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05-12-09 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room May 12, 2009 6:30 pm 1. Proposed Ordinance Amendment - Section 4.20 - 1-394 Mixed Use Zoning District Signage 2. Proposed Ordinance Amendment - Section 4.31 - Stormwater Management 3. 2009 Pavement Management: Request for Secondary Driveway 4. Neighbors Helping Neighbors Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. alley Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting May 12, 2009 Agenda Item 1. Proposed Ordinance Amendment - 1-394 Mixed Use Zoning District Signage Prepared By Joe Hogeboom, City Planner Summary The 1-394 Mixed Use Zoning District, created in 2008, requires that the City's Code (Chapter 4.20) be modified in order to regulate signage for the wide array of land uses expected to occur in the district. In a coordinated effort, the Planning Department, the Inspections Department, and Thibault Associates have developed a proposed ordinance which clearly asserts the City's expectations and requirements for all signage in the 1-394 Mixed Use Zoning District. Language in this ordinance has been modified to allow staff to better understand and enforce sign regulations. Bill Thibault of Thibault and Associates will be present at the Council/Manager meeting to discuss the implications of the proposed ordinance as well as answer questions from Council Members. Attachment Proposed Ordinance - Amendments to Section 4.20 - Addition of 1-394 Mixed Use District Signage (8 pages) Underlined/Overscored Version of Section 4.20: Sign Permits and Regulations (20 pages) Clean Version of Section 4.20: Sign Permits and Regulations (20 pages) ORDINANCE NO. ,2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Section 4.20 - Addition of 1-394 Mixed Use District Signage The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 4.20 is amended by adding a new paragraph in Subdivision 9 as follows: J. 1-394 .Mixed Use Zoning District. This district has unique requirements requiring special consideration. 1. Expanded Purpose. The City of Golden Valley has completed a study of the 1-394 corridor, established a separate zoning district for this corridor and hereby establishes sign regulations for this special district. The sign purposes for this district are the following: a. The sign purposes as contained in Subdivision 1 Purposes. b. Improve, or at least not detract from, visual coherence and attractiveness of the corridor. c. Sign colors and materials shall complement those of the building. d. Signs shall be visually appealing. e. Signs are to be pedestrian oriented. f. Achieve, or at least not detract from, contributing to compatibility among buildings, streetscape, public views, and spaces. g. Ensure the city's purposes and objectives of the 1-394 Corridor Study and the 1-394 Mixed Use Zoning District are met. h. Ensure sign areas are calculated and charged as sign area. 2. Signage Plan Required. a. A signage plan which shows buildings, access, parking, setbacks-open space, property lines, and the location, size, materials, height, illumination, if any, of existing and proposed signs and buildings and other relevant site features must be submitted to the city at the time of site plan review or consideration for a conditional use permit. If a site plan review or conditional use permit is not required and a sign application is submitted, a signage plan must also be submitted unless a signage plan approved by the city is on file. 1 b. To be approved, the Signage Plan must be found to meet the Purpose clause, the Expanded Purpose clause and all other requirements of the sign ordinance applicable to the 1-394 Mixed Use Zoning District. c. To be approved, the area of all signs must be calculated and charged as sign area unless excepted by 4.20 Subdivision 5. d. Upon approval of the signage plan by the city, said signage plan shall govern the location, type and size of signs until and unless the site plan is amended with a new and approved signage plan which is in conformance with the sign ordinance in effect at the time of submission of the amended plan. e. Prior to constructing a sign, a sign permit must be obtained and a signage plan approved unless excepted by 4.20 Subdivision 5. 3. The following signs are permitted within the 1-394 Mixed Use Zoning District: a. Temporary signs. 1. Real estate signs. The following limits apply: I Single-use Mixed-use 132 s:. ft. 64 s . ft. 2. Construction signs. The following limits apply: I Single-use I. 120 s~. ft. Mixed-use .. 120 s_' ft 3. Garage Sale signs for single-use Multiple Dwellings. 4. Other temporary signs, banners and inflatables as regulated in Subdivision 10. b. Permanent signs: 1. Maximum Total Sign Area. a.) The maximum total sign area allowed includes the area of all signs as defined by Subdivision W, provided however, window signs are included as sign area, as described in Subdivision 9(J)(3)(B)(9). 2 b.) The maximum total sign area allowed is based on use and other factors. Three (3) use categories are established: Single Use Residential, Single Use Non-Residential, and Mixed Uses. The following limits apply: Maximum Total Sign Area 1 s . ft. er dwellin 50 s . ft. Single Use Non- Residential (Includes single use commercial, office, hotel, institutional, and industrial/light industrial uses) Parcel Size or Floor Area o to 1 acre or floor area of o to 15 000 r0555 . ft. > 1 to 3 acres or floor area of > 15 to45 000 r055 5 . ft. >3 to 5 acres or floor area of >45 to 75 000 r05S 5 . ft. >5 acres or floor area of > 75 000 r0555 . ft. Mixed Uses Parcel Size or Floor Area 3 Maximum Total Si n Area 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict ABC Low Rise - up Mid Rise - up High Rise - up to 3 stories to 6 stories to 10 stories 1005 .ft 1205 .ft 1505 . ft. 1205 . ft. 1505 . ft. 2005 . ft. 2005 . ft. 2505 .ft 3005 . ft. 300.5 . ft. 3505 .ft 4005 .ft Maximum Total Si n Area 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict A B C Low Rise - up Mid Rise - up High Rise - up to to 3 stories to 6 stories 10 stories 1505 .ft 1805 .ft 2005 . ft. 2005 . ft. 2505 . ft. 3005 . ft. 2505 . ft. 3005 .ft 400 5 . ft. 500 3505 . ft. 4005 .ft ft 2.) Building Name Signs. If a building is to be named with a sign, the building may only have one (1) name. If placed on a building wall, the wall sign must be placed at one of the following locations: a.)On the ground level. b.) A wall space contiguous to the ground level and architecturally designed for the sign to be placed or to be an acceptable area for the sign. c.) A suitable wall space at the upper level of the building. d.) An intermediate level between the ground level and the top level provided the wall space is architecturally designed for the sign or found to be an acceptable area for the sign. 3.) Wall Signs. Prohibited location guide. No building name sign, tenant sign, sign advertising a product or service shall be placed a.) Over any portion of a window b.) On or above a roof top c.) On or above a penthouse, a roof top equipment enclosure or similar structure d.)Between the ground level and the uppermost level unless the sign meets the following guide: The sign is located and integrated into a framed wall mass where the ratio of the framed wall space/mass is at least three and one-half (3.5) times larger than the sign area to be located in the framed wall space. The framed wall space must be continuous, that is uninterrupted or unbroken by another wall or similar feature and void of any windows, doors or similar features. 4.) Free Standing Sign. One (1) free standing sign (pylon or monument sign) per lot not to exceed twenty-five (25) feet in height provided the sign is located within four hundred (400) feet of the outside edge of the 1-394 right-of-way. 5.) Multi-tenant Building Signs. Unless the name of the building, a sign for a ground level tenant must be located at the ground level. No upper level tenant shall have a sign on an upper level unless such sign is the name of the building and meets the building name and wall sign requirements. 4 6.) Projecting Signs. Signs projecting from a wall canopy or awning may be allowed by the city subject to the following: a.) The sign must be located at least eight (8) feet above the walking surface or ground level unless located flat against the building and the projection is less than six (6) inches if the sign is attached to a wall. b.) No part of the projection shall be closer than one (1) foot from the curb line projected vertically. c.) The property owner may be required to obtain a license from the city or to execute an agreement with the city governing use, maintenance and other factors. 7.) Awning - Canopy sign limits a.) No awning or canopy sign is allowed to extend to a height greater than necessary to cover the door, window or opening it is covering on the first or ground level. No awning or canopy above the first or ground level shall include a sign. b.) No sign on a canopy or awning shall extend into a band along the outside edges of the canopy or awning with the band width equal to at least ten percent (10%) of width along the width dimension and ten percent (10%) along the length dimension. 8.) Window Signs. Window signs on a site redeveloped or a building substantially remodeled after December 31, 2009, shall be charged as sign area. (Consultant's note: Other options include charging for all window signs or charging for all window signs after a specific date, e.g. December 31, 2010.) 9.) Sign Setbacks. a.) Free Standing Signs. No portion of an allowed pylon sign or monument sign shall be located within an easement and shall meet the following: Yard Minimum Setback Front Yard 10 feet Side Yard 5 feet Rear Yard 5 feet b.) Canopies, Awnings and Similar Structures. Signs on canopies, awnings or similar structures which overhang or extend into the right-of-way may be allowed through approval of the plan by the City Council. The property owner may be required to obtain 5 a license from the city or to execute an agreement with the city governing its use, maintenance and other factors. 10. Other Design Requirements in the 1-394 Mixed Use Zoning District. Signs are also required to conform to the following: a.) Sign Quality - see 4.20 Subdivision 8(E) b.) Illumination - see 4.20 Subdivision 8(C) c.) Outdoor Lighting - see Section 11.73 d.) Wall Sign Spacing - see 4.20 Subdivision 8(H)(1) e.) Temporary Signs, Banners and Inflatables - see 4.20 Subdivision 10 f.)Other application requirements of 4.20 not specifically listed above Section 2. City Code Section 4.20 Subdivision 2(G) Free Standing Sign is hereby amended to read as follows: G. Free Standing Sign: A sign placed in the ground and not affixed to any part of a building. Free standing signs may not exceed twenty five (25) feet in height and may include pylon or monument signs. Section 3. City Code Section 4.20 Subdivision 2(K) Monument Sign is hereby amended to read as follows: K. Monument Sign: A freestanding sign not supported by poles or posts which is architecturally designed and located directly on grade. Section 4. City Code Section 4.20 Subdivision 2(R) Pylon Sign is hereby amended to read as follows: R. Pylon Sign: A free standing structure with a sign mounted thereon. Section 5. City Code Section 4.20 Subdivision 2(W) Sign Surface Area is hereby amended to read as follows: w. Surface Area of Sign (Maximum Total Sign Area, Total Sign Area): The entire area within a single continuous perimeter enclosing the extreme limits of actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one (1) side of a double-faced or V-type (one hundred thirty-five (135) degree maximum) structure or pylon sign shall be used in computing total surface area. Only two (2) sides of a triple-faced or quadruple-faced 6 monument sign shall be used in computing total_sign area. If individual letters are mounted directly on a wall or canopy without a frame, the sign area shall be the area in square feet of the smallest rectangle enclosing the sign. Section 6. City Code Section 4.20 Subdivision 8(E) Sign Quality is hereby amended to read as follows: E. Sign Quality. All signs, including but not limited to wall signs, monument signs, and pylon signs, shall incorporate materials and colors which are compatible with the building on the site where the sign is to be located. Compatible shall include, but is not limited to, materials that are consistent with the principal architectural features and colors of the building(s) being identified. All signs shall be of good quality, and shall be designed to include attractive and tasteful colors and design elements. The layout of the sign shall give the sign a neat and orderly appearance. At the discretion of the Building Official or his or her designee, the sign permit may be reviewed by the Building Board of Review. Section 7. City Code Section 4.20 Subdivision 8(F) Sign Setbacks is hereby amended in the first paragraph to read as follows: F. Sign Setbacks. Signs other than residential nameplates and neighborhood identification signs must be entirely located at least ten (10) feet from all property lines and ten (10) feet from any driveway on the premises on which the sign is erected and maintained, except as allowed in the 1-394 Mixed Use Zoning District. The following additional setbacks are required: Section 8. City Code Section 4.20 Subdivision 8(G) Streets and Easements is hereby amended to read as follows: G. Streets and Easements. No sign other than public signs shall be erected or placed upon any public street, right-of-way, public easement, public land or project over public property or public easements, except as allowed in the 1- 394 Mixed Use Zoning District. Section 9. City Code Section 4.20 Subdivision 8(H)(2) Wall Sign Projection is hereby amended to read as follows: 2. Sign Projection. No sign may project out more than eighteen (18) inches from the face of the building to which it is attached, except as allowed in the 1-394 Mixed-Use Zoning District. Section 10. Section 4.20 Subdivision 8(1) Window Signs is amended by adding the following condition: 7 3. In the 1-394 Mixed Use Zoning District, window signs on a site redeveloped on a building substantially remodeled after December 31, 2009, shall be charged as a sign area. Section 11. Section 4.20 is amended by deleting Section 4.20 Subdivision 9(H)(3) Exceptions. Section 12. Section 4.20 Subdivision 12(C) Non-Conforming Signs is amended by adding the following provision. C. Signs with a height greater than twenty-five (25) feet allowed by policy during construction of 1-394 must be removed or made to conform to the current ordinance if either one (1) or both of the following is proposed: 1) a new sign is required on the pylon, or 2) a new sign of one hundred- twenty (120) or more square feet is proposed on the property. Section 13. