-family projects throughout the city. A
majority of the multi-family dwellings are located along School Street between Proctor and
Jackson A venues. In comparison to other communities, this number is relatively high. However,
the vacancy rate in 1994 was only 2% (Figure 4-C) which indicates a strong demand for this
housing opportunity as well as a healthy market.
Another important element of the City's housing inventory is the availability of housing
opportunities which are subsidized by the agencies outside the City. According to a 1993 report
from the Sf. Cloud Housing and Redevelopment Authority, 216 units (5.1 % of the total housing
units) qualify for a subsidized program.
D. FUTURE PLAN
The following plan for future residential development does not significantly alter the developing
pattern of the City. Rather, it is intended to guide growth in a way which provides City officials
effective policies with which to assess and work for the level of services and quality living
environments the residents of Elk River expect and deserve.
Figure 4-D illustrates three zones in which the different growth guidelines have been mapped.
Zone 1 is located within the urban service district and provides for urban development with lot
sizes between approximately one-fourth (1/4) and one-third (1/3) acre. All future residential
development within the boundaries of the urban service district will require immediate hookup
to the water and sewer systems. In order to subdivide minimum lot sizes large enough will be
required to allow the extension of water and sewer. The one exception is that area between
the Elk River, County Road 35, Meadowvale Road and the western boundary of the City which
will require overlay plats for future development. Residential development within the urban
service area will consist of an appropriate mixture of housing opportunities. Through the
application of zoning and development guidelines, varying density of housing is planned to
create a compatible residential environment.
In preparing this Comprehensive Plan, the Steering Committee discussed adjusting residential lot
sizes to complement natural surroundings and provide diversity in lot size within developments.
The Committee recommended that the City Council consider the following:
. Increasing the minimum lot size in certain areas of R1b (Single Family Residential)
zoning districts to 14,000 square feet, with a minimum lot frontage of 90 feet. in order
to protect environmental concerns such as steep slopes, preservation of trees and
wetlands.
. Increasing the minimum lot size in R 1 c (Single Family Residential) zoning districts to
11,000 square feet with a 13,000 square foot average lot size. '
. Changing the zoning designation of properties currently zoned R 1 b to R 1 c, and to
change certain R 1 c zoned properties to R 1 d.
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· The Planning Commission consider changing the rear setback requirement in all
residential zoning districts from the existing ten (10) foot requirement to twenty-five
(25) feet.
Another housing opportunity that may need to be provided for is within the downtown. The
downtown commercial zone should be an area where creative housing opportunities are
offered. This residential influence will diversify the land uses in the downtown and add to its
vitality.
Although much of the housing within the urban service area is new the city will have to develop
programs to maintain the integrity of its existing housing stock. This is particularly important for
the multi-family and other rental units in the community. The deterioration of these units can
have serious effects on surrounding neighbors, public health and public safety concerns. A
rental inspection program of multi-family units would address the concerns previously
mentioned.
Residential development in Zone 2, will be guidec to a minimum density of one housing unit per
two and a half acres. This area is currently not planned to be served with municipal services.
However, the City may amend its Comprehensive Plan in the future to have municipal water
and sewer extended to serve portions or all of this area. If these services and their related costs
are extended through the area many landowners may want to further subdivide their land.
Therefore, the City should encourage overlay plats illustrating future development potential.
Zone 2 can be considered the transition zone between the urban service area and the
agricultural zone. This zone offers the semi-rural flavor with lot sizes varying from 2~ acres up to
80 acres or more. To preserve this semi-rural character, cluster development will be
encouraged. It has been recommended by the Steering Committee that cluster development
in the Rla include a minimum lot size of one acre and require fifty percent (50%) of developable
land be forever preserved using conservation easement, land trust or other mechanism.
Zone 3, the northern third of the City, is to be regulated so as to provide for large lot, rural
housing and agricultural land uses. Single family lots can be subdivided from larger parcels to a
development density of one unit per ten acres. Maintaining the larger lot size will protect
agricultural lands from development pressure and preserve the rural character of Bk River.
Cluster development will also be encouraged within this residential areoJThe Steering
Committee has recommended an increase in density when clustering of units is utilized. The
density may be increased to a maximum of 8 lots on 40 acres with a minimum lot size of one
acre, with the following conditions:
1) That fifty percent (50%) of the land is forever utilized as open space through the
use of a land trust, conservation district, or other mechanism.
2) Unusable land shall be discounted when determining the density of the
undevelopable portion of the land.
The Planning Commission concurred with the Steering Committee's recommendation to utilize
cluster development; however, did not include a specific recommendation as the Steering
Committee had. The Planning Commission would like to research further the benefits of
clustering and study the appropriate standards for clustering that can be included as part of an
ordinance.
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NECESSARY ACTIONS
Adopt a new land use plan which reflects the elements of this document.
Modify zoning ordinance and map to reflect changes in residential classifications.
Adopt utilities plan and expansion of utilities in an orderly manner throughout Zone 1.
Develop programs to protect the integrity of existing housing stock including multi-family
and other rental units.
Establish a new zoning district and ordinance for townhome development.
Amend pertinent sections of the ordinance to address how residential property can be
utilized prior to having city water and sewer made available. .
City further investigate a "clustering ordinance" which establishes appropriate densities
and conditions.
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ORDINANCE 99-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTION 900.10
OF THE CITY CODE OF ORDINANCES
Case No. OA 98-3
The City Council of the City of Elk River does ordain as follows:
Section 1. Section 900.10(1)of the City of Elk River Code of Ordinances
shall be amended to amended to read as follows:
1. Establishments of Districts. For the purpose of this
Ordinance, the City of Elk River is divided into the following
districts:
FP
SL
WSR
A-l
R-1
R-2
R-3
R-4
C-l
C-2
C-3
I-1
I-2
PUD
SWF
AT
ME
BP
OSP
Floodplain Overlay District
Shore land Overlay District
Wild and Scenic River Overlay District
Agricultural Conservation District
Single-Family Residential Districts (R-la, R-lb and
R-lc)
Two-Family Residential Districts (R-2a and R-2b)
Townhouse and Multiple-Family Residential District
General Townhouse and Multiple-Family Residential
District
Central Business District
Office District
Highway Commercial District
Light Industrial District
Medium Industrial District
Planned Unit Development District
Solid Waste Facility Overlay District
Antenna Tower Overlay District
Mineral Excavation Overlay Zoning District
Business Park
Open Space Preservation Development District
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Section 2. Section 900.10(11)of the City of Elk River Code of
Ordinances shall be amended to amended to read as follows:
21. Open Space Preservation Development District
STATEMENT OF PURPOSE.
The purpose of the Open Space Preservation Development Zoning District (aSP) is
to maintain the rural, semi-rural character of Elk River by preserving agricultural
land, woodlands, corridors, and other significant natural features and to allow an
alternative to conventional design for single-family detached residential
development in the RIa and Al districts in accordance with a Concept Plan and an
open space preservation development plan, and in accordance with this ordinance,
and the City Subdivision Regulations. An open space preservation development
plan shall be consistent with the intent and purpose of the City Comprehensive
Plan and this Ordinance, and shall not adversely affect property adjacent to the
land area to be developed.
OBJECTIVES:
1. Permanent preservation of contiguous common open spaces for natural
habitat, scenic enjoyment, recreational use, agriculture and rural identity.
2.
Allow innovation and greater flexibility in the design of residential
developments.
3. Provide for site development that maintains a low visual impact, particularly
along the roadways and abutting properties.
4. Creation of cohesive neighborhoods in order to establish local identity and
community interaction.
5. Physical integration of neighborhoods, open spaces, and places of destination
in order to establish municipal identity and community interaction.
6. To reduce the cost of construction and maintenance of public facilities,
infrastructure and services.