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. This Ordinance shall take effect after its publication as required by law. Adopted by the City Council this _ day of , 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virnig Susan M. Virnig, City Clerk 8 94.20 Section 4.20: Sign Permits and Regulations Subdivision 1. Purpose The purpose of this section is to establish minimum sign requirements to protect and promote the general welfare, health, safety, order and aesthetics within the City; to permit adequate signs for effective communication; to limit signs to identify uses and businesses where they are located and to do so in an efficient, effective and aesthetic manner while maintaining an attractive and appealing appearance along streets, highways, private and public property, and the air space above and between developments; and to recognize the need to maintain an attractive and appealing appearance of property and prevent visual clutter, while at the same time assuring that the public is not endangered, annoyed or distracted. Subdivision 2. Definitions For the purposes of this Section, certain words and terms are defined as follows: A. Address Sign: A sign consisting of identification numbers only, either in written or numerical form. B. Bench Sign: A sign located on the front surface of the back rest of a bench located on the street or the immediate adjacent property and designed for seating while waiting at a bus stop or in a public plaza space. C. Business or Identification Sign: A sign which directs attention to a business, profession, commodity, service, activity or entertainment which is conducted, sold or offered upon the premises where such sign is located. D. Construction Sign: A project sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. E. Electronic Sign: An illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use and which displays a message that changes more than once per 24-hour period. F. Flashing Sign: Any illuminated sign or non-illuminated sign, emitting an intermittent or flashing light or creating the illusion of intermittent or flashing light by means of animation or other methods. G. Free Standing Sign: A sign placed in the ground and not affixed to any part of any building. Pylon signs and ~~onuments signs are examples of freestanding signs. Free standing signs may not exceed twenty five (25) feet in height and may include pylon or monument signs. Golden Valley City Code Page 1 of 20 94.20 H. Garage Sale Sign: A sign identifying a temporary sale of household items sold by one private party to another private party. Such items shall be sold solely for personal use and not for resale. I. Illuminated Sign: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign. J. Menu Sign: An exterior freestanding sign advertising products or services of a business with a drive-through facility. K. Monument Sign: A freestanding sign not to exceed twelve (12) feet in height not supported by poles or posts which is architecturally designed and located directly on grade..!. .,..ith the b<:lse being se'v'enty (70) percent or more of the gre<:ltest width of the sign <:lnd with the b<:lse integr<:lted with the sign. L. Name Plate Sign: A sign which states the name or address or both of the business or occupant of the lot where the sign is placed. M. Neighborhood Identification Sign: A monument sign identifying a neighborhood or area. N. Non-conforming Sign: A sign lawfully existing at the adoption of this Ordinance but does not conform to its requirements. O. Portable Sign: A sign not attached permanently to the ground and designed so as to be movable from one location to another. P. Private Directional Sign: A non-advertising sign erected on private property by the owner of the property for purposes of guiding vehicular and pedestrian traffic. Q. Public Sign: Any sign defined as a traffic control sign in the Highway Traffic Regulation Act, any identification sign installed in a public park by a public authority or any identification, regulatory, warning or other sign approved by the City for installation on public land. R. Pylon Sign: A free standing structure which is in excess of twelve (12) feet in height with a sign mounted thereon. S. Real Estate Sign: A sign which advertises the development, sale, lease or rental of land or buildings. T. Search Light Sign: A temporary sign drawing attention to an event, activity, or site by concentrating or focusing light rays or beacons to create a brightly focused light that may rotate, flash, remain steady or some combination of these. Golden Valley City Code Page 2 of 20 ~ 4.20 U. Shopping Centers: Any contiguous group of six (6) or more retail stores or service establishments within the Commercial Zoning district comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons, where each tenant is provided direct access to the parking area by means of an exterior door or exit at ground or balcony level. V. Sign: A name, identification, description, display, or illustration, which is affixed to or represented directly on a building structure, or a tract of land and which directs attention to an object, product, place, activity, person, institution, organization, or business located on the same premises. It does not include any official court or other public notices or directional signs placed by an authorized government agency, nor does it include the flag, emblem, or insignia of a nation, political unit, school or religious or service or fraternal group. W. Surface Area of Sign (Maximum Total Sign Area. Total Sign Area): The entire area within a single continuous perimeter enclosing the extreme limits of actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one (1) side of a double-faced or V-type (one hundred thirty five (135) degree maximum) structure or pylon sign shall be used in computing total surface area. Only two (2) sides of a triple-faced or quadruple-faced monument sign shall be used in computing total sign area. If individual letters are mounted directly on a wall or canopy without a frame, the sign area shall be the area in square feet of the smallest rectangles enclosing the sign. X. Temporary Sign: A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure. Y. Wall Sign: A sign attached to or erected against an exterior wall surface of a building or structure. Z. Window Sign: A sign placed, mounted or hanging on the outside or inside surface of a window or any sign placed within a building for the purpose of being visible from the public right-of-way. AA. Office/Warehouse Park: Any contiguous group of six (6) or more business establishments within the Industrial or Light Industrial Zoning District comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons, where each tenant is provided direct access to the parking area by means of an exterior exit door at ground level. Subdivision 3. Exempt Signs The following signs are exempt from certain provisions of this section as provided below. Golden Valley City Code Page 3 of 20 94.20 A. Bench signs. If located on a bench permitted by the City and as defined and allowed by City Code Section 7.40 B. Menu signs C. Private Directional signs D. Public signs E. Signs on licensed vehicles moved daily F. Garage Sale signs G. Temporary signs at athletic events only through December 31, 2006. Sporting associations who have been permitted to use a city athletic field may permit (for a fee) only through December 31, 2006, other persons or entities to place signs to advertise their services or products during athletic events subject to the following requirements: 1. Signs shall be no more than thirty (30) square feet in size and shall be made of vinyl or similar soft material; 2. Signs shall be attached to a fence or structure within ten (10) feet of the playing field, shall be no higher than the fence or structure and shall be placed so as to be visible to spectators at the event; 3. Signs may be placed on the day of the sporting event and removed that day after the event is concluded; 4. The sporting association shall be responsible for conformance with this code provision and for any damage or injuries resulting from the display of such signs; 5. Such signs shall not be of a political nature nor advertise alcohol, tobacco, adult entertainment or their use. Subdivision 4. Prohibited Uses The following uses are prohibited. A. Flashing signs and Portable signs B. Electronic signs having a message that changes more than once per 24-hour period, except those portions of an electronic sign displaying only the time and/or temperature. No electronic sign displaying the time and/or temperature shall blink, flash, or change in any manner whatsoever, except to display the changing time or temperature. No electronic sign displaying the time and temperature shall rotate or flash back and forth between the same. Golden Valley City Code Page 4 of 20 94.20 C. Signs placed on rooftops D. Signs or parts of signs that rotate, move, flutter or which give the appearance of such action E. Signs or advertising murals painted directly on a building F. Signs pa inted or mounted on trees, utility poles, bollards, or other portions of a property or structure not specifically designed for the display of signs, except for those window signs where allowed by the Section G. Signs installed in a way that obstructs clear vision of persons using the streets or at any location that, because of its position, shape, or color, interferes with, obstructs the view of, or may be confused with, any authorized traffic sign, signal, or device. No sign other than Public or Construction signs, shall be visible from a public street which makes use of the words "STOP", "LOOK", "DANGER", or any other word, phrase, symbol or character which may interfere with, mislead, or confuse persons using the public streets H. Any sign upon which is stated or depicted any pornographic or obscene words, conduct, or other matter I. Any sign relating to adult establishments and accessory uses as defined in Section 11.50 of this Code unless at the location of such adult establishment or accessory use and otherwise in conformance with this Section. J. Signs mounted upon buildings that extend above the roof or parapet wall level, whichever is higher Subdivision 5. Permit Exceptions It is unlawful for any person to erect, construct, repair, resurface, alter or maintain a sign without first obtaining the applicable permit, except for the following signs: A. A nameplate not exceeding one (1) square foot in area, and containing only the name of the resident, or title of person practicing a profession, in the Residential, Residential R-2 and Multiple Dwelling Zoning District. B. Real Estate signs pertaining to the lease or sale of real estate containing six (6) or less square feet. C. Construction signs advertising the development or improvement of a property by builder, owner, contractor or other persons furnishing service, materials or labor, provided such sign is removed when the work is completed or upon issuance of a certificate of occupancy or completion, whichever occurs first. D. Garage sale signs. Golden Valley City Code Page 5 of 20 94.20 Subdivision 6. Administration The Building Official or his or her designee shall administer this Section of the City Code. Subdivision 7. Fees Sign permit fees shall be set by the City Council, adopted by resolution, and amended from time-to-time. Subdivision 8. General Regulations A. Calculation of Sign Area. All signs are included in the calculation of sign area, except for the following: Address Signs, Construction Signs, Menu Signs not visible from a right-of-way, Neighborhood Identification Signs, Private Directional Signs, Real Estate Signs, and Temporary Signs. B. Free Standing Signs. If there is pedestrian or vehicular traffic that passes under a free standing sign, eight (8) feet of clearance from basic grade to the lowest element of the sign shall be required. At the discretion of the Building Official or his or her designee, a property survey and an engineered plan for foundations and/or soil tests may be required for freestanding signs. C. Illumination. Direct rays or glare of light from an illuminated sign shall not be visible from public rights-of-way or property other than that on which the illuminated sign is located. Any external source of illumination must be provided with shields or lenses that concentrate the light onto the sign. D. Menu Signs. If the name of the business or business logo is included in a menu sign, the sign area of such name or logo shall be counted as sign area for determining maximum sign area allowed. E. Sign Quality. All signs, including but not limited to wall signs, monument signs, and pylon signs, shall incorporate materials and colors which are compatible with the building upon "..hich on the site where the sign is to be located. Compatible shall include, but is not limited to, materials that are consistent with the principal architectural features and colors of the building(s) being identified. All signs shall be of good quality, and shall be designed to include attractive and tasteful colors and design elements. The layout of the sign shall give the sign a neat and orderly appearance. At the discretion of the Building Official or his or her designee, the sign permit may be reviewed by the Building Board of Review. F. Sig n Setbacks. Signs other than residential nameplates and neighborhood identification signs must be entirely located at least ten (10) feet from all property lines and ten (10) feet from any driveway on the premises on which the sign is erected and maintained, except as allowed in the 1-394 Mixed Use Zoning District. The following additional setbacks are required: Golden Valley City Code Page 6 of 20 94.20 1. Signs must be outside the corner visibility zone, as per the corner visibility requirements in Chapter 7 of the City Code. 2. Shopping center pylon signs shall have a minimum setback of thirty-five (35) feet from a street property line. G. Streets and Easements. No sign other than public signs shall be erected or placed upon any public street, right-of-way, public easement, public land or project over public property or public easements"';". except as allowed in the 1- 394 Mixed Use Zoning District. H. Wall Signs. The following requirements are applicable for all wall signs: 1. Spacing. Signs applied to a building shall be placed as to allow a space between the end of the sign and the edge of the building or individual occupancy equal to ten percent (10%) of the linear frontage of the building or individual occupancy. 2. Sign Projection. No sign may project out more than eighteen (18) inches from the face of the building to which it is attached. except as allowed in the 1-394 Mixed Use Zoning District. I. Window Signs. Window sign(s) mounted or hanging on a window surface must meet the following requirements: 1. No window sign(s) shall occupy more than fifty percent (50%) of the surface area of a window. 2. If the name of the business or business logo where the sign is located is included in a window sign, the sign area of such name or logo shall be counted as sign area for determining maximum sign area allowed. 3. In the 1-394 Mixed Use Zoning District. window signs on a site redeveloped or a building substantially remodeled after December 31- 2009. shall be charged as sign area. J. Garage and Real Estate Sale Signs. Garage and Real Estate sale signs shall be subject to the following requirements: 1. No resident shall display garage sale signs for more than eight (8) days per year. Such signs shall not be displayed on more than two (2) non- continuous occasions per year. 2. All garage sale signs shall clearly identify the address, month, dates or days of the week of the sale. 3. All signs shall be set back a minimum of fifteen (15) feet from the back of the curb or behind any existing sidewalk, whichever is greater. Golden Valley City Code Page 7 of 20 94.20 4. All signs shall be removed by 9 pm on the final day of the sale. 5. No sign shall be: a. Greater than six (6) square feet in area or three (3) feet in height. The height of the sign shall be measured from the top of the sign to the ground. b. Located on any governmental property, including the street right-of- way. c. Placed on vehicles or trailers located on the public street or any other public or governmental property. d. Placed on private property other than the sale premises without prior permission of the property owner. e. Posted more than one (1) day prior to the sale. K. Business Closure. If at any time a business or person goes out of business or permanently ceases to operate as a business, said business or person shall meet the following requirements: 1. All business signs, except real estate signs, must be removed within thirty (30) days. 2. All signs remaining after thirty (30) days shall result in a written warning to the property owner from the Building Official or his/her designee. The Building Official or designee shall mail such warning to the property owner using regular U.S. Mail. 3. All signs not removed within thirty-five (35) days after the date of the Building Official or designee's letter shall be removed by the Building Official or his/her designee, and any costs associated with said removal shall be assessed against the property whereupon the sign was located. Subdivision 9. Regulation by Zoning District A. General. Signs not specifically permitted in the zoning districts are prohibited. B. Residential Zoning District. No freestanding sign in the Residential district shall exceed six (6) feet in height. The following signs are permitted within the Residential Zoning district: 1. Temporary signs: Golden Valley City Code Page 8 of 20 94.20 a. Real estate sign. Not to exceed six (6) square feet per street frontage, nor fifty (50) square feet if more than six (6) lots or more than two (2) acres. b. Construction sign. Not to exceed thirty-two (32) square feet. c. Garage sale signs. 2. Permanent signs: a. Nameplate sign. Not to exceed one (1) square foot. b. Neighborhood Identification sign. A sign with a sign area of thirty-two (32) square feet at each street opening provided the development contains at least six (6) lots/dwellings. C. Two Family (R-2) Residential Zoning District. No freestanding sign in the Two Family Residential district shall exceed six (6) feet in height. The following signs are permitted within the Two Family (R-2) Residential Zoning District: 1. Temporary signs: a. Real estate sign. Not to exceed six (6) square feet, nor fifty (50) square feet if more than six (6) lots or two (2) acres. b. Construction sign. Not to exceed thirty-two (32) square feet. c. Garage sale signs. 2. Permanent signs: a. Nameplate sign. Not to exceed one (1) square foot. b. Neighborhood Identification sign. Not to exceed a height of six (6) feet and a sign area of thirty-two (32) square feet provided the development contains at least six (6) lots/dwellings. D. Multiple Dwelling Zoning District. No freestanding sign in the Multiple Dwelling District shall exceed eight (8) feet in height. The following signs are permitted within the Multiple Dwelling Zoning District. 1. Temporary signs: a. Real estate sign. Not to exceed thirty-two (32) square feet, nor fifty (50) square feet if more than six (6) lots or two (2) acres. b. Construction sign. Not to exceed sixty-four (64) square feet. Golden Valley City Code Page 9 of 20 94.20 c. Garage sale signs. 2. Permanent signs: a. Nameplate sign. Not to exceed one (1) square foot. b. Neighborhood Identification sign or Wall sign. Is allowed at a maximum of fifty (50) square feet of total signs if there are at least six (6) lots/dwellings. E. Institutional Zoning District. The following signs are permitted within the Institutional Zoning District: 1. Temporary signs. The size shall not exceed one hundred percent (100%) of the permanent sign area allowed. Additional size requirements are as follows: a. Real estate sign. Not to exceed fifty (50) square feet. b. Construction sign. Not to exceed sixty-four (64) square feet in area. 2. Permanent signs. The total sign area shall not exceed sixty (64) square feet. The height requirements for permanent signs are as follows: a. Monument sign. Shall not be higher than twelve (12) feet. b. Pylon sign. Shall not be higher than twenty-five (25) feet. F. Business and Professi onal Offices Zoning District. The following signs are permitted within the Business and Professional Offices Zoning District. 1. Temporary signs: The size shall not exceed seventy-five percent (75%) of the permanent sign area allowed. a. Real estate sign. Not to exceed thirty-two (32) square feet. b. Construction sign. Not to exceed sixty-four (64) square feet. 2. Permanent signs: a. Monument sign. Shall not exceed twelve (12) feet in height. b. Pylon sign. Shall not exceed twenty-five (25) feet in height. 3. Maximum Total Sign Area. The following limits apply: 50 s . ft. Golden Valley City Code Page 10 of 20 94.20 90 s . ft. 150 s . ft. G. Commercial Zoning District. The following signs are permitted within the Commercial Zoning District. 1. Temporary signs. The size shall not exceed seventy-five percent (75%) of the permanent sign area allowed. a. Real estate sign: No such sign shall exceed sixty-four (64) square feet. b. Construction sign: The following limits apply: 64 s . ft. 90 s . ft. 100 s . ft. 120 s . ft. 2. Permanent signs: a. Maximum Total Sign Area. The following limits apply: 1 acre o - 15,000 ross s . ft. 150 s . ft. 1 - 3 acres 15 - 45,000 . ft. 200 s . ft. 3 - 5 acres 45 - 75,000 . ft. 300 s . ft. Over 5 acres 400 sq. ft. over 75,000 ross s . ft. b. Monument sign. Shall not be greater than twelve (12) feet in height. c. Pylon sign. Shall not be greater than twenty-five (25) feet in height. d. Shopping Center signage. A shopping center may be allowed one (1) common pylon sign with a maximum area of two hundred sixty (260) square feet in addition to the sign area otherwise allowed. Each tenant shall be allowed two (2) square feet of sign area per foot of lineal frontage. Golden Valley City Code Page 11 of 20 94.20 H. Light Industrial and Industrial Zoning Districts. The following signs are permitted within the Light Industrial and Industrial Zoning Districts. 1. Temporary signs. The size shall not exceed seventy-five (75) percent of the permanent sign area allowed. a. Real estate sign. Not to exceed sixty-four (64) square feet. b. Construction sign. The following limits apply: 2. Permanent signs: 64 s . ft. 90 s . ft. 100 s . ft. a. Monument sign. Shall not be greater than twelve (12) feet in height. b. Pylon sign. Shall not be greater than twenty-five (25) feet in height. c. Maximum Total Sign Area. The following limits apply: 150 sq. ft. 180 sq. ft. 200 sq. ft. d. Office Warehouse Park signage. An Office Warehouse Park may be allowed one (1) common sign with a a maximum area of one hundred eighty (180) square feet in addition to the sign area otherwise allowed. If the Office Warehouse Park features multiple tenants, each tenant shall be allowed two (2) square feet of sign area per foot of lineal frontage. 3. Exceptions: a. I 394 Zone. Industri;J1 p;Jrccls within six hundred (600) feet of Interst;Jte 394 ;Jnd its Front;Jge roads sh;J1I be allo'Ned Dddition;J1 signage up to the maximum allO'vved in the Commerci;J1 Zoning District. 1. Planned Unit Development (PUD). Signs for a PUD shall be governed by the underlying zoning on the property. Golden Valley City Code Page 12 of 20 S 4.20 J. 1-394 Mixed Use Zoning District. This district has unique requirements requiring special consideration. 1. Expanded Purpose. The City of Golden Valley has completed a study of the 1-394 corridor, established a separate zoning district for this corridor and hereby establishes sign regulations for this special district. The sign purposes for this district are the following: 5L. The sign purposes as contained in Subdivision 1 Purposes. .b.... Improve, or at least not detract from, visual coherence and attractiveness of the corridor. ~ Sign colors and materials shall complement those of the building. ~ Signs shall be visually appealing. ~ Signs are to be pedestrian oriented. f. Achieve, or at least not detract from, contributing to compatibility among buildings, streetscape, public views, and spaces. ~ Ensure the city's purposes and objectives of the 1-394 Corridor Study and the 1-394 Mixed Use Zoning District are met. h... Ensure sign areas are calculated and charged as sign area. 2. Signage Plan Required. ~ A signage plan which shows buildings, access, parking, setbacks-open space, property lines, and the location, size, materials, height, illumination, if any, of existing and proposed signs and buildings and other relevant site features must be submitted to the city at the time of site plan review or consideration for a conditional use permit. If a site plan review or conditional use permit is not required and a sign application is submitted, a signage plan must also be submitted unless a signage plan approved by the city is on file. b. To be approved, the Signage Plan must be found to meet the Purpose clause, the Expanded Purpose clause and all other requirements of the sign ordinance applicable to the 1-394 Mixed Use Zoning District. c. To be approved, the area of all signs must be calculated and charged as sign area unless excepted by 4.20 Subdivision 5. ~ Upon approval of the signage plan by the city, said signage plan shall govern the location, type and size of signs until and unless the site plan is amended with a new and approved signage plan which is in Golden Valley City Code Page 13 of 20 S 4.20 conformance with the sign ordinance in effect at the time of submission of the amended plan. ~ Prior to constructing a sign, a sign permit must be obtained and a signage plan approved unless excepted by 4.20 Subdivision 5. 3. The following signs are permitted within the 1-394 Mixed Use Zoning District: a. Temporary signs. 1.) Real estate signs. The following limits apply: I Single-use Mixed-use 132 s:. ft. 64 s . ft. 2.) Construction signs. The following limits apply: I Sinqle-use 1120 s:. ft. Mixed-use 120 s . ft 3.) Garage Sale signs for single-use Multiple Dwellings. 4.) Other temporary signs, banners and infJatables as regulated in Subdivision 10. b. Permanent signs: 1.) Maximum Total Sign Area. a) The maximum total sign area allowed includes the area of all signs as defined by Subdivision W, provided however, window signs are included as sign area, as described in Subdivision 9(J)(3)(B)(9). b)The maximum total sign area allowed is based on use and other factors. Three (3) use categories are established: Single Use Residential. Single Use Non-Residential, and Mixed Uses. The following limits apply: Maximum Total Sign Area 1 s . ft. er dwellin 50 s . ft. Golden Valley City Code Page 14 of 20 ~ 4.20 Mixed Uses Low Rise - UD Mid Rise - UD Hiah Rise - up to 3 stories o 6 stories to 1 tries 1005 . ft 1205 .ft 1505 . ft. 1205 . ft. 1505 . ft. 2005 . ft. 2005 . ft. 2505 .ft 3005 . ft. 3005 . ft. 3505 . ft 4005 .ft Area Parcel Size or Floor Area Low Rise - UD Mid Rise - up Hiah Rise - UD to t tories to 6 stories 10 stories 1505 . ft 1805 .ft 2005 . ft. 2005 . ft. 2505 . ft. 3005 . ft. 2505 . ft. 3005 . ft 4005 . ft. 400 5 . ft 2.) Building Name Signs. If a building is to be named with a sign. the building may only have one (1) name. If placed on a building wall. the wall sign must be placed at one of the following locations: a.) On the ground level. b.) A wall space contiguous to the ground level and architecturally designed for the sign to be placed or to be an acceptable area for the sign. Golden Valley City Code Page 15 of 20 94.20 c.) A suitable wall space at the upper level of the building. d.) An intermediate level between the ground level and the top level provided the wall space is architecturally designed for the sign or found to be an acceptable area for the sign. 3.) Wall Signs. Prohibited location guide. No building name sign, tenant sign, sign advertising a product or service shall be placed a,) Over any portion of a window b.) On or above a roof top c.) On or above a penthouse, a roof top equipment enclosure or similar structure d.) Between the ground level and the uppermost level unless the sign meets the following guide: The sign is located and integrated into a framed wall mass where the ratio of the framed wall space/mass is at least three and one-half (3.5) times larger than the sign area to be located in the framed wall space. The framed wall space must be continuous, that is uninterrupted or unbroken by another wall or similar feature and void of any windows, doors or similar features. 4.) Free Standing Sign. One (1) free standing sign (pylon or monument sign) per lot not to exceed twenty-five (25) feet in height provided the sign is located within four hundred (400) feet of the outside edge of the 1-394 right-of-way. 5.) Multi-tenant Building Signs. Unless the name of the building, a sign for a ground level tenant must be located at the ground level. No upper level tenant shall have a sign on an upper level unless such sign is the name of the building and meets the building name and wall sign requirements. 6.) Projecting Signs. Signs projecting from a wall canopy or awning may be allowed by the city subject to the following: a.) The sign must be located at least eight (8) feet above the walking surface or ground level unless located flat against the building and the projection is less than six (6) inches if the sign is attached to a wall. b.) No part of the projection shall becloser than one (1) foot from the curb line projected vertically. Golden Valley City Code Page 16 of 20 94.20 c.) The Rroperty owner may be required to obtain a license from the city or to execute an agreement with the city governing use. maintenance and other factors. 7.)Awning - Canopy sign limits .9..J. No awning or canopy sign is allowed to extend to a height greater than necessary to cover the door, window or opening it is covering on the first or ground level. No awning or canopy above the first or ground level shall include a sign. Q.J. No sign on a canopy or awning shall extend into a band along the outside edges of the canopy or awning with the band width equal to at least ten percent (10%) of width along the width dimension and ten percent (10%) along the length dimension. 8.) Window Signs. Window signs on a site redeveloped or a building substantially remodeled after December 31, 2009, shall be charged as sign area. 9.) Sign Setbacks. a.) Free Standing Signs. No portion of an allowed pylon sign or monument sign shall be located within an easement and shall meet the following: ., Yard Minimum Setback Front Yard 10 feet Side Yard 5 feet Rear Yard 5 feet b.) Canopies, Awnings and Similar Structures. Signs on canopies, awnings or similar structures which overhang or extend into the right-of-way may be allowed through approval of the plan by the City Council. The property owner may be required to obtain a license from the city or to execute an agreement with the city governing its use, maintenance and other factors. 10.) Other Design Requirements in the 1-394 Mixed Use Zoning District. Signs are also required to conform to the following: a.) Sign Quality - see 4.20 Subdivision 8(E) b.) Illumination - see 4.20 Subdivision 8(C) c.) Outdoor lighting - see Section 11. 73 d.) Wall Sign Spacing - see 4.20 Subdivision 8(H)(1) Golden Valley City Code Page 17 of 20 ~ 4.20 e.) Temporary Signs. Banners and Inflatables - see 4.20 Subdivision 10 f.) Other application requirements of 4.20 not specifically listed above Subdivision 10. Temporary Signs, Banners and Inflatables The use of temporary signs such as banners, pennants, inflatables (including balloons over eighteen (18) inches in diameter) for advertising temporary sales, business openings, special events, similar activities or used for other purposes are limited to the following: A. Real estate signs are subject to the following requirements: leasing signs must be removed after initial leasing or within three hundred sixty (360) days after a certificate of occupancy is issued if involving a new building or a substantial remodeling. Leasing information integrated into an approved permanent neighborhood identification sign or monument sign and given the same architectural treatment using the same materials and design given to the neighborhood identification or monument sign are not subject to the removal provisions of this section. No real estate or for sale sign shall remain on a property longer than one (1) year unless approved by the Building Official or his or her designee. B. The maximum duration shall not exceed a total of thirty (30) days in anyone (1) calendar year. Each property is limited to three (3) occurrences in one calendar year. C. An approved permit shall be obtained prior to display of a temporary sign. A temporary sign displayed without a permit shall be removed and no new temporary sign shall be allowed nor shall a permit be approved within the next twelve (12) months. Subdivision 11. Design and Construction All signs shall be in compliance with the most currently adopted versions of the Minnesota State Building Code and the National Electric Safety Code. Subdivision 12. Non-Conforming Signs A. General. A non-conforming sign shall not be rebuilt, relocated, altered or modified in size or height, unless it is made fully conforming with this article. B. Removal. Except for changing signs, if a face or message on a nonconforming sign is resurfaced or removed, the entire sign and sign structure must be removed or made to conform with this article. C. Signs with a height greater than twenty-five (25) feet allowed by policy during construction of 1-394 must be removed or made to conform to the current ordinance if either one (1) or both of the following is proposed: 1) a Golden Valley City Code Page 18 of 20 94.20 new sign is required on the pylon, or 2) a new sign of one hundred-twenty (120) or more square feet is proposed on the property. Subdivision 13. Maintenance All signs shall be kept in good repair and free from rust, corrosion loose or flaking paint, worn or damaged materials or rotted framework or other members, broken or missing members or missing letters. The premises surrounding all ground signs shall be maintained in a safe, clean, and sanitary condition free and clear of all rubbish and weeds. Subdivision 14. Permit Penalties Any sign constructed or erected without the required permit shall be subject to removal, if necessary, or subject to a double fee if in compliance with all other applicable requirements of this Section. Subdivision 15. Administrative Citations A. Administrative citations. 1. A fine for a violation of any provision of this Section may be assessed through an administrative citation, issued by the City Manager or his/her designee and payable directly to the City. 2. The Council shall establish by resolution the amount of the fine to be assessed for all administrative citations. These fines shall not exceed the maximum penalty for a misdemeanor violation under State law. 3. Payment of any such fine shall not excuse the failure to correct the violation nor shall it bar further enforcement activity by the City. 4. Any fine paid pursuant to this Section shall be refunded if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. 