Establishment of Overlav District
The Open Space Preservation Development Overlay District (aSP) applies only to
the RIa and Al zoning districts. The asp District shall be viewed as an overlay
superimposed on land currently zoned RIa and AI. Applicants interested in open
space preservation developments shall be required to rezone their property from
RIa or Al to asp as part of the development application process. Property within
the asp shall be developed in compliance with the asp regulations and the Elk
River Subdivision Ordinance (Section 1008).
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DEFINITIONS
Buildable Land Area. The gross land area less the unbuildable land area that
includes floodways, hydric and restrictive soils, land with slopes over 33%, wetlands
and areas that cannot accommodate septic systems.
Conservation Easement. A legal agreement creating an interest in real property
created in a manner to impose limitations or affirmative obligations regarding the
use of property including the retention, protection, and maintenance of open space.
Common Gardens. Land used by residents of a development for the production of
trees, vegetables, fruits and flowers.
Community Service Agriculture. Horticulture and Floriculture that serves the local
area.
Floriculture. The cultivation and management of ornamental and flowering plants
for sale on site from a wayside stand.
Gross Acres. The total area of a parcel of land including wetlands, hydric soils,
steep slopes, streets, and dedicated easements.
Historic Structure. A structure that is at least 50 years old and in its original state.
The structure shall add to the visual integrity of the landscape.
Horticulture. The cultivation and management of trees, plants, grasses, vegetables
and fruits for sale on site from a wayside stand.
Open Space. A tract of land used for agriculture, natural habitat, walkways
(sidewalks) and pathways and/or neighborhood recreational purposes.
Single Family Dwelling. A residential structure designed for or used exclusively as
one dwelling unit of permanent occupancy.
a) Detached. A single family dwelling that is surrounded by yards on all
sides, is located on its own individual lot, and is not attached to any
other dwelling by any means.
b) Attached. Two or more single family dwellings sharing one or more
common wall, each on its won individual lot.
Stable (private). The keeping, breeding, raising and uses of horses or ponies on
open space owned and maintained by an association of adjacent property owners for
the exclusive personal use and enjoyment of association members
and for which commercial gain is not the primary objective.
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Wayside Stand. A structure used for the seasonal retail sale of agricultural goods,
floriculture, and horticulture produced by the operator of the wayside stand on site
or on other property in the City.
USE REGULATIONS
Permitted uses
1. Open space
2. Conservation easements
3. All uses allowed as a permitted use in the RIa and Al zones.
Accessory Uses
1. All uses allowed as an accessory use in the RIa and Al zones.
Conditional Uses
1. Cooperative gardening
2. Horticulture and Floriculture services
3. Private stables
4. Wayside stand
5. All uses allowed as a conditional use in the RIa and Al zones
. DEVELOPMENT STANDARDS
Open Space Preservation Developments shall comply with the following minimum
standards except where the City Council determines that alternative standards
meet the intent of the ordinance:
1. Land Area
a) A minimum for open space preservation development is 20 acres.
b) A minimum land area of 10 acres shall be preserved open space and
protected by a conservation easement.
c) A minimum of fifty (50%) percent of total buildable land for
development shall be dedicated as preserved open space protected by
a conservation easement. The land not buildable shall be considered
open space and shall be dedicated as preserved open space protected
by a conservation easement.
OPEN SPACE DESIGN AND REQUIREMENTS
1.
Conservation Easements shall be placed on all preserved open spaces as part
of an open space development and shall meet the following criteria:
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a)
Open space shall be in a contiguous, connected configuration adjacent
to existing natural areas or parks.
b) Open space shall have one owner or owned by a single entity such as a
homeowners association or city.
c) Open space in long narrow corridors in back yards does not qualify for
conservation easements.
2. The land shall be controlled in one or more following manners as determined
at the City's sole discretion:
a) Owned by an individual, homeowner's association, or other legal
entity who will use the land for open space purposes as provided by
permanent conservation restrictions to an acceptable Land Trust as
approved by the City and; or
b) Deeded to the City of Elk River for public purposes with permanent
conservation restrictions to an acceptable Land Trust.
3.
Where applicable, a homeowner's association shall be established to
permanently maintain all residual open space and recreational facilities.
Such homeowner's association management agreements shall be established
prior to the sale of any lots. Homeowner's association management
agreements shall include the following:
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a) Legal description of the common lands or facilities.
b) Membership in the Association is mandatory for all purchasers of
homes in the development and their successors.
c) Restrictions placed upon the use and enjoyment of the lands or
facilities including the persons or entities entitled to enforce the
restrictions.
d) A mechanisms for resolving disputes among the owners or association
members.
e) Provide standards for scheduled maintenance of open spaces.
f) Provide a plan guaranteeing continuing maintenance of open spaces
that shall be submitted to the City Council as part of the data
requirements for an open space development.
g)
A mechanism to assess and enforce the common expenses for the land
or facilities including upkeep and maintenance expenses, real estate
taxes and insurance premiums.
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h)
The conditions and timing of the transfer of ownership and control of
land or facilities to the Association or the common ownership.
i) Any other matter the developer deems appropriate.
4. Preserved open space dedicated as City park shall comply with the
City of Elk River Master Park and Recreation Plan.
5. Park dedication requirements shall be based upon the "yield plan" (the
number of lots that would be created with the underlying zoning
district) if fees are paid in lieu of land.
a)
DESIGN STANDARDS
1. Dimensional Regulations for principal structures
a) Minimum Lot Size:
i) Individual septic drain-fields on site (backup drain-field in
open space) - 1 acre.
ii) Individual or shared septic drain-field in open space -11,000
sq. ft, 80' width, 100' width corner lot, 130' depth.
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b)
Building Setbacks shall comply with the following minimums except
where the City Council approves an alternative.
Front 30'
Side 10'
Garage Side 5'
Rear 20'
c) Maximum Lot Coverage:
25% except where the City Council approves an
alternative.
d)
Maximum Building Height-
3 floors or 40 feet
e) Street Standards shall comply with the Elk River Subdivision
Ordinance except where the City Council approves alternatives.
2. Lot Design Guidelines
Residential lots shall be designed to achieve the following objectives:
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a)
Oriented around a central focal point such as:
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i)
A central green or square
ii) A physical amenity such as a meadow, stand of trees, a stream
or water body, or some other natural feature.
iii) A street with a boulevard planted with shade trees and a
central parkway or median at least 25 feet wide.
b) Located on the most suitable soils for sub-surface septic disposal.
c) Located to preserve woodlands, farmland or other natural features or
character including places of historic, archeological or cultural value
and their environs.
d) Located such that at least 50% of the lots within a neighborhood abut
open space on at least one side. A local street may separate lots from
open space.
e) Views shall be preserved on and off-site to the maximum possible.
f)
Locate neighborhood recreation open spaces such that they; are an
integral part of the neighborhood of the surrounding home sites, are
at an elevation appropriate to their intended recreational use, have
boundaries that are clearly defined, are accessible to all neighborhood
residents.
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g) Preserved natural habitat to the maximum possible in a contiguous,
connected configuration. Natural open spaces may include, but not
limited to fields, wetlands, slopes, bluffs, woods, lakes, ponds,
streams, shore lands, and other environmentally sensitive areas.
h) Connect individual home sites with pedestrian corridors or sidewalks
to larger open spaces and places of destination on and off site. Open
spaces should be accessible to pedestrians at roughly (1,200) foot
intervals along public roadways. Pedestrian corridors between lots
shall be at least (50) feet in width and buffered from view of adjacent
properties.
i) Septic systems are allowed in a septic easement in the open space as
approved by the City.
j) Buffer residential properties from incompatible uses with buffer zones
of at least (100) feet to minimize land use conflicts. The buffer zones
shall be thickly planted with native grasses, shrubs and trees. Roads
may be included in the buffer that will create an effective barrier
separating yards form fields and pastures.