5. Payment for any administrative citation shall be due twenty (20) days after its issuance. B. Content. All administrative citations shall contain the following: 1. The date of the violation; 2. The address or a definite description of the location where the violation occu rred ; 3. The name, address, and other identifying information for the person being cited; 4. The provisions of this Section violated and a description of the violation; Golden Valley City Code Page 19 of 20 94.20 5. The fine schedule for the violation; 6. A description of how, when, and where the fine must be paid; 7. A brief description of the appeal process; 8. The name and signature of the citing official. C. Recovery of fine resulting from administrative citation. Property owners shall be notified yearly by U.S. Mail of any outstanding administrative citations and that such citations will be assessed against the property. Thirty (30) days after mailing such letter, the Clerk shall file any outstanding administrative citations as special assessments against each such property which shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state law. D. Failure to pay administrative citation. 1. Failure to pay any administrative citation shall constitute grounds for suspending or revoking any license or permit held by the offenders. 2. Failure to pay an administrative citation shall constitute a separate, additional violation of City Code. E. Appeals. 1. Right of appeal. Any person aggrieved by an administrative citation may appeal the administrative citation to the Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, and must be filed with the Clerk within 10 (ten) business days after service of the administrative citation. The filing fee shall be set by the Council. Failure to file an appeal shall constitute a waiver of rights to contest the administrative citation and the imposition of the fine. 2. Decision. Upon at least five (5) business days notice to the appellant of the time and place for the hearing the appeal, and within thirty (30) days after said appeal is filed, the Council shall hold a hearing thereon, at which the applicant may appear and present evidence as to why the administrative citation, or any portion thereof, should not be issued. The Council may reverse, modify, or affirm, in whole or in part, the administrative citation and shall order return of all or part of the filing fee if the appeal is upheld. The Council may postpone a meeting and hold a hearing at a later date, not to exceed sixty (60) days after the appeal is filed, when it is necessary to do so. Golden Valley City Code Page 20 of 20 94.20 Section 4.20: Sign Permits and Regulations Subdivision 1. Purpose The purpose of this section is to establish minimum sign requirements to protect and promote the general welfare, health, safety, order and aesthetics within the City; to permit adequate signs for effective communication; to limit signs to identify uses and businesses where they are located and to do so in an efficient, effective and aesthetic manner while maintaining an attractive and appealing appearance along streets, highways, private and public property, and the air space above and between developments; and to recognize the need to maintain an attractive and appealing appearance of property and prevent visual clutter, while at the same time assuring that the public is not endangered, annoyed or distracted. Subdivision 2. Definitions For the purposes of this Section, certain words and terms are defined as follows: A. Address Sign: A sign consisting of identification numbers only, either in written or numerical form. B. Bench Sign: A sign located on the front surface of the back rest of a bench located on the street or the immediate adjacent property and designed for seating while waiting at a bus stop or in a public plaza space. C. Business or Identification Sign: A sign which directs attention to a business, profession, commodity, service, activity or entertainment which is conducted, sold or offered upon the premises where such sign is located. D. Construction Sign: A project sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. E. Electronic Sign: An illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use and which displays a message that changes more than once per 24-hour period. F. Flashing Sign: Any illuminated sign or non-illuminated sign, emitting an intermittent or flashing light or creating the illusion of intermittent or flashing light by means of animation or other methods. G. Free Standing Sign: A sign placed in the ground and not affixed to any part of any building. Free standing signs may not exceed twenty five (25) feet in height and may include pylon or monument signs. Golden Valley City Code Page 1 of 20 94.20 H. Garage Sale Sign: A sign identifying a temporary sale of household items sold by one private party to another private party. Such items shall be sold solely for personal use and not for resale. I. Illuminated Sign: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign. J. Menu Sign: An exterior freestanding sign advertising products or services of a business with a drive-through facility. K. Monument Sign: A freestanding sign not supported by poles or posts which is architecturally designed and located directly on grade. L. Name Plate Sign: A sign which states the name or address or both of the business or occupant of the lot where the sign is placed. M. Neighborhood Identification Sign: A monument sign identifying a neighborhood or area. N. Non-conforming Sign: A sign lawfully existing at the adoption of this Ordinance but does not conform to its requirements. O. Portable Sign: A sign not attached permanently to the ground and designed so as to be movable from one location to another. P. Private Directional Sign: A non-advertising sign erected on private property by the owner of the property for purposes of guiding vehicular and pedestrian traffic. Q. Public Sign: Any sign defined as a traffic control sign in the Highway Traffic Regulation Act, any identification sign installed in a public park by a public authority or any identification, regulatory, warning or other sign approved by the City for installation on public land. R. Pylon Sign: A free standing structure with a sign mounted thereon. S. Real Estate Sign: A sign which advertises the development, sale, lease or rental of land or buildings. T. Search Light Sign: A temporary sign drawing attention to an event, activity ,or site by concentrating or focusing light rays or beacons to create a brightly focused light that may rotate, flash, remain steady or some combination of these. U. Shopping Centers: Any contiguous group of six (6) or more retail stores or service establishments within the Commercial Zoning district comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons, where each tenant is provided direct Golden Valley City Code Page 2 of 20 94.20 access to the parking area by means of an exterior door or exit at ground or balcony level. V. Sign: A name, identification, description, display, or illustration, which is affixed to or represented directly on a building structure, or a tract of land and which directs attention to an object, product, place, activity, person, institution, organization, or business located on the same premises. It does not include any official court or other public notices or directional signs placed by an authorized government agency, nor does it include the flag, emblem, or insignia of a nation, political unit, school or religious or service or fraternal group. W. Surface Area of Sign (Maximum Total Sign Area, Total Sign Area): The entire area within a single continuous perimeter enclosing the extreme limits of actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one (1) side of a double-faced or V-type (one hundred thirty five (135) degree maximum) structure or pylon sign shall be used in computing total surface area. Only two (2) sides of a triple-faced or quadruple-faced monument sign shall be used in computing total sign area. If individual letters are mounted directly on a wall or canopy without a frame, the sign area shall be the area in square feet of the smallest rectangles enclosing the sign. X. Temporary Sign: A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure. Y. Wall Sign: A sign attached to or erected against an exterior wall surface of a building or structure. Z. Window Sign: A sign placed, mounted or hanging on the outside or inside surface of a window or any sign placed within a building for the purpose of being visible from the public right-of-way. AA. Office/Warehouse Park: Any contiguous group of six (6) or more business establishments within the Industrial or Light Industrial Zoning District comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons, where each tenant is provided direct access to the parking area by means of an exterior exit door at ground level. Subdivision 3. Exempt Signs The following signs are exempt from certain provisions of this section as provided below. A. Bench signs. If located on a bench permitted by the City and as defined and allowed by City Code Section 7.40 B. Menu signs Golden Valley City Code Page 3 of 20 94.20 C. Private Directional signs D. Public signs E. Signs on licensed vehicles moved daily F. Garage Sale signs G. Temporary signs at athletic events only through December 31, 2006. Sporting associations who have been permitted to use a city athletic field may permit (for a fee) only through December 31, 4006, other persons or entities to place signs to advertise their services or products during athletic events subject to the following requirements: 1. Signs shall be no more than thirty (30) square feet in size and shall be made of vinyl or similar soft material; 2. Signs shall be attached to a fence or structure within ten (10) feet of the playing field, shall be no higher than the fence or structure and shall be placed so as to be visible to spectators at the event; 3. Signs may be placed on the day of the sporting event and removed that day after the event is concluded; 4. The sporting association shall be responsible for conformance with this code provision and for any damage or injuries resulting from the display of such signs; 5. Such signs shall not be of a political nature nor advertise alcohol, tobacco, adult entertainment or their use. Subdivision 4. Prohibited Uses The following uses are prohibited. A. Flashing signs and Portable signs B. Electronic signs having a message that changes more than once per 24-hour period, except those portions of an electronic sign displaying only the time and/or temperature. No electronic sign displaying the time and/or temperature shall blink, flash, or change in any manner whatsoever, except to display the changing time or temperature. No electronic sign displaying the time and temperature shall rotate or flash back and forth between the same. C. Signs placed on rooftops Golden Valley City Code Page 4 of 20 94.20 D. Signs or parts of signs that rotate, move, flutter or which give the appearance of such action E. Signs or advertising murals painted directly on a building F. Signs pa inted or mounted on trees, utility poles, bollards, or other portions of a property or structure not specifically designed for the display of signs, except for those window signs where allowed by the Section G. Signs installed in a way that obstructs clear vision of persons using the streets or at any location that, because of its position, shape, or color, interferes with, obstructs the view of, or may be confused with, any authorized traffic sign, signal, or device. No sign other than Public or Construction signs, shall be visible from a public street which makes use of the words "STOP", "LOOK", "DANGER", or any other word, phrase, symbol or character which may interfere with, mislead, or confuse persons using the public streets H. Any sign upon which is stated or depicted any pornographic or obscene words, conduct, or other matter I. Any sign relating to adult establishments and accessory uses as defined in Section 11.50 of this Code unless at the location of such adult establishment or accessory use and otherwise in conformance with this Section. J. Signs mounted upon buildings that extend above the roof or parapet wall level, whichever is higher Subdivision 5. Permit Exceptions It is unlawful for any person to erect, construct, repair, resurface, alter or maintain a sign without first obtaining the applicable permit, except for the following signs: A. A nameplate not exceeding one (1) square foot in area, and containing only the name of the resident, or title of person practicing a profession, in the Residential, Residential R-2 and Multiple Dwelling Zoning District. B. Real Estate signs pertaining to the lease or sale of real estate containing six (6) or less square feet. C. Construction signs advertising the development or improvement of a property by builder, owner, contractor or other persons furnishing service, materials or labor, provided such sign is removed when the work is completed or upon issuance of a certificate of occupancy or completion, whichever occurs first. D. Garage sale signs. Golden Valley City Code Page 5 of 20 94.20 Subdivision 6. Administration The Building Official or his or her designee shall administer this Section of the City Code. Subdivision 7. Fees Sign permit fees shall be set by the City Council, adopted by resolution, and amended from time-to-time. Subdivision 8. General Regulations A. Calculation of Sign Area. All signs are included in the calculation of sign area, except for the following: Address Signs, Construction Signs, Menu Signs not visible from a right-of-way, Neighborhood Identification Signs, Private Directional Signs, Real Estate Signs, and Temporary Signs. B. Free Standing Signs. If there is pedestrian or vehicular traffic that passes under a free standing sign, eight (8) feet of clearance from basic grade to the lowest element of the sign shall be required. At the discretion of the Building Official or his or her designee, a property survey and an engineered plan for foundations and/or soil tests may be required for freestanding signs. C. Illumination. Direct rays or glare of light from an illuminated sign shall not be visible from public rights-of-way or property other than that on which the illuminated sign is located. Any external source of illumination must be provided with shields or lenses that concentrate the light onto the sign. D. Menu Signs. If the name of the business or business logo is included in a menu sign, the sign area of such name or logo shall be counted as sign area for determining maximum sign area allowed. E. Sign Quality. All signs, including but not limited to wall signs, monument signs, and pylon signs, shall incorporate materials and colors which are compatible with the building on the site where the sign is to be located. Compatible shall include, but is not limited to, materials that are consistent with the principal architectural features and colors of the building(s) being identified. All signs shall be of good quality, and shall be designed to include attractive and tasteful colors and design elements. The layout of the sign shall give the sign a neat and orderly appearance. At the discretion of the Building Official or his or her designee, the sign permit may be reviewed by the Building Board of Review. F. Sign Setbacks. Signs other than residential nameplates and neighborhood identification signs must be entirely located at least ten (10) feet from all property lines and ten (10) feet from any driveway on the premises on which the sign is erected and maintained, except as allowed in the 1-394 Mixed Use Zoning District. The following additional setbacks are required: Golden Valley City Code Page 6 of 20 ~ 4.20 1. Signs must be outside the corner visibility zone, as per the corner visibility requirements in Chapter 7 of the City Code. 2. Shopping center pylon signs shall have a minimum setback of thirty-five (35) feet from a street property line. G. Streets and Easements. No sign other than public signs shall be erected or placed upon any public street, right-of-way, public easement, public land or project over public property or public easements, except as allowed in the 1-394 Mixed Use Zoning District. H. Wall Signs. The following requirements are applicable for all wall signs: 1. Spacing. Signs applied to a building shall be placed as to allow a space between the end of the sign and the edge of the building or individual occupancy equal to ten percent (10%) of the linear frontage of the building or individual occupancy. 2. Sign Projection. No sign may project out more than eighteen (18) inches from the face of the building to which it is attached, except as allowed in the 1-394 Mixed Use Zoning District. 1. Window Signs. Window sign(s) mounted or hanging on a window surface must meet the following requirements: 1. No window sign(s) shall occupy more than fifty percent (50%) of the surface area of a window. 2. If the name of the business or business logo where the sign is located is included in a window sign, the sign area of such name or logo shall be counted as sign area for determining maximum sign area allowed. 3. In the 1-394 Mixed Use Zoning District, window signs on a site redeveloped or a building substantially remodeled after December 31, 2009, shall be charged as sign area. J. Garage and Real Estate Sale Signs. Garage and Real Estate sale signs shall be subject to the following requirements: 1. No resident shall display garage sale signs for more than eight (8) days per year. Such signs shall not be displayed on more than two (2) non- continuous occasions per year. 2. All garage sale signs shall clearly identify the address, month, dates or days of the week of the sale. 3. All signs shall be set back a minimum of fifteen (15) feet from the back of the curb or behind any existing sidewalk, whichever is greater. Golden Valley City Code Page 7 of 20 94.20 4. All signs shall be removed by 9 pm on the final day of the sale. 5. No sign shall be: a. Greater than six (6) square feet in area or three (3) feet in height. The height of the sign shall be measured from the top of the sign to the ground. b. Located on any governmental property, including the street right-of- way. c. Placed on vehicles or trailers located on the public street or any other public or governmental property. d. Placed on private property other than the sale premises without prior permission of the property owner. e. Posted more than one (1) day prior to the sale. K. Business Closure. If at any time a business or person goes out of business or permanently ceases to operate as a business, said business or person shall meet the following requirements: 1. All business signs, except real estate signs, must be removed within thirty (30) days. 2. All signs remaining after thirty (30) days shall result in a written warning to the property owner from the Building Official or his/her designee. The Building Official or designee shall mail such warning to the property owner using regular U.S. Mail. 3. All signs not removed within thirty-five (35) days after the date of the Building Official or designee's letter shall be removed by the Building Official or his/her designee, and any costs associated with said removal shall be assessed against the property whereupon the sign was located. Subdivision 9. Regulation by Zoning District A. General. Signs not specifically permitted in the zoning districts are prohibited. B. Residential Zoning District. No freestanding sign in the Residential district shall exceed six (6) feet in height. The following signs are permitted within the Residential Zoning district: 1. Temporary signs: Golden Valley City Code Page 8 of 20 ~ 4.20 a. Real estate sign. Not to exceed six (6) square feet per street frontage, nor fifty (50) square feet if more than six (6) lots or more than two (2) acres. b. Construction sign. Not to exceed thirty-two (32) square feet. c. Garage sale signs. 2. Permanent signs: a. Nameplate sign. Not to exceed one (1) square foot. b. Neighborhood Identification sign. A sign with a sign area of thirty-two (32) square feet at each street opening provided the development contains at least six (6) lots/dwellings. C. Two Family (R-2) Residential Zoning District. No freestanding sign in the Two Family Residential district shall exceed six (6) feet in height. The following signs are permitted within the Two Family (R-2) Residential Zoning District: 1. Temporary signs: a. Real estate sign. Not to exceed six (6) square feet, nor fifty (50) square feet if more than six (6) lots or two (2) acres. b. Construction sign. Not to exceed thirty-two (32) square feet. c. Garage sale signs. 2. Permanent signs: a. Nameplate sign. Not to exceed one (1) square foot. b. Neighborhood Identification sign. Not to exceed a height of six (6) feet and a sign area of thirty-two (32) square feet provided the development contains at least six (6) lots/dwellings. D. Multiple Dwelling Zoning District. No freestanding sign in the Multiple Dwelling District shall exceed eight (8) feet in height. The following signs are permitted within the Multiple Dwelling Zoning District. 1. Temporary signs: a. Real estate sign. Not to exceed thirty-two (32) square feet, nor fifty (50) square feet if more than six (6) lots or two (2) acres. b. Construction sign. Not to exceed sixty-four (64) square feet. Golden Valley City Code Page 9 of 20 94.20 c. Garage sale signs. 2. Permanent signs: a. Nameplate sign. Not to exceed one (1) square foot. b. Neighborhood Identification sign or Wall sign. Is allowed at a maximum of fifty (50) square feet of total signs if there are at least six (6) lots/dwellings. E. Institutional Zoning District. The following signs are permitted within the Institutional Zoning District: 1. Temporary signs. The size shall not exceed one hundred percent (100%) of the permanent sign area allowed. Additional size requirements are as follows: a. Real estate sign. Not to exceed fifty (50) square feet. b. Construction sign. Not to exceed sixty-four (64) square feet in area. 2. Permanent signs. The total sign area shall not exceed sixty (64) square feet. The height requirements for permanent signs are as follows: a. Monument sign. Shall not be higher than twelve (12) feet. b. Pylon sign. Shall not be higher than twenty-five (25) feet. F. Business and Professi onal Offices Zoning District. The following signs are permitted within the Business and Professional Offices Zoning District. 1. Temporary signs: The size shall not exceed seventy-five percent (75%) of the permanent sign area allowed. a. Real estate sign. Not to exceed thirty-two (32) square feet. b. Construction sign. Not to exceed sixty-four (64) square feet. 2. Permanent signs: a. Monument sign. Shall not exceed twelve (12) feet in height. b. Pylon sign. Shall not exceed twenty-five (25) feet in height. 3. Maximum Total Sign Area. The following limits apply: 50 s . ft. Golden Valley City Code Page 10 of 20 94.20 90 s . ft. 150 s . ft. G. Commercial Zoning District. The following signs are permitted within the Commercial Zoning District. 1. Temporary signs. The size shall not exceed seventy-five percent (75%) of the permanent sign area allowed. a. Real estate sign: No such sign shall exceed sixty-four (64) square feet. b. Construction sign: The following limits apply: 64 s . ft. 90 s . ft. 100 s . ft. 120 s . ft. 2. Permanent signs: a. Maximum Total Sign Area. The following limits apply: 1 acre o - 15,000 ross s . ft. 150 s . ft. 1 - 3 acres 15 - 45,000 . ft. 200 s . ft. 3 - 5 acres 45 - 75,000 . ft. 300 s . ft. Over 5 acres 400 sq. ft. over 75,000 ross s . ft. b. Monument sign. Shall not be greater than twelve (12) feet in height. c. Pylon sign. Shall not be greater than twenty-five (25) feet in height. d. Shopping Center signage. A shopping center may be allowed one (1) common pylon sign with a maximum area of two hundred sixty (260) square feet in addition to the sign area otherwise allowed. Each tenant shall be allowed two (2) square feet of sign area per foot of lineal frontage. Golden Valley City Code Page 11 of 20 94.20 H. Light Industrial and Industrial Zoning Districts. The following signs are permitted within the Light Industrial and Industrial Zoning Districts. 1. Temporary signs. The size shall not exceed seventy-five (75) percent of the permanent sign area allowed. a. Real estate sign. Not to exceed sixty-four (64) square feet. b. Construction sign. The following limits apply: 2. Permanent signs: 64 s . ft. 90 s . ft. 100 s . ft. a. Monument sign. Shall not be greater than twelve (12) feet in height. b. Pylon sign. Shall not be greater than twenty-five (25) feet in height. c. Maximum Total Sign Area. The following limits apply: 150 sq. ft. 180 sq. ft. 200 sq. ft. d. Office Warehouse Park signage. An Office Warehouse Park may be allowed one (1) common sign with a a maximum area of one hundred eighty (180) square feet in addition to the sign area otherwise allowed. If the Office Warehouse Park features multiple tenants, each tenant shall be allowed two (2) square feet of sign area per foot of lineal frontage. I. Planned Unit Development (PUD). Signs for a PUD shall be governed by the underlying zoning on the property. J. 1-394 Mixed Use Zoning District. This district has unique requirements requiring special consideration. 1. Expanded Purpose. The City of Golden Valley has completed a study of the 1-394 corridor, established a separate zoning district for this corridor Golden Valley City Code Page 12 of 20 94.20 and hereby establishes sign regulations for this special district. The sign purposes for this district are the following: a. The sign purposes as contained in Subdivision 1 Purposes. b. Improve, or at least not detract from, visual coherence and attractiveness of the corridor. c. Sign colors and materials shall complement those of the building. d. Signs shall be visually appealing. e. Signs are to be pedestrian oriented. f. Achieve, or at least not detract from, contributing to compatibility among buildings, streetscape, public views, and spaces. g. Ensure the city's purposes and objectives of the 1-394 Corridor Study and the 1-394 Mixed Use Zoning District are met. h. Ensure sign areas are calculated and charged as sign area. 2. Signage Plan Required. a. A signage plan which shows buildings, access, parking, setbacks-open space, property lines, and the location, size, materials, height, illumination, if any, of existing and proposed signs and buildings and other relevant site features must be submitted to the city at the time of site plan review or consideration for a conditional use permit. If a site plan review or conditional use permit is not required and a sign application is submitted, a signage plan must also be submitted unless a signage plan approved by the city is on file. b. To be approved, the Signage Plan must be found to meet the Purpose clause, the Expanded Purpose clause and all other requirements of the sign ordinance applicable to the 1-394 Mixed Use Zoning District. c. To be approved, the area of all signs must be calculated and charged as sign area unless excepted by 4.20 Subdivision 5. d. Upon approval of the signage plan by the city, said signage plan shall govern the location, type and size of signs until and unless the site plan is amended with a new and approved signage plan which is in conformance with the sign ordinance in effect at the time of submission of the amended plan. e. Prior to constructing a sign, a sign permit must be obtained and a signage plan approved unless excepted by 4.20 Subdivision 5. Golden Valley City Code Page 13 of 20 94.20 3. The following signs are permitted within the 1-394 Mixed Use Zoning District: a. Temporary signs. 1.) Real estate signs. The following limits apply: I Single-use Mixed-use 132 s:. ft. 64 s . ft. 2.) Construction signs. The following limits apply: I Single-use 1120 s:. ft. Mixed-use 120 s . ft 3.) Garage Sale signs for single-use Multiple Dwellings. 4.) Other temporary signs, banners and inflatables as regulated in Subdivision 10. b. Permanent signs: 1.) Maximum Total Sign Area. a) The maximum total sign area allowed includes the area of all signs as defined by Subdivision W, provided however, window signs are included as sign area, as described in Subdivision 9(J)(3)(B)(9). b)The maximum total sign area allowed is based on use and other factors. Three (3) use categories are established: Single Use Residential, Single Use Non-Residential, and Mixed Uses. The following limits apply: Maximum Total Sign Area 1 s . ft. er dwellin 50 s . ft. Golden Valley City Code Page 14 of 20 Single Use Non- Residential (Includes single use commercial, office, hotel, institutional, and industrial/light industrial uses) Parcel Size or Floor Area o to 1 acre or floor area of o to 15 000 ross s . ft. > 1 to 3 acres or floor area of > 15 to45 000 ross s . ft. >3 to 5 acres or floor area of >45 to 75 000 ross s . ft. >5 acres or floor area of > 75 000 ross s . ft. Mixed Uses Parcel Size or Floor Area o to 1 acre or floor area of o to 15 000 ross s . ft. > 1 to 3 acres or floor area of > 15 to45 000 ross s . ft. >3 to 5 acres or floor area of >45 to 75 000 ross s . ft. 94.20 Maximum Total Si n Area 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict ABC Low Rise - up Mid Rise - up High Rise - up to 3 stories to 6 stories to 10 stories 100 s .ft 120 s .ft 150 s . ft. 120 s . ft. 150 s . ft. 2005 . ft. 200 s . ft. 250 s .ft 300 s . ft. 300 s . ft. 350 s . ft 400 s .ft Maximum Total Si n Area 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict ABC Low Rise - up to 3 stories Mid Rise - up to 6 stories High Rise - up to 10 stories 150 s . ft 180 s . ft 200 s . ft. 200 s . ft. 250 s . ft. 300 s . ft. 250 s . ft. 300 s . ft 400 5 . ft. 350 5 . ft. 400 s . ft 2.) Building Name Signs. If a building is to be named with a sign, the building may only have one (1) name. If placed on a building wall, the wall sign must be placed at one of the following locations: a.) On the ground level. b.) A wall space contiguous to the ground level and architecturally designed for the sign to be placed or to be an acceptable area for the sign. c.) A suitable wall space at the upper level of the building. Golden Valley City Code Page 15 of 20 94.20 d.) An intermediate level between the ground level and the top level provided the wall space is architecturally designed for the sign or found to be an acceptable area for the sign. 3.) Wall Signs. Prohibited location guide. No building name sign, tenant sign, sign advertising a product or service shall be placed a.) Over any portion of a window b.) On or above a roof top c.) On or above a penthouse, a roof top equipment enclosure or similar structure d.) Between the ground level and the uppermost level unless the sign meets the following guide: The sign is located and integrated into a framed wall mass where the ratio of the framed wall space/mass is at least three and one-half (3.5) times larger than the sign area to be located in the framed wall space. The framed wall space must be continuous, that is uninterrupted or unbroken by another wall or similar feature and void of any windows, doors or similar features. 4.) Free Standing Sign. One (1) free standing sign (pylon or monument sign) per lot not to exceed twenty-five (25) feet in height provided the sign is located within four hundred (400) feet of the outside edge of the 1-394 right-of-way. 5.) Multi-tenant Building Signs. Unless the name of the building, a sign for a ground level tenant must be located at the ground level. No upper level tenant shall have a sign on an upper level unless such sign is the name of the building and meets the building name and wall sign requirements. 6.) Projecting Signs. Signs projecting from a wall canopy or awning may be allowed by the city subject to the following: a.) The sign must be located at least eight (8) feet above the walking surface or ground level unless located flat against the building and the projection is less than six (6) inches if the sign is attached to a wall. b.) No part of the projection shall be closer than one (1) foot from the curb line projected vertically. Golden Valley City Code Page 16 of 20 94.20 c.) The property owner may be required to obtain a license from the city or to execute an agreement with the city governing use, maintenance and other factors. 7.) Awning - Canopy sign limits a.) No awning or canopy sign is allowed to extend to a height greater than necessary to cover the door, window or opening it is covering on the first or ground level. No awning or canopy above the first or ground level shall include a sign. b.) No sign on a canopy or awning shall extend into a band along the outside edges of the canopy or awning with the band width equal to at least ten percent (10%) of width along the width dimension and ten percent (10%) along the length dimension. 8.) Window Signs. Window signs on a site redeveloped or a building substantially remodeled after December 31, 2009, shall be charged as sign area. 9.) Sign Setbacks. a.) Free Standing Signs. No portion of an allowed pylon sign or monument sign shall be located within an easement and shall meet the following: Yard Minimum Setback Front Yard 10 feet Side Yard 5 feet Rear Yard 5 feet b.) Canopies, Awnings and Similar Structures. Signs on canopies, awnings or similar structures which overhang or extend into the right-of-way may be allowed through approval of the plan by the City Council. The property owner may be required to obtain a license from the city or to execute an agreement with the city governing its use, maintenance and other factors. 