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.
k)
Locate houses and garages such that the garages do not dominate the
streetscape.
DENSITY
1. The base density shall be granted above the "yield plan" by using the
percentage for the underlying zoning district in which the parcels is located:
Rla- 20%
Al- 100%
2. The base density may be increased if the development complies with one or
more of the following standards. Each standard provides an additional
density increase of 5% over the base density with a maximum density
increase of 20% above the base density.
a) Creating an endowment to the land trust or homeowners association
where the principal would generate sufficient annual interest to cover
the conservation easement holder's yearly costs.
b) Providing for access by the general public to trails, parks, or other
recreational facilities, excluding golf courses.
.
c)
An additional 10% open space is provided above the required 50%
buildable open space.
d) Reusing existing buildings and structures or preserving specific site
features inventoried by the County, City, or State Historical
Preservation Office.
PROCEDURE
Pre-Application Meeting
Prior to the preparation of preliminary plat, or rezoning, the subdivider or owner
shall meet with the City and/or conservation easement holder in order to be made
fully aware of all ordinances, regulations and plans applicable to the area to be
subdivided. At this time or at subsequent meetings, the subdivider is encouraged to
submit a Concept Subdivision Plan of the proposed subdivision and preliminary
proposals for water supply and waste disposal. The subdivider is urged to avail
itself of the advice and assistance of the City to expedite review and approval of the
preliminary plat.
Required Submittals
1.
Rezoning Application, the applicant will be required to rezone their property
to OSPD
.
s: \document \ordinanc \oa99-osd.doc
. 2. Resource Inventory
a) Topographic contours at 10 foot intervals, identifying slopes of more
than 33% with a minimum of 20 feet of run.
b) Soil types, and characteristics, such as depth of water table.
c) Complete a vegetation inventory identifying the general cover types
(pasture, woodland, etc), defining boundaries of woodland areas and
stand alone trees with a caliper of more than eighteen (18) inches
when measured at a point four (4) feet above the ground level.
Vegetation types shall be classified as generally deciduous, coniferous
or mixed and described by plant community, relative age and
condition. Trees to be removed for streets, drives, buildings, drainage
or other purposes shall be identified.
d) Current land use including all buildings, structures, paved areas, and
all encumbrances, such as easements or covenants.
e) Visual resources, showing views onto the tract from surrounding
roads and public areas, as well as views within the tract.
f) Cultural resources: brief description of historic character of buildings
. and structures, historically important landscapes, and archeological
features.
g) Context: general outlines of existing buildings, land use, and natural
features such as water bodies or wooded areas, roads and property
boundaries within 500 feet of the tract.
h) This information may be presented on an aerial photograph at a scale
of no less than 1 inch = 200 feet
3. The proposal for an OSD shall include a "yield plan" showing the maximum
number of dwelling units that would be permitted given the minimum lot
size and lot widths for conventional subdivisions and other requirements of
the City Ordinance. The yield plan need not be engineered; however, it shall
be drawn to scale and shall identify all the major physical features on the
parcel.
4. Concept Subdivision Plan
a) Open space areas indicating which areas are to be protected.
b) Boundaries of areas to be developed and proposed general street and
lot layout.
. c) Number of housing units proposed.
s: \document \ordinanc \oa99-osd.doc
.
.
.
d)
Areas proposed for storm water management and on or off site sewage
treatment.
e) Plans to be prepared at the scale of 1 inch = 100 feet
5. Homeowner's Association Documents including bylaws, deed restrictions,
covenants, and proposed conservation easements (prepared by land trust if
they are the holder.)
6. The management (replacement and repair) plan of collector sewage
treatment systems as approved by the City. The plan should clearly identify
the following:
a) The ownership of the shared system
b) An assignment of responsibility for the management and payment of
the shared system
c) An annual schedule for maintenance, inspection and monitoring of the
shared system
d) A contingency plan in the event of failure of the shared system
e)
A provision describing how the sewage treatment will be protected
from vehicles, animals, humans and other risks;
f) The name and license number of the system's designer;
7. Meet with a qualified land trust as approved by the to discuss details of the
project, conservation easement requirements and fees and to visit the
development site.
EVALUATION CRITERIA
In evaluating the layout of lots, streets and open space, the following criteria will
be considered by the city as indicating design appropriate to the site's natural,
historic, and cultural features, and meeting the purposes of this ordinance.
Diversity and originality in lot layout shall be encouraged to achieve the best
possible relationship between development and conservation areas. Accordingly, the
city will evaluate proposals to determine whether the proposed concept plan:
1. Protects and preserves all floodways, wetlands and surface waters, including
creeks, streams, springs, lakes and ponds by maintaining or creating an
adjacent upland buffer of native vegetation of at least 100 feet in depth.
s: \document \ordinanc \oa99-osd.doc
.
2.
Preserves and maintains existing hedgerows, mature woodlands or existing
fields, (pastures and meadows) and creates sufficient buffer areas to
minimize conflicts between residential and agricultural uses.
3. Minimizes development fronting onto existing corridor rural roads by
establishing buffer zones with existing and native vegetation to protect rural
roadside character and to improve public safety and traffic carrying capacity.
4. Leaves scenic views and vistas unblocked or uninterrupted, particularly as
seen from public roads..
5. Avoids new construction on ridges by taking advantage of lower topographic
features.
6. Protects wildlife habitat of species listed as endangered, threatened or of
special concern by the u.s. Environmental Protection Agency and/or the
Minnesota Department of Natural Resources.
7. Designs around and preserves sites of historic, archeological or cultural
value and their environs, insofar as needed to safeguard the character of the
feature.
8.
Landscapes common areas (such as community greens and cul-de-sac
islands), street right-of-ways with native species shade trees and flowering
shrubs of high wildlife conservation value.
.
9. Provides active recreational areas in suitable locations offering convenient
access by residents, and adequately screened from nearby residents.
10. Includes a pedestrian circulation system designed to assure that pedestrians
can walk safely and easily on the site, between properties and activities or
special features within the neighborhood open space system. All roadside
footpaths should connect with off road trails, which in turn should link with
potential open space on adjoining undeveloped parcels (or with existing open
space on adjoining developed parcels, where applicable).
11. Provides open space that is reasonably contiguous. Fragmentation of open
space should be minimized so that resources are not divided into numerous
small parcels located in various parts of the development. To the greatest
extent practicable, this land shall be designed as a single block with logical,
straightforward boundaries. Long thin strips of conservation land shall be
avoided, unless the conservation feature is linear or unless the configuration
is necessary to connect with other streams or trails. Open space shall
generally abut existing or potential open space on adjacent parcels, and shall
be designed as part of larger contiguous and integrated greenway systems.
.
12.
Meets qualified Land Trust criteria and protection objectives or those
approved by the City Council:
s: \document \ordinanc \oa99.osd. doc
.
.
.
a)
Open space is in contiguous blocks
b) Open space is adjacent to existing natural areas or parks
c) Open space protected by a conservation easement is a minimum land
area of 10 acres
d) There are no back yard / corridor easements
e) Natural features of the site preserved.
f) Native plants are incorporated into the plans
g) The recreation or intended use for the open space is identified
h) Fits with the City of Elk River Comprehensive Plan
Section 3. That this ordinance shall take effect April 19, 1999, upon
publication as provided by law.
Passed and adopted by the City council of the City of Elk River this _ day
of , 1999.