10.) Other Design Requirements in the 1-394 Mixed Use Zoning District. Signs are also required to conform to the following: a.) Sign Quality - see 4.20 Subdivision 8(E) b.) Illumination - see 4.20 Subdivision 8(C) c.) Outdoor Lighting - see Section 11.73 d.) Wall Sign Spacing - see 4.20 Subdivision 8(H)(l) Golden Valley City Code Page 17 of 20 94.20 e.) Temporary Signs, Banners and Inflatables - see 4.20 Subdivision 10 f.) Other application requirements of 4.20 not specifically listed above Subdivision 10. Temporary Signs, Banners and Inflatables The use of temporary signs such as banners, pennants, inflatables (including balloons over eighteen (18) inches in diameter) for advertising temporary sales, business openings, special events, similar activities or used for other purposes are limited to the following: A. Real estate signs are subject to the following requirements: leasing signs must be removed after initial leasing or within three hundred sixty (360) days after a certificate of occupancy is issued if involving a new building or a substantial remodeling. Leasing information integrated into an approved permanent neighborhood identification sign or monument sign and given the same architectural treatment using the same materials and design given to the neighborhood identification or monument sign are not subject to the removal provisions of this section. No real estate or for sale sign shall remain on a property longer than one (1) year unless approved by the Building Official or his or her designee. B. The maximum duration shall not exceed a total of thirty (30) days in anyone (1) calendar year. Each property is limited to three (3) occurrences in one calendar year. C. An approved permit shall be obtained prior to display of a temporary sign. A temporary sign displayed without a permit shall be removed and no new temporary sign shall be allowed nor shall a permit be approved within the next twelve (12) months. Subdivision 11. Design and Construction All signs shall be in compliance with the most currently adopted versions of the Minnesota State Building Code and the National Electric Safety Code. Subdivision 12. Non-Conforming Signs A. General. A non-conforming sign shall not be rebuilt, relocated, altered or modified in size or height, unless it is made fully conforming with this article. B. Removal. Except for changing signs, if a face or message on a nonconforming sign is resurfaced or removed, the entire sign and sign structure must be removed or made to conform with this article. C. Signs with a height greater than twenty-five (25) feet allowed by policy during construction of 1-394 must be removed or made to conform to the current ordinance if either one (1) or both of the following is proposed: Golden Valley City Code Page 18 of 20 94.20 1) a new sign is required on the pylon, or 2) a new sign of one hundred- twenty (120) or more square feet is proposed on the property. Subdivision 13. Maintenance All signs shall be kept in good repair and free from rust, corrosion loose or flaking paint, worn or damaged materials or rotted framework or other members, broken or missing members or missing letters. The premises surrounding all ground signs shall be maintained in a safe, clean, and sanitary condition free and clear of all rubbish and weeds. Subdivision 14. Permit Penalties Any sign constructed or erected without the required permit shall be subject to removal, if necessary, or subject to a double fee if in compliance with all other applicable requirements of this Section. Subdivision 15. Administrative Citations A. Administrative citations. 1. A fine for a violation of any provision of this Section may be assessed through an administrative citation, issued by the City Manager or his/her designee and payable directly to the City. 2. The Council shall establish by resolution the amount of the fine to be assessed for all administrative citations. These fines shall not exceed the maximum penalty for a misdemeanor violation under State law. 3. Payment of any such fine shall not excuse the failure to correct the violation nor shall it bar further enforcement activity by the City. 4. Any fine paid pursuant to this Section shall be refunded if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. 5. Payment for any administrative citation shall be due twenty (20) days after its issuance. B. Content. All administrative citations shall contain the following: 1. The date of the violation; 2. The address or a definite description of the location where the violation occurred; 3. The name, address, and other identifying information for the person being cited; 4. The provisions of this Section violated and a description of the violation; Golden Valley City Code Page 19 of 20 94.20 5. The fine schedule for the violation; 6. A description of how, when, and where the fine must be paid; 7. A brief description of the appeal process; 8. The name and signature .of the citing official. C. Recovery of fine resulting from administrative citation. Property owners shall be notified yearly by U.S. Mail of any outstanding administrative citations and that such citations will be assessed against the property. Thirty (30) days after mailing such letter, the Clerk shall file any outstanding administrative citations as special assessments against each such property which shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state law. D. Failure to pay administrative citation. 1. Failure to pay any administrative citation shall constitute grounds for suspending or revoking any license or permit held by the offenders. 2. Failure to pay an administrative citation shall constitute a separate, additional violation of City Code. E. Appeals. 1. Right of appeal. Any person aggrieved by an administrative citation may appeal the administrative citation to the Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, and must be filed with the Clerk within 10 (ten) business days after service of the administrative citation. The filing fee shall be set by the Council. Failure to file an appeal shall constitute a waiver of rights to contest the administrative citation and the imposition of the fine. 2. Decision. Upon at least five (5) business days notice to the appellant of the time and place for the hearing the appeal, and within thirty (30) days after said appeal is filed, the Council shall hold a hearing thereon, at which the applicant may appear and present evidence as to why the administrative citation, or any portion thereof, should not be issued. The Council may reverse, modify, or affirm, in whole or in part, the administrative citation and shall order return of all or part of the filing fee if the appeal is upheld. The Council may postpone a meeting and hold a hearing at a later date, not to exceed sixty (60) days after the appeal is filed, when it is necessary to do so. Golden Valley City Code Page 20 of 20 alley Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting May 12, 2009 Agenda Item 2. Draft Stormwater Management Ordinance Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Eric Eckman, Public Works Specialist Summary Please find attached the draft Stormwater Management Ordinance for your review. The draft ordinance is an expansion of the existing Grading, Drainage and Erosion Control Ordinance (Section 4.31). The title of the draft ordinance has been changed to better reflect the expanded scope. The existing Grading, Drainage and Erosion Control Ordinance is being expanded to meet the following goals: 1. Better define and clarify the land-disturbing activities which require a permit. 2. Meet the requirements of the Bassett Creek Watershed Management Commission's Second Generation Plan. 3. Meet the requirements of Golden Valley's National Pollution Discharge and Elimination Phase II Federal Permit. The following are the major additions to the existing ordinance with references to pages in the attached clean version of the draft: 1. Expands criteria for "Activities Requiring a Permit." The following are changes or additions to the activities listed in the existing ordinance (see pages 7-8, Subdivision 4): a. The permit threshold for removal of soils is reduced from 10,000 square feet to 4,000 square feet. b. Land-disturbing activities that require a building permit are expanded to include demolitions, swimming pools and retaining walls. c. A permit threshold of 30 cubic yards is proposed for cutting, filling, hauling or storage of material. d. Construction or modification of a parking lot. e. Construction or modification of stormwater BMPs. f. Land-disturbing activities within a floodplain, or adjacent to shoreline and creek banks. 2. Adds a lowest floor elevation or flood proofing requirement for existing and proposed structures located adjacent to wetlands, basins and stormwater management ponds (page 14, Subdivision 5(A). 3. Adds a minimum 25-foot setback requirement for new principal structures proposed to be constructed adjacent to wetlands and stormwater management ponds (page 14, Subdivision 5(8). 4. Adds a minimum 10-foot natural buffer requirement around new and existing wetlands and stormwater ponds for all new development, redevelopment or any building expansion by 10 percent or greater (page 14, Subdivision 5(C). a. Exemptions are included in single family and moderate density residential zoning districts for additions to existing structures and new accessory structures less than 400 square feet. 5. Adds an illegal disposal and illicit discharge component as per NPDES Phase II requirements (page 16, Subdivision 6). 6. Identifies responsibility for private property stormwater drainage and the process for addressing drainage problems (page 17, Subdivision 7). Attachments Section 4.31: Draft Stormwater Ordinance - redline version (25 pages) Section 4.31: Draft Stormwater Ordinance - clean version (17 pages) 94.31 Section 4.31: Crading,Drainagc, and-Erosion GeBtrelStormwater Management Subdivision 1. Council findings, Purpose, and MeaftsStatutorv Authorization and PurDose A. Statutory Authorization. This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 1038 and 462. A-;8. Findings. The City Council finds thelt although there elre scverell permit requirements from velrious elgcncies regulating grading activities, therc arc eI signifieelnt number of projects occurring eelch year thelt elre not r-cquircd to obtelin elny form of permit for Ielnd elltereltion. The City Council recognizes that the City of Colden Vellley, elt the local level, is best suited tocstelblish eI permit system to minimize the significant erosion occurring eelch ycar from these sites. The City of Golden Valley finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources. diminishing the quality of public health. safety. public and private property and natural resources of the community. SOC. Purpose. The purposcof this ordinancc is to reduce erosion elnd sediment deposition to the greatest prelctical extent; reduce sediment deposition into the celteh basin elnd storm sewer system, thus pr-cventing flooding problcms which can delmelgc property; and to limit the amount of sediment dcposition. into lakcs, streams, and. ponds within the City of Colden Valley. The general purpose of this ordinance is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to publiC health. safety. public and private property and natural resources within the community resulting from construction site erosion and post-construction stormwater runoff. G" ~4cans. Thc City intends to implement this ordinance threugh the fallowing means: 1. Rcqulr-c a security deposit at the time of permit application as security that the provisions of the permit will be met. Golden Valley City Code Page 1 of 25 ~ 4.31 ti Est~blish ~ permit system to provide ~ means for monitoring and inspectiAg grading activities. ~ Require design and construction of erosion and sediment control measures to minimize sediment deposition. Subdivision 2. General Provisions and Definitions fAr. Statutory Authorization. The City of Colden Vtllle'f has authorit'; under ~4innesota Sttltutes Chapter 497 to regultlte grading, drtlin~gc tlnderosion control for I~nd disturbing tlctivities. This ordintlnce, ~s '.vell as Chtlpter 103 of ~4innesot~ St~tutestlnd Section 404 of the Federal Cletln'Nater Act,tllso regultltes erosion ~nd sediment control. 'Nhere,in ~ny specific ctlse, differences occur between these ordintlnces the most restrictive shall govern. &- Scope. A grading,drtlinage ~nd erosion control permit shtlll be required for ~ny.and all grading activities meeting the criteria listed within this code. A. Responsibility. Neither the issuance of the grading, drainage and en>sion controla stormwater management permit nor compliance with its conditions or the provisions of this ordinance, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinances. B. Abrogation and Greater Restrictions. It is not the intention of this ordinance to repeal or abrogate any existing grading, drainage and erosion controlafld sediment contr'6l or stormwater management policies or permits issued under pre-existing Section 4.31. which permits shall continue in full force and effect; however, where this section imposes greater restrictions, the provisions of this section shall prevail. C. Compatibility and Compliance with other Regulations. This ordinance is not intended to modify or repeal any other ordinance~ rule, rt~gulation or Qth~r provision of law. The requirements of this ordinance are In addition to the requirements of any other ordinance, rule~ regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those Impos~d by ~ny other ordln~ncE;!~ rule, regul~tion or Qth~r Golden Valley City Code Page 2 of 25 ~ 4.31 provision of law. whichever provision is more restrictive or imposes higher protective standards shall control. D. Application to all Water Entering System. This ordinance shall apply to all water entering the City's stormwater management system from any land within the City. G-;-E. Responsibility for Administration and Waivers. The Administrator shall administer. implement. and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Administrator by this ordinance may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any submittal or administrative requirement that will not adversely affect achievement of the purpose. goals and performance standards of this ordinance. fhF. Definitions. fTerms not defined in this section shall have the meaning customarily assigned to them as a matter of general usage.~ For the purposes of this section. the words "must" and "shall" are mandatory and not permissive. 1. Administrator: The individual responsible for overseeing the requirements of the City Code for purposes of thise section of this codel1 the administrator shall be the City Engineer or his/her designee. ~Alteration: Any change or modification of land, water, vegetation or existing structures. 3. Applicant: A permittee. or any person or entity that applies for any permit for a project that includes a land disturbing activity. Applicant also means that person's agents. employees. and others acting underthat person's direction. 204. Bassett Creek Watershed Manavement Commission or BCWMC: The watershed management organization established by a joint powers agreement between nine member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the 40 square mile Bassett Creek watershed. Most of the City of Golden Valley Is located within the Bassett Creek watershed. 3.~Best Management Practices ALtBMPs~: ~~caRs cfrosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, Golden Valley City Code Page 3 of 25 ~ 4.31 minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 19892000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council 2001. State of Minnesota Storm water Manual. MPCA 2005, aM Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992 ~s a reference for B~~Ps, and Erosion Control HandbookDcsigR MaRt/a:, Minnesota Department of Transportation, ct ai, -1-9932002. Barrow: Earth m~tcri~1 ~cquircd from on off site location for use in grading on a site. 4;-6. Calculated high water level: The oeak elevation calculated for a 100-year precipitation or snowmelt runoff event. SoL-Development: The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land pursuant to the City Code. &-~Earth Material: Any rock, natural soil or fill or combination thereof. 7o~Erosion: The wearing away of soil by rainfall, surface water runoff, wind, or ice movement. &-10. Erosion Control: Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. l1.Final Stabilization: The installationestablishment of permanent cover on the entire site. 9.12. Floodplain:Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a regional flood. 1-9.13. Grade: The vertical location of the ground surface. 1-1.14. Grading: Any land disturbance or landfill, or combination thereof. Golden Valley City Code Page 4 of 25 ~ 4.31 12. CradiA" Draina,~ and Erosion Controll"lan (also known as Cradin, Plan); A set of best management prnctices or equivalcnt measuresdcsigncd to control surfacc runoff and erosion and to retain sediment ona particular site during the period in which pre construction and construction rclated land disturbances, fills and soil storage occur, and after all other planned structures and permanent improvements ha';e been erected or iFlstalled. 15. Illicit Connections: An illicit connection is defined as either of the following: a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyance which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency: or b. Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system~ which has not been documented in plans~ maps, or equivalent records and approved by an authorized enforcement agency. 16. Land Disturbancef ..m:...Land-Disturbing Activities: Any moving or r'Cmo\'ing by manual or mechanical means of the soil mantle or top six (6) inches of soil, whichever is more shallow including, but not limited to, cxcavatioFls. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a disturbance. that results in a change in topography, or disturbance of the existing soil cover (both vegetative and non-vegetative). Land-disturbing activities incl4de clearing and grubbing~ grading, excavating, tl"ansportingearth material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Subdivision 4. A. are not considered land-disturbing activities. 17. Minnehaha Creek Watershed District or MCWD: The MCWD Issues permits for erosion control and stormwater man~gJ!ment facilities In a small area of the City south of Interstate 394 and east of Highway 100. Golden Valley City Code Page 5 of 25 ~ 4.31 -13;18. National Pollutant Discharge Elimination System or NPDES program: The program for issuing. modifying. revoking. reissuing. terminating. monitoring. and enforcing permits under the Clean Water Act. Sections 301.318. 402. and 405 and United States Code of Federal Regulations Title 33. Sections 1317. 1328. 1342. and 1345. -14.19. Owner: Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken. ~20. Permanent Cover: Final stabilization. Examples include grass, native vegetation. gr~vellandscape rock. mulch, asphalt, and concrete. -1&21. Permit: An official document or certificate issued by the City of Golden Valley Enginecr authorizing performance of a specified activity. 22. Permittee: An applicant or any A-person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. -1+023. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota. and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100)-year recurrence interval. -1&-24. Sediment: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been. moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. 19.25. Sediment Control: Methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. ~26. Site: A parcel or parcels of real property owned by one or more than one (1) person, which is being or is capable of being developed as a single project. ~27. Soil: The unconsolidated mineral and organic mineral material on the immediate surface of the earth. Golden Valley City Code Page 6 of 25 S 4.31 -2-2.28. Stabilized: The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents erosion from occurring. Crass seed is notstabiliz<ltion.Ground surface which has been seeded is not stabilized. 29. Storm-Wwater: The pErecipitation runoff, storm-water runoff, snowmelt runoff, and any other surface runoff and drainage. Storm-water does not include construction site dewatering and sump discharge. 30. Stormwater Management Plan. A plan which describes how stormwater runoff and associated water quantity and water quality impacts resulting from the proposed development project will be controlled and managed. The plan must show the location and type of management practices or equivalent measures designed to control. surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related land disturbances. fills and soil storage occur. and after all other planned structures and permanent improvements have been erected or installed. Unless waived by the Administrator. the plan must be signed by a licensed professional.engineer ("PElf) or landscape architect. who will verify that the design of all stormwater management practices meets the requirements of the City's Surface Water Management Plan ("SWMpIf). the requirements of this ordinance. and the requirements of the appropriate watershed management organization. 31. Stormwater Management System: The combined public and private systems of collecting. conveying. storing and treating stormwater runoff. The system includes a wide variety of components including. but not limited to. streets. curbs. gutters. ponds. catch basins. pipes. natural and constructed drainageways. infiltration basins. lakes and creeks. 32. Stormwater PollutiQn Prevention Plan or SWPPP: A plan for storm water discharge that includes erosion prevention measures and sediment controls that. when implemented. will decrease soil erosion on a parcel of land and decrease off site non point pollution. 33. Sump Discharge: Water that has been filtered through the ground or soil layers resulting in clear water. Sump discharge is not considered stormwater. Bo-34. Surface Waters: All streams. lakes. ponds. marshes. wetlands. reservoirs,. springs. rivers. drainage systems. w~terways, and watercours~s. whether natl.lral or artificial. public or private. Golden Valley City Code Page 7 of 25 ~ 4.31 35. Temporary Erosion Protection: Methods employed to prevent erosion before final stabilization. Examples include; erosion netting, wood fiber blanket, wood chips and silt fence. 24.36. Wetlands: Wetlands are defined in Minn. R. 7055.0130, Subp. F and includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Subdivision 3. Crading, Drainage and. Erasion Control Per....itsPermit Authoritv for Land-Disturbina Activities A. City of Golden Valley . The City of Golden Valley is the permitting authority for land disturbing activities within the boundaries of the BCWMC and the MCWD. The City may issue aStormwater Management Permit approving land disturbing activities in these areas. B. Bassett Creek Watershed Management Commission (BCWMC). Although the BCWMC is not a permitting authority, it has the authority to review and approve projects listed hi the document "Requirements for Improvements and Development Proposals." Such projects must comply with. BCWMC guidelinesr policies, standards and requirements. The. BCWMC will review the applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. C. Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting authority for land disturbing activities in excess of five thousand square feet (5,000 sq ft) within the MCWD boundaries. Where required, the MC;:WD permit is in addition to a permit required by the City of Golden Valley. D. Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for construction. activity,. including the requirements for developing and implementing a SWPPP. Where required, the NPDES permitis in addition to permits required by the City of Golden Valley and the MCWD. IJ.d)divi5ion 4~ City of G91den Valley Stormwate.. Managem,nt P~..mit Pr. CCfu:riJl. Golden Valley City Code Page 8 of 25 ~ 4.31 h Except uS provided in subdi'/ision 3(c), no gruding or development of any kind sholl be ollowedwithout first hoving applied for and been grunted 0 grading, droinogc and erosion control permit from the City. b The grunting of 0 grading, drainoge and erosion control permit docs not abrogate the opplicant's need to obtain permits required by other local, stote or federal agencies. ~ The applicant shall provide the City with a non refundoble application fee os outlined in the fee resolution to cover the cost of administration and inspection. In addition, if the estimoted costs of construction exceed five thousand dollars ($5,000), the applicant may be required to post odditionol securities to ensure the provisions of the permit arc met. &A. Activities Requiring a City of Golden Valley Stormwater Management Permit. Except as otherwise provided in this section, no person. may grade, fill, excavate, store or dispose of soil or eorth moterials or perform any other land disturbing or land filling acti'/it; including, but not limited to, lot preparation ossociated '/lith new home construction without first obtaining a permit from the City. The following activities shall require a grading, drainage and erosion control permit. 1. Land-disturbing activities which remove soils or vegetation. including but not limited to clearing. digging. dredging. draining or filling. Any of the following activities shall require a StormwaterManagement Permit: a. Any hland disturbing activities which remove soils or vegetation in excess of tEffifour thousand square feet, (1G4,OOO sq. ft), including but not limited to clearing, digging, dredging, draining or filling. b. Any activity requiring a building permit that would involve installation, demolition. modification or expansion of a building foundation wall". including swimming pools and retaining walls. c. Any land disturbing activities within City right-of-way that have a duration greater than seventy-two U2l.hours. d. Cutting, filling. eQisposal. hauling in. or storage of more than 30 c;ubic yards of borr"6w material. LInstallation of underground utilities including sanitary sewer, water, storm sewer. gas, electric. cable. fiber optic and telephone. Golden Valley City Code Page 9 of 25 9 4.31 f. Construction, reclamation, expansion, removal or modification of a parking lot. g. Construction, expansion or modification of a stormwater quality treatment facility or stormwater BMPs. e;-h. Any land disturbing activities within the 100-year floodplain or calculated high water level of any water body, or immediately adjacent to any wetland or public water body, including shoreline restoration and, creek bank stabilization. , i. Those activities required to meet "Levell standards" and "Nondegradation standards" of the BCWMC as set forth in the current version of BCWMC's Requirements for Improvements and Development Proposals as amended from time to time. b..Acti'/ities/Exceptions Not Requiring a Permit. The following activities may be undertaken without a Stormwater ManagementCrading, Drainage and Erosion Co fltr'O I Permit: a. Maintenance of existing yards. b. Emergency work to preserve life or property. €oB. Application Submittal Requirementsfor Permit. Each City of Golden Valley Storm water Management Permit application shall. include the following items unless waived by the Administrator. Two sets of plans and supporting documentation and one electronic copy of the plans and supporting documentation shall be submitted with each application.Aflfllicatiofls for grading, draiflage and er-osion control permits shall be made by thcavmer(s) or permittee of the property and shall be submitted to the Public 'Narks Department. All applications shall be accomflanied by the city form applicatiofl fee and shall iflclude the following inf-ormation except to extent waived b't the Administrator: 1. Completed application forms and fees required by the City and BCWMC. 2. Provision made for financial securities as required in Subdivision 4(F). 3. Copies of permits or permit applications required by other jurisdictions. Golden Valley City Code Page 10 of 25 ~ 4.31 4. Existing site conditions on a certified survey. prepared to City standards and including existing topography. easements. vegetation and drainage. -1.5. Stormwater Management Cr~ding, DruinuQe und Erosion Control Plan and Narrative. Plans prepared to City standards including :A nurrutive und el mupor ~ series of maps or druwings prepe.red to City stundurds, thut contuin inform~tion expluined in the nurre.tive including: a. Project description - The nature and purpose of the land-disturbing activity and the amount of grading involved. b. Phasing of construction - The proposed stages of grading, utilities, and building construction. e; Existing. site conditions Existing topogre.ph'(, yegete.tion und druinage. e.c. Adjacent areas - A minimum of one hundred (100) feet beyond the project site boundaries including neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land-disturbing activity. e.d. Erosion and sediment control measures - Methods to be used to control erosion and sedimentation on the site, both during and after the construction process. ~e. Permanent coverstabilization - How the site will be stabilized after construction is completed, including specifications. ~ Stormwe.ter manugement How storm runoff will be managed, including methods to be used if the dC'Jelopment VJiII result in increased peak rates of runoff. LMaintenance - Schedule of regular inspections and repair of erosion and sediment control structures. flog. A narrative describing the nature an~ purpose of the land- disturbing activities~ the amount of grading involved and other project information describing activities on thf;! abQve identifi~d maps. i-. Calculations Engineering calculatians that were made for the design of such items as sediment basins, diversions, water:/ays, storm water Golden Valley City Code Page 11 of 25 94.31 man~gement systems, w~ter qu~lity features and other ~pplieable pr~ctices. ~. Grading, Dr~in~ge and Erosion Control Plan prepared according to City Standards. 3-; Certificate of Survey. Prepared in ~eeordance with City specifications, where required. 4;-~Soil Engineering Report, where required. 5-:-L....-Engineering Geology Report, where required. LWork schedule, where required 9. Tree Preservation Plan. 10.A Wetland Buffer and Planting Plan. 11.Construction plans and specifications for all proposed permanent stormwater management facilities. 12.AII hydrologic. hydraulic. and other computations necessary to design the proposed stormwater management facilities. 6.13. All exhibits required by BCWMC. 7014. Any supplementary material required by the Administrator. &- Tr'Ce Pr'Csen:ation plan, if r'CquiR:d. 9.15. Estimate of costs necessary to perform allexecute the $tormwater Management PlanGradiAg, Drainage and Erasion. Control measures. 5ulsdivisiora4. Per....it fccs arad Securities Pr. Fees for permits shall be determined by the CouAcil .and fixed by. a R:solution, a copy of '.\'hich shall be in the office of the City ~4anager and uniforml.,. enfor'Ced. 8.. The applicant shall provide security f-or the performance of the work described and delineated in the Grading Plan iA an amount to be determined by the fee r'Csolution but not less than one hUAdrcd and fift.,. per'Ccnt (1500/0) Golden Valley City Code Page 12 of 25 ~ 4.31 of the approved estimated cost of performing 011 work related togr~ding, dr;:lin;:lge and erosion control measures. &- Security deposited. with the City for faithful performaRce of the gr;:lding and erosion control work and to finance neceSS;:lry remedial work shall be released one (1) '(car after final inspection has been approved by the Administr;:ltor, provided no ;:lction against such security h;:lS been filed prior to th;:lt d;:lte. The city reserves the right to retain ;:lllor 0 percentage of the security for ;:l warranty period ;:It the discretion of the Administrator. The form of the security sh;:lll be one or ;:l combin;:ltion of the following to be determined by the Administrator: h bond or bondsissl:Jed by one or more corporate sureties duly authorized to do business in the State of ~4innesota. The form of the bond or bonds sholl be subject to the approval of the City Attorney; ti deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of monc:'f, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financiell institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds ore on deposit and guaranteed for payment; or cash in U.S. currency. Subdivision 5. Dccisioft on B PerMit The Administrator shall mview all doeumentssubmittcd pursuant to tnis.seetion to determine compliance with the terms hereof. Additional data, clarification of any submitted. data or correction of any defective submission may be requested within sixt). (60) working days after the date of submission. C. Application Review Process and Permit Approval. 1. Pre~Review. The Administrator shall make a determination regarding the completeness of a permit application within fifteen (15) business days of the receipt of the application and notify the applicant If the application is not complete. Incomplete applications will not be considered andAft application that is deemed by the city to be incemplete shall result in automatic denial of the permit. 2. Permit ReView and Decision. Both the City and the appropriate watershed management organizations review permit applications. The Administrator shall notify the applicant of permit approval or denial within Sixty (60) days of receipt of a complete application. Golden Valley City Code Page 13 of 25 ~ 4.31 3. Permit Approval. Upon approval of the application.