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
s: \document \ordinanc \oa99-osd.doc
~ Minnesota Pollution
~S.~ Control Agency
520 Lafayette Road SI. Paul, MN 55155-4194
(612) 296-6300 (Voice). 282-5332 (TTY),
Toll Free 1-800-657-3864 (VfTTY)
Dear ,-I, j("/~Ct:.
.
INFORMATION
We are pleased to send you the enclosed material. This
informal way of responding to your request saves us the time
and expense of preparing a formal letter. Thank you for your
interest, and please contact us if we can help you further.
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The League or Minnesota Cities provides this publication as a
general informational memo. It is not intended to provide legal advice
and should not be used as a substitute for competent legal guidance.
Readers should consult with an attorney for advice concerning specific
gtuations. .
@ 1996 League of Minnesota Cities Research Foundation
All rights reserved.
Printed in the United. States of America
.
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LMC
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em.. f'"""Oling ...".n.".,.
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103-2044
(612) 281-1200
(800) 925-1122
Fax (612) 281-1299
.
INTRODUCTION
. Noise, defined simply as unwanted sound, is an
unwanted by-product of human activity that invariably
affects the lives of all citizens. At the state level,
environmental noise (noise occurring in the outdoor
atmosphere) is regulated by the Minnesota Pollution
Control Agency (MPCA). The MPCA regulates
environmental noise by enforcing a series of noise
standards that limit the level and amount of time that
noise may occur on a specific land use. Although the
MPCA enforces the standards statewide, noise is so
pervasive that tl;1e MPCA relies on communities to
provide an additional measure of noise regulation by
adopting and enforcing local noise ordinances. In
addition to benefiting noise control efforts by the
MPCA, local noise ordinances enable community
officials to regulate noise in a timely and discretionary
manner, as well as providing the opportunity to
address noise issues that may be unique, or of special
concern to the residents of a community. To this end,
the MPCA and the League of Minnesota Cities have
cooperated in the preparation of two model ordinances
designed to assist community officials in the
_development and adoption of their own local
rdinances. Both have been patterned after the highly
successful noise ordinances used by the cities of
Bloomington and S1. Louis Park.
Each model noise ordinance is designed to assist
city officials in the regulation of noise control in their
community. There is a long form and a short form of
the ordinance. The long form is a receiver based
standard that describes the limiting levels of sound
required to preserve public health and welfare. The
short form of the ordinance addresses the regulation of
activities that have the potential to initiate noise
complaints.
A local governing unit can not set standards
describing the maximum levels of sound pressure
which are more stringent than those set by the
pollution control agency with respect to environmental
noise monitored at the location of the receiver. A
local governing body can adopt more restrictive noise
level limits than the pollution control agency to
regulate the emission of noise from specific sources.
.
Motor vehicle noise limits are source standards
relative to each vehicle, defined in Minn. Rules
7030.1000 through 7030.1060. The local law
enforcement agency is responsible for the enforcement
of these standards and can request technical assistance
from the MPCA noise program for noise monitoring
equipment and training.
The Minnesota Department of Natural Resources is
responsible for the enforcement of motorboat noise
regulations as defined in Minn. Stat. 86B.321, as well
as the snowmobile noise regulations in Minn. Stat.
84.871, and Minn. Rules 6100.5700, subpart 5.
These regulations are source standards that limit the
noise levels emitted by the individual motorboat or
snowmobile.
Careful inspectionn of the model noise ordinance
should be made before its adoption. Duplication
could occur between an existing ordinance and one of
the subparts of the model noise ordinance. If a special
condition exists where a city already has a suitable
ordinance established, it should be incorporated into
the model noise ordinance. This ordinance can be
renumbered to facilitate its incorporation with other
city ordinances.
. The MPCA has a limited number of sound level
meters available for city officials to borrow so that
noise levels of suspected violatioQS of the noise
ordinance can be monitored. MPCA noise program
staff is available to train an investigator in the proper .
operation of the sound level meter. .
For further assistance on the development of local
noise control programs, the MPCA noise rule, or any
aspect of environmental noise monitoring, please
contact the League of Minnesota Cities or:
Brian Timerson
Minnesota Pollution Control Agency
Air Quality Division
520 Lafayette Road
Saint Paul, Minnesota 55155-3898
Telephone (612) 296-7898
MODEL ORDINANCES
I. Long-FonnNoise Control Ordinance
.
(Includes provisions for measurement of noise by acoustical instrumentation)
AN ORDINANqE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND
PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION
The City Council of
Ordains:
Comment: This is the enacting clause prescribed in statutory cities. A home rule city should adapt it
to conform to requirements of its charter.. .
the time for a one-hour period, as measured by a
SECIIQl'iL Definitions. Subdivision 1.
General. Words and phrases defined in this
section have, when used in this ordinance, the
meanings given below. Any other word or pm:ase
used in this ordinance, and defmed in regulations
of the Minnesota Pollution Control Agency Noise
Pollution Control Rules Chapter 7030, has the
meaning given in those regulations.
Subd. 2. Air circulation device means a
mechanism designed and used for the controlled
flow of air used in ventilation, cooling, or
conditioning, including, but not limited to, central
and window air conditioning units.
Subd.3. LIO means the sound level, expressed
in decibels (dBA) which is exceeded 10 percent of
sound level meter having characteristics as
specified in the latest standards, S 1.4, of the
American National Standards Institute and using
test procedures approved by the [police
department, building inspector, or other specified .
officer or agency]. .
Comment: This will adopt the latest ANSI
standards in effect at the time of adoption
of the ordinance. If later modifications by
ANSI are desired they will need to be
adopted by amendment to this ordinance.
Subd. 4. L50 means the sound level,
expressed in decibels (dBA) which is exceeded 50
percent of the time for a one-hour period, as
measured by a sound level meter having
characteristics as specified in the latest standards,
S1.4, of the American National Standards Institute
.
2
and using test procedures approved by the [police
rpartment, .building inspector, or other specified
officer or agency].
Subd. 5. Person means an individual, firm,
partnership, corporation~ trustee~ association, the
state and its agencies and subdivisions~ or any
body of persons whether incorporated or not. With
respect to acts prohibited or required herein,
"person" shall include employees and licensees.
.
Comment: This section largely relies on
definitions found in state noise control
regulations supplemented by ordinance
definitions of three terms. The terms
"L10" and "L50" as used in Section 4,
which sets receiving land use noise
standards, need definition if Section 4 is to
be understood even in a general way by
persons affected by the ordinance. Some
ordinances contain numerous other
definitions.
Terminology used throughout the
ordinance should conform to definitions
included in this section. Definitions need
not be included for terms given their
dictionary meaning or so easily understood
that ordinance definition is superfluous.
Section 2.
Noises Prohibited.
Subdivision 1. General prohibition. No person
shall make or cause to be made any distinctly and
loudly audible noise that unreasonably annoys,
.
disturbs, injures, or endangers the comfort, repose,
health, peace, safety, or welfare of any persons or
precludes their enjoyment of property or affects
their property's value. This general prohibition is
not limited by the specific restrictions of the
following subdivisions.
Subd. 2. Motor vehicles. No person shall
operate a motor vehicle in the city in violation of
the motor vehicle noise limits of the Minnesota
Pollution Control Agency.
Comment: Even in the absence of this
provision, it is unlawfUl to operate a motor
vehicle in violation of the regulations.
Minn. Stat. 169.693. The provision is
included only to inform the public that
there are noise regulations of this type
applicable within the city as well as those
of other kinds set out in the ordinance. A
city adopting this provision may wish to
provide a copy of the regulations in the city
clerk's office for reference, but this is not
legally necessary. Since the term "motor
vehicle" is defined in Minn. Rules
7030.1000 which includes the substance of
Subd 2, it is not necessary to define the
term in the ordinance.
Subd. 3. Horns, audible signaling devices,
etc. No person shall sound any signaling device
on any vehicle except as a warning of danger~ as
required by Minn. Stat. 169.68.
3
Comment: In order to further restrict the ure of
certain of these devices, "danger II can be
more fully defined, formal permits for the
ure of these devices can be required, or
operational curftws can be established by
the city. Furthermore, the city may wish to
extend this provision to stationary sources
which would include noon whistles, church
bells, etc.
Subd. 4. Exhaust. No person shall discharge
the exhaust, or permit the discharge of the exhaust
of any steam engine, stationary internal
combustion engine, motor boat, motor vehicle, or
snowmobile. except through a muffler or other
device that effectively prevents loud or explosive
noises therefrom and complies with all applicable
state laws and regulations
Comment: Motor vehicle mufflers are
prescribed by Minn. Stat. 169.69. Water
craft muffiers are prescribed by Minn. Stat.
86B.321. Snowmobile mufflers are
required under Minn. Stat. 84.871 and
Minn. Rules 6100.5700 subpart 5. If
snowmobile operation within the city is
prohibited, the city may wish to omit the
reftrence to snowmobiles in this
subdivision.
Subd. 5. Defective vehicles or loads. No
person shall use any vehicle so out of repair or so
loaded as to create loud and unnecessary grating,
grinding, rattling, or other noise.
Subd. 6. Loading, unloading, unpacking.
No person shall create loud and excessive noise in
loading, unloading, or unpacking any vehicle.
.
Subd. 7. Radios, phonographs, paging
system, ete. No person shall use or operate or
permit the use or operation of any radio receiving
set, musical instrument, phonograph, pagmg
system, machine, or other device for the
production or reproduction of sound in a distinctly
and loudly audible manner as to unreasonably
disturb the peace, quiet, and comfort of any person
nearby. Operation of any such set, instrument,
phonograph, machine, or other device between the
.
hours of 10:00 p.m.. and 7:00 a.m. in such a
manner as to be plainly audible at the property line
of the structure or building in which it is located, in
the hallway or apartment adjacent, or at a distance
of 50 feet if the source is located outside a
structure or building shall be prima facie evidence
of a violation of this section.
Subd. 8. Participation in noisy parties or
gatherings. No person shall participate in any
party or other gathering of people giving rise to
.
4
noise, unreasonably disturbing the peace, quiet, or
. repose of another person. When a police officer
determines that a gathering is creating such a noise
disturbance, the officer may order all persons
present, other than the owner or tenant of the
premises where the disturbance is o~urring, to
disperse immediately. No person shall refuse to
leave after being ordered by a police officer to do
so. Every owner or tenant of such premises who
has knowledge of the disturbance shall make every
reasonable effort to see that the disturbance is
stopped.
.
Subd. 9. Loudspeakers, amplifiers for
advertising, etc. No person shall operate or
permit the use or operation of any loudspeaker,
sound amplifier, or other device for the production
or reproduction of sound on a street or other public
place for the purpose of commercial advertising or
attracting the attention of the public to any
commercial establishment or vehicle.
.
Comment: Some cities may wish to allow such
devices under city permit. If this approach
. is used, provisions for a permit should be
substituted and standards for use of the
device under permit included
Subd. 10. Animals. No person shall keep any
animal that unreasonably disturbs the comfort or
repose of persons in the vicinity by its frequent or
continued noise. For purposes of this section,
"disturbs the comfort or repose of persons in the
vicinity by its frequent or continued noise" means
anyone of the following:
A. The animal noise occurs at a time between
10:00 p.m. and 7:00 am. and can be heard from a
location outside the building and premises where
the animal is being kept, and the animal has made
such noises intermittently for more than three (3)
minutes with one minute or less lapse of time
between each animal noise during the three minute
period: or
B. The animal noise can be heard from a one
block distance from the location of the building
aild premises where the animal is being kept, and
the animal has made such noises intermittently for
more than three (3) minutes with one minute or
less lapse of time between each animal nOise
during the three minute period; or
5
C. The animal noise can be heard from a
location outside the building and premises where
the animal is being kept, and the animal has made
such noises intermittently for a period of at least
.five (5) minutes with one minute or less lapse of
time between each animal noise during the five
minute period.
Subd.l1. Schools, churches, hospitals, etc.
No person shall create any excessive noise on a
street, alley, or public grounds adjacent to any
school, institution of learning, church, or hospital
when the noise unreasonably interferes with the
working of the institution or disturbs or unduly
annoys its occupants or residents and when
conspicuous signs indicate the presence of such
institution.
Comment: The list of institutions may be
altered to meet local needs. Some
ordinances, for example, add courts,
nursing homes, and homes for the elderly
to the list. Section 2 is intended to prohibit
various noise nuisances not controlled or
not easily controlled through Section 4,
sound level standards, or that may be
controlled easier in this fashion. It
includes noise nuisances commonly
proscribed by ordinances. Others may be
added to take account of local nuisance'
situations. Among other noise nuisances
sometimes found in noise control
ordinances are (1) noise pollution from
building, repairing, or testing .motor
vehicles or other internal combustion
engines; (2) use of model vehicles or model .
airplanes during certain nours or in
certain places; (3) use of explosives, .
firearms (see Minn. Stat. 116.07, Subd
2a), or similar devices causing a noise
disturbance beyond property lines
(sometimes permitted under certain
conditions with a special variance); (4)
unmuffledoperation of blower or power
fans; (5) noise from idling diesel engines.
Some provisions either included or omitted
in the model section may already appear in
city ordinances dealing with nuisances,
and some directed at noise by people (e.g.,
loud parties) may be treated in ordinances
on disorderly conduct or breaches of the
peace.
Section 3. Hourly Restriction on
Certain Operations.
Subdivision 1.
.
Recreational vehicles. No person shall, between
the hours of 10:00 p.m. and 7:00 a.m., drive or
operate any minibike, snowmobile, or other
recreational vehicle not licensed for travel on
public highways.
Comment: If other ordinances regulate or
prohibit the use of snowmobiles or other
nonhighway recreational vehicles within
the city, this provision should be modified
accordingly. It should be noted that Minn.
Stat. 84.87 regulates the operation of
snowmobiles relative to the ordinances of
a municipality.
.
6
Subd. 2. Domestic power equipment. No
eerson shall operate a power lawn mower~ power
hedge clipper, chain saw, mulcher, garden tiller,
edger, drill, or other similar domestic power
maintenance equipment except between the hours
of 7:00 a.m. and 10:00 p.m. on any weekday or
between the hours of 9:00 a.m. and 9:00 p.m. on
any weekend or holiday.
Snow removal
equipment is exempt from this provision.
Subd. 3. Refuse hauling. No person shall
collect or remove garbage or refuse in any
residential district except between the hours of
.:00 a.m. and 10:00 p.m. on any weekday or
between the hours of 9:00 a.m. and 9:00 p.m. on
any weekend or holiday.
Subd. 4. Construction activities. No person.
shall engage in or permit construction activities
involving the.use of any kind of electric, diesel or
gas-powered machine or other power equipment
except between the hours of 7:00 a.m. and 10:00
p.m. on any weekday or between the hours of9:00
a.m. and 9:00 p.m. on any weekend or holiday.
Section 4. Receiving Land Use
Standards. Subdivision 1. Maximum noise
levels by receiving land .use districts. No person
shall operate or cause or permit to be operated any
source of noise in such a maimer as to create a
noise level exceeding the limit set in Table I for
the receiving land use category specified when
measured at a point of nonnaI human activity of
the receiving land use.
Table I. Sound levels by Receiving Land Use Districts
Day
(7:00 a.m. - 10:00 p.m.)
LIO L50
Land Use Districts
Residential
Commercial
Industrial
65
70
80
Night
(10:00 p.m. -7:00 am.)
LIO L50
60
65
75
55
70
80
50
65
75
7
,...
Comment: These state standards dealing with
sound levels at the. point of re~eption
establish a set of criteria which cities can
utilize, or change to reflect their own
community values. The ordinance section
above imposes requirements' at or within
the property line of the receiving land use
unit categorized by zoning use districts. It
seems desirable to use the major districts
established in the city's zoning ordinance
as the districts referred to in this section
although state law actually applies to the
receiving land use unit according to its
current use. As in the state standards, the
table used in the ordinance prescribes a
somewhat more restrictive L5D standard
than LID standard In each category of
uses the L5D standard is 5 dBA less than
the Ll D standard.
If a city omits this section because it
does not wish to involve itself in sound
level measurement (though this section
may be easier to enforce than ordinance
standards that' leave more room for
interpretation in their application), it
should also omit or adapt other portions of
the ordinance related to this section on
receiving land use standards. Such cities
may prefer patterning their ordinance after
the short form ordinance, which omits
technical standards.
Subd. 2. Exemptions. The levels prescribed
in Subdivision 1 do not apply to noise originating
on public streets and alleys but such noise shall be
subject to other applicable sections of this
ordinance.
Section s. Air Circulation Devices. No
person shall permanently install or place any air
.
Circulation device, except a window air
conditioning unit, in any outdoor locatio~ until the
[police department, building inspector, or other
specified officer or agency] determines that the
4evice in that location will comply with the noise
level standards prescribed in Section 4 and issues
a permit for the installation. The noise produced
by any window unit and by any existing air
circulation device shall. be attenuated by means
deemed appropriate by the [police department,
building inspector, or other specified officer or
.
agency], including, but not limited to, relocation of
such device, if the noise results in or contributes to
a violation of Section 4.
Section 6. Exception for Emergency
Work. Noise created exclusively in the
performance of emerg~ncy work to preserve the
public health, safety, or welfare, or in the
performance of emergency work necessary to
restore a public service or eliminate a public
hazard shall be exempt from the provisions of this .
8
ordinance for a period not to exceed 24 hours after
. the work is commenced. Persons responsible for
such work shall inform the [police department,
building inspector, or other specified officer or
agency] of the need to initiate such work or, if the
work is commenced during nonbusiness hours of
the city, at the beginning of business hours of the
. first business day thereafter.
Any person
responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise
Section 7. Power and Duties of [police
. department, building inspector, or other specified
officer or agency].
Subdivision 1.
Administering officer. The noise control program
established by this ordinance shall be administered
by the [police department, building inspector, or
other specified officer or agency], who shall be
appointed by the (council or other appointing
authority).
.
Comment: In most cities the noise control
duties are assigned to an existing officer or
department. In that case the language
should be altered by substituting the name
of the official or department and omitting
the clause about the appointment. Instead
of substituting the name of that official or
department throughout the ordinance, the
subdivision may be modified to read, "The
noise control program established by this
ordinance shall be administered by the
noise control officer. Until otherwise
provided by ordinance, the [police
department, building inspector, or other
specified officer or agency] shall serve as
the noise control officer. "
If the council provides for a separate
position of noise control officer, the
appointing authority referred to in this
subdivision is the general appointing
authority established by law or charter,
such as the manager in a council -
manager city, the mayor in a strong mayor
- council city, or the council in most
statutory and some charter cities. If a new
position is established and the city has a
formal merit system, an additional
provision placing the position in the
classified service may be required if new
positions are not automatically in that
class in the .absence of appropriate action
to be contrary.
Subd. 2. Testing procedures. The [police
department, building inspector, or other specified
officer or agency] shall adopt guidelines
establishing the test procedures
and
instrumentation to be used in enforcing the
provisions of Section 4 imposing noise standards.
A copy of such guidelines shall be kept on file in
the office of the [police department, building
inspector, or other specified officer or agency] at
9
[address] and shall be available to the public for
reference during office hours.
Subd. 3. Studies, etc. The [police
department, building inspector, or other specified
officer or agency] shall conduct such research,
monitoring, and other studies related to sound as
are necessary or useful in enforcing this ordinance
and reducing noise in the city. He or she shall
make such investigations and inspections in
accordance with law as required in applying
ordinance requirements.
Subd. 4. Noise impact statements. The
[police department, building inspector, or other
specified officer or agency] may require any
person applying to the city for a change in zoning
classification or a permit. or license for any
structure, operation, process, installation, or
alteration, or project that may be considered a
potential noise source to submit a noise impact
statement on a form prescribed by the officer. He
or she shall evaluate each such statement and make
. appropriate recommendations to the councilor
other agency or officer authorized to take the
action or approve the license or permit applied for.
Subd. S. Other powers and duties. The
[police department, building inspector, or other
specified officer or agency] shall exercise such
other powers and perform such other duties as are
reasonable and necessary to enforce this ordinance.
Section 8. Variances. Subdivision 1.
Authority. The [police d~partment, building
inspector, or other specified officer or agency]
shall have authority, consistent with this section, to
grant variances from the requirements of any
section of this ordinance.
Subd. 2. Application. Any person seeking a
variance shall file an application with the [police
dePartment, building inspector, or other specified
officer or agency] on a form prescribed by the
officer. The application shall state the dates during
which the variance is proposed, the location of the
noise source and times of operation, the nature of
the noise source, reasons why the variance is
sought, steps taken to minimize the noise level,
and such other information as is required by the
.
.
.
10
[police. department, building inspector, or other
. specified officer or agency]. If the application is
for a variance for more than three ~ys, the [police
.
.
department, building inspector, or other specified
.officer or agency] shall give mailed notice of the
requested variance to all property owners within
500 feet of the noise source. Any person claiming
to be adversely affected by the variance applied for
may, within 20 days of mailing of the notice, file
a statement with the [police department, building
inspector, or other specified officer or agency] in
suppOrt of his or her claim.
Subd.3. Action on application. If the [police
department, building inspector, or other specified
officer or agency] finds that sufficient controversy
exists regarding the proposed variance, he or she
may hold a public hearing on the proposal at which
all persons affected shall be given an opportunity
to be heard. He or she shall also hold such a
hearing upon request of the applicant or any person
claiming to be adversely affected by the variance
applied for. Within 30 days of receipt of the
application, the officer shall approve or deny the
application. It may be approved only if the officer
finds that full compliance with the requirements of
the ordinance would constitute an unreasonable
hardship on the applicant, on other persons, or on
the community. In determining whether to grant or
deny the application, the officer shall balance the
hardship to the applicant against the adverse
impact on the health, safety, and welfare of the
persons affected, the adverse impact on property
affected, and any other adverse effects of granting
the variance. The variance may be granted subj ect
to conditions, including a time limit, which shall
be clearly stated.
Comment: Most comprehensive ordinances
contain provisions for varying the sound
source requirements of the ordinance to
prevent undue hardship. This special
dispensation from the requirements is
granted variously . by procedures for
exceptions, variances, or temporary (or
sometimes permanent) permits.
Sometimes such special treatment is
limited to the provision of special time
limits for bringing existing noise sources
into compliance when the ordinance first
goes into effect, and sometimes it is
confined to specified ordinance
restrictions. The model follows a practice
similar to that used in zoning ordinances
for variances. Provisions in the local
zoning ordinances may provide a pattern
that the council may wish to follow instead,
II
tying it in to the noise control ordinance to
the extent it is found feasible. q there is
some officer other than the [police
department, building inspector, or other
specified officer or agency], who might
better perform the task of administering the
variance provisions, such as the city
manager, administrator, environmental
commission, planning commission, or a
special ad hoc board, such an officer or
board may be substituted in this section.
Subd. 4. Appeals. Either the applicant or any
party aggrieved may, within 20 days of the
decision on the variance application, appeal to the
city council for a review of the decision. The
appeal shall be filed in writing with the city clerk.
The appeal shall be heard as soon as practicable
and within 20 days of the filing of the appeal, and
the applicant and any person who has filed a
statement on the application for a variance with the
[police department, building inspector, or other
specified officer or agency] shall be given at least
10 days mailed notice of the time when and place
where the appeal will be considered by the council.
The council may affirm, modify, or overrule the
action of the [police department, building
inspector, or other specified officer or agency] on
the basis of the criteria set out in Subdivision 3.
Comment: Ordinances that include provisions
for taking care of hardship cases usually
provide for appeals from administrative
rulings on the applictition for an exception
from ordinance requirements. Typically
this appeal is to the city council, but some
cities provide for appeals to a higher
administrative officer or agency either
before or in lieu of appeal to the council.
.
Section 9. Enforcement. Subdivision 1.
Notice of certain violations. When the [police
department, building inspector, or other specified
officer or agency] determines that a noise exceeds
the maximum sound level permitted under Section
4, he or she shall give written notice of the
violation to the owner or occupant of the premises
where the noise originates and order such person to
.
correct or remove each "specified violation within
such reasonable time as is prescribed in the notice.
The failure to remove or correct any such violation
within the time so prescribed constitutes a
violation of this ordinance.
Comment: Until the determination by the
officer that there is a violation of the sound
level requirements of Section 4, the person
responsible may not know that a violation
exists, particularly when the ordinance
first goes into effict. This section is
included, therefore, to ensure the person
responsible has an opportunity to correct
the condition before any prosecution is
.
12
.
attempted under the penalty provision of
Subdivision 3 or before resorting to other
means of abatement. Some ordinances
confine notice provisions of this kind to
situations existing when the ordinance
goes into effect. Some also set maximum
time limits for compliance, in some cases
fixing longer limits for more costly
corrective instal/ations.
Subd. 2. Civil remedies. This ordinance may
be enforced by injunction, action for abatement, or
other appropriate civil remedy.
Comment: Although it may not be possible to
affect the jurisdiction and procedure of the
courts by ordinance provision in most
cities, the provision at least cal/s attention
to available civil remedies.
Subd. 3. Criminal penalties. Any violation
.
of this ordinance involving the operation of a
motor vehicle is a petty misdemeanor and, upon
conviction, the violator shall be punished by a fme
not to exceed $100. Every person who violates
any other provision of this ordinance is guilty of a
misdemeanor and shall, upon conviction, be
subject to a fine of not more than $700 or
imprisonment for a term not to exceed 90 days, or
both. In all cases the city shall be entitled to
collect the costs of prosecution to the extent
. outlined by law, Rules of Criminal Procedure, and
the Rules of Court. Each act of violation and each
day a violation occurs or continues constitutes a
separate offense.
Comment: The penalty provided for
misdemeanors is the maximum allowed by
law. The provision for adding the costs of
prosecution is based on the statutory city
code. Minn. Stat. 412.231. Violations of
noise limits on motor vehicle operation and
for driving with an inadequate mujJler, like .
most violations of the traffic code, are petty
misdemeanors under the state law. Minn.
Stat. 169.89, Subd 1. The law also
provides that local ordinances may not fix
a different penalty. Minn. Stat. 169.022.
The ordinance may make all or specified
violations petty misdemeanors, if
preferred In that case the violator is
subject only to the maximum $100 fine on
conviction with no possibility of a jail
sentence. In prosecutions under a petty
misdemeanor provision, there is no right to
a trial by jlfry and appeals are permitted
only on questions of 'aw.
In a city with an ordinance code
containing a general penalty provision, the
penalty section of this ordinance may be
abridged
Section 10. Severability. If any provision
of this ordinance or the application of any
provision to a particular situation is held to be
invalid by a court of competent jurisdiction, the
remaining portions of the ordinance and the
13
application of the ordinance to any other situation
shall not be invalidated.
Comment: While there is some doubt that a
severability provision alters what a court
would do otherwise in construing
ordinances, it is common to include it in
ordinances containing such varied
provisions at this one. For example, the
PCA regulation establishing noise
standards contains such a provision.
Section 11. Effective Date. This ordinance
becomes effective
, 19_.
Comment: In statutory cities ordinances
become effective upon passage and
publication unless a later date is fzxed in
the ordinance. In many home rule charter
cities, non-emergency ordinances do not
become effective until 30 days after
passage and publication unless the
ordinance fixes a later date. This section
is not legally necessary unless a later
effective date is chosen than the date
prescribed by law or charter.
Passed this
day of
.19_.
Mayor
Attest:
City Clerk
Published in
on
,19_.
.
.
.
14
.
II. Short-Form Noise Control Ordinance
The City Council of
ordains:
Section 1.
Noises Prohibited.
Subdivision 1. General prohibition. No person
shall make or cause to be made any distinctly and
loudly audible noise that unreasonably annoys,
disturbs, injures, or endangers the comfort, repose,
health, peace, safety, or welfare of any person or
precludes their. enjoyment of property or affects
. .their property's value. This general prohibition is
not limited by the specific restrictions of the
following subdivisions.
Subd. 2. Horns, audible signaling devices,
etc. No person shall sound any audible signaling-
device on any vehicle except as a warning of
danger, as required by Minn. Stat. 169.68.
.
Comment: In order to further restrict the use of
these certain devices, danger can be more
fully defined, formal permits for the use of
these devices can be required, or
operational curfews can be established by
the city. Furthermore, the city or citiesmay
wish to extend this provision to stationary
sources which would include noon
whistles, church bells, etc.
Subd. 3. Exhaust. No person shall discharge
the exhaust or permit the discharge of the exhaust
of any steam engine, stationary. internal
combustion engine, motor boat, motor vehicle, or
snowmobile except through a muffler or other
device that effectively prevents loud or explosive
noises therefrom and complies with all applicable
state laws and regulations.
Comment.' Motor vehicle mufflers are
prescribed by Minn. Stat. 169.69. Water
craft mufflers are prescribed by Minn. Stat.
86B.321. Snowmobile mufflers are
required under Minn. Stat. 84.871 and
Minn. Rules 6100.5700 subpart 5. If
snowmobile operation within the city is
prohibited, the city may wish to omit the
reference to snowmobiles in this
subdivision.
Subd. 4. Defective vehicles or loads. No
person shall use any vehicle so out of repair or so
loaded as to create loud and unnecessary grating,
grinding, rattling, or other noise.
15
Subd. 5. Loading, unloading, unpacking.
No person shall create loud or excessive noise in
loading, unloading, or unpacking any vehicle.
Subd. 6. Radios, phonographs, paging
systems, etc. No person shall use or operate or
permit the use or operation of any radio receiving
set, musical instrument, phonograph, paging
system, machine, or other device for the
production or reproduction of sound in a distinct
and loudly audible manner as to unreasonably
. disturb the peace, quiet, and comfort of any person
nearby. Operation of any such set, instrument,
phonograph, machine, or other device between the
hours of 10:00 p.m. and 7:00 am. in such a
manner as to be plainly audible at the property line
of the structure or building in which it is located, in
the hallway or apartment adjacent, or at a distance
of 50 feet if the source is located outside a
structure or building shall be prima facie evidence
ofa violation of this section.
Subd. 7. Participation in noisy parties or
gatherings. No person shall participate in any
party or other gathering of people giving rise to
noise, unreasonably disturbing the peace, quiet, or
repose .of another person. When a police officer
.
determines that a gathering is creating such a noise
disturbance, the officer may order all persons
present, other than the owner or tenant of the
premises where the disturbance is occurring, to
disperse immediately. No person shall refuse to
leave after being ordered by a police officer to do
so. Every owner or tenant of such premises who
has knowledge of the disturbance shall make every
reasonable effort to see that the disturbance is
stopped.
Subd. 8. Loudspeakers, amplifiers for
.
advertising, etc. No person shall operate or permit
the use or operation of any loudspeaker, sound
amplifier, or other device for the production or
reproduction of sound on a street or other public
place for the purpose of commercial advertising or
attracting the attention of the public to any
commercial establishment or vehicle.
Comment: Some cities may wish to allow such
devices under city permit. if this approach
is used, provisions for a permit should be
substituted and standards for use of the
device under permit included
.
16
Subd.9. Animals. No person shall keep any
. animal that unreasonably disturbs the comfort or
repose of persons in the vicinity by its frequent or
continued noise. For purposes of this section,
"disturbs the comfort or repose of persons in the
vicinity by its frequent or continued noise" means
anyone of the following:
A. The animal noise occurs at a time between
10:00 p.m. and 7:00 a.m. and can be heard from a
location outside the building and premises where
the animal is being kept, and the animal has made
such noises intermittently for more than three (3)
. minutes with one minute or less lapse of time
between each animal noise during the three minute
period; or
B. The animal noise can be heard from a one
block distance from the location of the building
and premises where the animal is being kept, and
the animal has made such noises intermittently for
more than three (3) minutes with one minute or
less lapse of time between each animal noise
during the three minute period, or
.
c. The animal noise can be heard from a
location outside the building and premises where
the animal is being kept, and the animal has made
such noises intermittently for a period of at least
five (5) minutes with one minute or less lapse of
time between each animal noise during the five
minute period.
Subd. 10. Schools, churches, hospitals, etc.
No person shall create any excessive noise on a
street, alley, or public grounds adjacent to any
school, institution of learning, church, or hospital
when the noise unreasonably interferes with the
working of the institution or disturbs or unduly
annoys its occupants or. residents and when
conspicuous signs indicate the presence of such
institution.
Comment: The list of institutions may be
altered to meet local needs. Some
ordinances, for example, add courts,
nursing homes, and homes for the elderly
to the list. Section 1 is intended to proh.ibit
various noise nuisances commonly
proscribed by ordinances. Others may be
added to take account of local nuisance
situations. Among others sometimes found
in noise control ordinances are (1) noise
pollution from building, repairing, or
testing motor vehicles or other internal
combustion engines; (2) use of model
17
vehicles or. model airplanes during certain
hours or in certain places; (3) use of
explosives, firearms (see Minn. Stat.
116.07, Subd 2a), or similar devices
causing a noise disturbance beyond
property lines (sometimes permitted under
certain conditions with a special
variance); (4) unmuffled operation of
blower or power fans; (5) noise from idling
diesel engines.
Some provisions either included or
omitted in the model section may already
appear in city ordinances dealing with
nuisances, and some directed at noise by
people (e.g., loud parties) may be treated
in ordinances on disorderly conduct or
breaches of the peace.
Section 2. Hourly Restriction on
Certain Operations.
Subdivision 1.
Recreational vehicles. No person shall, between
the hours of 10:00 p.m. and 7:00 a.m., drive or
operate any minibike, . snowmobile, or other
recreational vehicle not licensed for travel on
public highways.
Comment: If other ordinances regulate or
prohibit the use of snowmobiles or other
non-highway recreational vehicles within
the city, this provision should be modified
. accordingly. It should be noted that Minn.
Stat. 84.90 regulates the operation of
snowmobiles relative to the ordinances of
a municipality.
Subd. 2. Domestic power equipment. No
person shall operate a power lawn mower, power
.
hedge clipper, chain saw, mulcher, garden tiller,
edger, drill, or other similar domestic power
maintenance equipment except between the hours
of 7:00 a.m. and 10:00 p.m. on any weekday or
between the hours of 9:00 a.m. and 9:00 p.m. on
any weekend or holiday. Snow removal equipment
i~ exempt from this provision.
Subd. 3. Refuse hauling. No person shall
collect or remove garbage or refuse in any
residential district except between the' hours of
7:00 a.m. and 10:00 p.m. on any weekday or
.
between the hours of 9:00 a.m. and 9:00 p.m. on
any weekend or holiday.
Subd. 4. Construction activities. No person
shall engage in or permit construction activities
involving the use of any kind of electric, diesel, or
gas-powered machine or other power equipment
except between the hours of7:00 a.m. and 10:00
p.m. on any weekday or between the hours of 9:00
a.m. and 9:00 p.m. on any weekend or holiday.
.
18
Section 3. Enforcement. Subdivision 1.
. Enforcement duties. The [police department,
building inspector, or other specified officer or
agency] shall enforce the provisions of this
ordinance. The [substitute other specified officer
or agency if listed above] may inspect private
premises other than private residences and shall
make aU reasonable efforts to prevent violations of
this ordinance.
.
Comment: This subdivision must be adapted to
jit the administrative structure and
personnel of the individual city. In many
small cities the police department may be
the only agency available for the purpose.
In that case the subdivision is consistent
with the general responsibility given the
police department to enforce laws and
ordinances.
Subd. 2. Civil remedies. This ordinance may
be enforced by injunction, action for abatement, or
other appropriate civil remedy.
Comment: Although it may no/be possible to
affect the jurisdiction and procedure of the
courts by ordinance provision in most
cities, the provision at least calls attention
to available civil remedies.
Subd. 3. Noise impact statements. The
council may require any person applying for a
. change in zoning classification or a permit or
license for any structure, operation, process,
installation or alteration, or project that may be
considered a potential noise source to submit a
noise impact statement on a form prescribed by the
council. It shall evaluate each such statement and
take its evaluation into account in approving or
disapproving the license or permit applied for or
the zoning change requested.
Comment: Ii there is some other officer who
may appropriately require noise impact
statements, that officer may be substituted
for the council in the jir$t sentence and the
second then may be altered to provide for
evaluation of the statement by that officer
and the making of appropriate
recommendations to the council or other
officer authorized to take action. Some
cities, particularly smaller cities, may
preftr to omit this subdivision altogether.
Subd. 4. Criminal penalties. Any violation
of this ordinance involving the operation of a
motor vehicle is a petty misdemeanor and, upon
conviction, the violator shall be punished by a fine
not to exceed $100. Every person who violates any
other provision of this ordinance is guilty of a
misdemeanor and shall, upon conviction, be
subject to a fine of not more than $700 or
imprisonment for a tenn not to exceed 90 days, or
19
both. In all cases the city shall be entitled to
collect the costs of prosecution to the extent
outlined by law, Rules of Criminal Procedure, and
the Rules ofCourl Each act of violation and each
day a violation occurs or continues constitutes a
separate offense.
Comment: The penalty . provided for
misdemeanors is the maximum allowed by
law. The provision for adding the costs of
prosecution is based on the statutory city
code. Minn. Stat. 412.231. Violations of
noise limits on motor vehicle operation and
for driving with an inadequate muffler, like
most violations of the traffic code, are petty
misdemeanors under the state law. Minn.
Stat. 169.89, Subd 1. The law also.
provides that local ordinances may not fIX
a different penalty. Minn. Stat .169.022.
The ordinance may make all or specified
violations petty misdemeanors, if
preferred In that case the violator is
subject only to the maximum $100jine on
conviction with no possibility of a jail
sentence. In prosecutions under a petty
misdemeanor provision, there is no right to
a trail by jury and appeals are permitted
only on questions of law.
In a city with an ordinance code
containing a general penalty provision, the
penalty section of this ordinance may be
abridged
Section 4. Effective Date. This ordinance
becomes effective
19
\~
~
.
.
.
20