+the Administrator shall issue a permit... upon approval of the Grading, Drainage and Erosion CORtrol Application and, whcrc required, a deposit of appropriate. security and payment of fees. 4. Permit Denial. If the Administrator determines that the application does not meet the requirements of this ordinance. the application will be denied. All land use and building permits shall be suspended until the applicant has an approved permit. &5. Plan Modifications. The applicant must amend any submitted plans as necessary to include additional requirements. such as additional or modified BMPs designed to correct problems identified. or to address situations whenever: a. There is a change in design. construction( operation. maintenance. weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface or ground waters. b. Inspections or investigations by site operators. local. state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to. surface.or ground waters or that the discharges are not meeting water quality standards: or c. The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity. Stdscti,...isioft.6. Permit Dtlratioft 6. Permit Duration. Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee shall commence permitted activities within sixty (60) days of the issuance of the permit for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The permit will expire or terminate when: ir. A certificate ofoccupane'( has been Issued; or Golden Valley City Code Page 14 of 25 ~ 4.31 e.a. or The site has been stabilized and approved by the Administrator; ~b. There has been one hundred eighty (180) days of inactivity. D. Performance Standards. LAII grading material and soil however placed on a grading site shall remain within the limits of the grading site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. 2. Projects disturbing an area of 10.000 square feet or more shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. 1.3. Projects required to meet "Levell standards" and "Nondegradation standards" of the Bassett Creek Watershed Management Commission (BCWMC) shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. Subcth.-isian 7. Im.,lementatian of Permits Permittee's Duties The permittee shall comply with all other pr-o....isions of this section including, but not limited to, the requirements of the following subdivisions. 9oE. F;- Applicant Responsibilities. 1. Inspections. The Applicant is responsible for regular inspections and record keeping needed to document compliance with the permit requirements. The City may conduct inspections as needed to ensure that both erosion and sediment control and stormwater measures are properly installed and maintained prior to construction. during construction. and at the completion of the project. Unless this r't:quirement is wai.'ed by the Administrator, tIhe Applicantpermittcc shall notify the City a minimum of seventy-two (72) hours prior to the following required .c1.tY-inspection~: a. Initial Inspection - when all erosion and sediment control BMPs are installed. This inspection must be completed before a building permit can be issued. b. Project Complete Inspection - when the prQject is complete including, but not limited to, final grading. installation of all stormwat~r Golden Valley City Code Page 15 of 25 ~ 4.31 management facilities, and final stabilization measures are complete. One-year warranty begins after inspector approves project. ih-c. Warranty Inspection - completed one year later to confirm that permanent site stabilization methods have been successful and vegetation, has been established. lh the installation of all tcmporary protcction ;)nd B~4P's bcforcan'f other work can continuc; e" rcadincss of the sitc for fin;)1 inspection including, but not limited to, finished grading, installation of dr;)inagc dcviccs and final stabilization measures. 2. Reporting. The Applicant pcrmittee shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if ncccssary and appropriate, with such reports..;. unlcss thc rccommendation requircmcnt is waived by the Administrator. a. There are delays of more than seven (7) days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management PlanCrading Plan as scheduled. b. There are delays of seven (7) days in land disturbing or filling activities or soil storage. c. The work is not being done in conformance with the approved Crading Drilinage and Erosion Control Plan plans and permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. 3. Right of Entry. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter the construction site. The applicant shall allow the City and its. authorized representatives, to :Thc permittee shall cause all grading matcrial and soil howevcr"laced on a grading site to remain within the limits of the grading sitc and not travel ontoadjaeent property, streets, or ather "ublie or "rivatc "ro"etty as dust, mud, chunks, or otherwise, unless a""ro'icd by all affected adjacent flro"ctty owners and the Administtator. i;l. Enter the permitted site for the purpose of obtaining information, examlnlngr~eords, c;:onductlng Investigations or surveys: Golden Valley City Code Page 16 of 25 ~ 4.31 b. Bring such equipment on the site as is necessary to conduct such surveys and investigations; c. Examine and copy any books. papers. or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; d. Inspect the stormwater pollution control measures; e. Sample and monitor any items or activities pertaining to stormwater pollution control measures: a.f. Correct deficiencies in storm water and erosion and sediment control measures. The permittee sh~1I ~t all times provide access to the site for inspection by the Administrator. F. Financial Security. 1. Amount and Type. The applicant shall provide security for the performance of the work described and delineated in the approved permit in an amount not less than one hundred and fifty percent (150%) of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a. Bond or bonds issued by one or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond .or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator. of money. negotiable bonds of the kind approved for securing deposits of public monies. or other instrument of credit from one or more financial. institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds ar~ on deposit and guaranteed for payment; or c. Cash in U.S. currency. Golden Valley City Code Page 17 of 25 ~ 4.31 h2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one (1) year after final inspection has been approved by the Administrator. provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. ~3. Reduction of Security. The applicant may have the option to reduce the security one time within the first twelve (12) months of the issuance of the Permit. and thereafter. one time within any twelve (12) month period. which period shall commence on the anniversary date of the issuance of the permit and shall end on the day preceding the anniversary date of the issuance of the permit. G. Enforcement Actions to Ensure Compliance. 1. Orders. The Administrator may issue an order to modify the approved permit and stipulate a time frame for compliance per Subdivision 4.C.5. The applicant shall comply with said order. 2. Permit Suspension. The Administrator shall suspend the permitand issue a stop work order if the Administrator determines that the permit was issued in error. the applicant supplied incorrect information~ or the applicant is in violation of any provision of the approved plans. the permit. or this ordinance. The Administrator shall reinstate a suspended permit upon the applicant's correction of the cause of the suspension. 3. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building permit if requested by the Administrator. 4. Permit Revocation. If the applicant fails or refuses to cease work as required. the Administrator shall revoke the permit and the applicant shall be subject to enforcement, penalties. and loss of its financial security in accordance with terms of Subdivision 4.G.6.of this Ordinance. The Administrator shall not reinstate a revoked permit. 5. Remedial Corrective Action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project site or adjacent sites affected by project failure or to Implement actions speCIfied In an order to modify plans ~ndpermlt. Golden Valley City Code Page 18 of 25 ~ 4.31 The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within thirty (30) days, payment will be made from the applicant's financial security or, in the case where no permit was issued, payment will be assessed against the property. 6. Action Against Financial Security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs including, but not limited to, staff time and. attorney's fees. a. The applicant ceases land-disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan. b. The applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her permit revoked under this Code. c. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before final stabilization is implemented for the site or portions of the site, whichever is later. d. The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the site e. The applicant fails to establish wetland buffers as described in the stormwater permit. 7. Misdemeanor Violation. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. hS. Cumulative Enforcement. The procedures for enforcement of a permit, as set forth in this ordinance, are cumulative and not exclusive. Stlbdivisioft 8. Stlsl'cftsioft or Reyoeatioft of PerMit Except as othervJisc provided within this code, the following procedures will go,+'ern suspension or r-cvocation of a. permit. Golden Valley City Code Page 19 of 25 94.31 k The Administr~tor sh~1I suspend the permit and issue a stop work order, and permittee shall cease all work on the Vlork site when: h The Administr~tor determines th~t the permit was issued in error or on the basis of incorrect information supplied, or in viol~tion of any ordinance or regul~tion or the provisions of this ordinance; ti The permittee fails to submit reports when required under this code; 3-;. Inspection by the Administrator re',,'eals that the work or the work site: a. is not in eompli~nce with the conditions of this code; or b. is not in conformity '/.lith the ~pproved Drainage and Erosion Control Plan, or Certificate of Survey; or c. is not in compliance with an order to modify the erosion control measures required pursuant to this code; or 4-; The permittee fails to comply with an order to modify erosion control measures within the time limits imposed by the Administrator. &;, The City Building Official may issue ~ stop work order for a rdated building permit if requested by the Administr~tor. ~ If permittee fails Of f'Cfuses to cease work as required, the Administrator or Building Official shall revoke the permit and the permittee shall be subject to enforcement, penalties and loss of its security in accordance v;ith terms of Subd. 9 of this section. t:h The Administrator shall r'Cinstate a suspended permit upon permittee's correction of the cause of the suspension. Eo- The Administrator shall not r'Cinstate a re'iokedpermit. Stll,division 9. Enforcement And Penalties k Violation. Any '1iolatian of the provisions af this ordinance ar failuf(: to camply with any of its requirements shall constitute a misdcmeanar. S. Action Against. Financial Security. In any of the following cir<:umstances the city shall use funds from the financial security to finance remedial work undertaken later by the City or a private contFactof under cantract to the Golden Valley City Code Page 20 of 25 94.31 City, and to reimburse the City for all direct costs including, but not limited to, st~ff time and ~ttorne't"sfees. The circumstances ~re: h The permittee ce~ses land disturbing ~cti'lities ~nd/or filling site prior to completion of the Grading Plan. ~ The permittee fails to conform to the Gr~ding, Drain~ge and Erosion Control Plan as appro'led or as modified under this Code, and has had his/her permit revoked under this Code. ~ The techniGJues utilized under the Gr~ding, Drainage and Erosion Control PI~n f~i1 within one (1) ye~r of installation, or before final stabilization is implemented forthe site or portions of the site, whichever is later. 4;-. The Administrator determines th;)t action by the City is necessary to prevent excessive. erosion from occurring on.the site. G-. Reduction of Security. The permittee may have the option to reduce the security one time within each permitted year. Go Cumulative Enforcement. The procedures for enforcement of a permit, as set forth in this ordinance, ;)re cumulative and not cxclusivc. SaUFCC: Ordinance ^~. 198, ~ Series Effective Date: 5 13 99 Subdivision 5. General Performance Standards A. Lowest Floor Elevation. The lowest floor elevation of all new principal and accessory structures. and additions to existing structures. shall be at least two feet above the calculated high water level of adjacent wetlands. basins and stormwater management facilities. or be structurally flood proofed in accordance with Section 11.60 of the City Code. Calculated high water levels shall be determined by the City based on the relevant federal. state. BCWMC. and City studies. B. Setbacks.. New principal structures shall be setback 25 feet from a delineated wetland edge or the top of bank of a stormwater management facility. C. Buffers. New development. redevelopment.. or any building expanslon.by ten percent or gre~ter In any zoning district shall create or restore buffers around any wetlands or stormwater facilities that exist on the property on which any permitted project Is located. Golden Valley City Code Page 21 of 25 ~ 4.31 1. Exemptions to the buffer requirement include: a. Additions to existing principal structures in single family or moderate density residential zoning districts. b. New accessory structures being less than 400 square feet in single family or moderate density residential zoning districts. h2. The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify standards depending on each project site and goals for the wetland. a. Buffer strips shall be a minimum of ten (10) feet in width beginning at the delineated wetland edge or top of bank of the stormwater management facility. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor. not to exceed twenty (20) feet in width or twenty (20) percent of the buffer edge. whichever is less. is permitted. c. Accessory structures intended to provide access to wetlands such as stairways and docks are permitted in the access corridor. d. The buffer shall be placed in a conservation easement dedicated to the City and recorded with Hennepin County. e. Monuments identifying the conservation easement. designed in accordance with City standards. shall be placed every 100 feet to delineate the buffer edge and at Intersections with property lines. f. Buffer strip vegetation shall be appropriate to the goals for the water body. Where acceptable. natural vegetation exists In buffer strip areas. the retention of such vegetation In an undisturbed state is preferred. The Minnesota PCA's manual "Plants for St9rmwater Design: Species Selection for the Upper Midwest" provides guidance on buffer plant selection. D. Maintenance of Private Stormwater Facilities. Golden Valley City Code Page 22 of25 94.31 1. No private stormwater facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All private stormwater facilities shall be inspected annually, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. 2. Owners of private stormwater facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the stormwater facilities. Subdivision 6. Stormwater and Urban Runoff Pollution Control A. Illegal Disposal. 1. Discarded Materials. No person shall throw r depositr place, leave, maintain, or keep or permit to be thrown, placed. left, maintained or kept, any refuse. rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk. storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers. recycling bags, or other lawfully established waste disposal facility. 2. Landscape Debris. No person shall dispose of leavesr dirt, or other landscape debris into a street, road. alleYr catch basin, culvert, curb, gutterr inlet, ditch, natural watercourse, flood control channel. canal, storm drain or any fabricated natural conveyance. B. Illegal Disch?lrges and Illicit Connections. No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge: 1. consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA:or 2. is associated with fire fighting activities. No person sh?lll use an iIilclt c;:onnectlon to Int~ntlonally convey non-stormw~t~r to the City stormwater. system. C. Good Housekeeping Provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements: Golden Valley City Code Page 23 of 25 ~ 4.31 1. Chemical or Septic Waste. No person shall leave. deposit. discharge. dump. or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain systems may occur. This section shall. apply to both actual and potential discharges. For swimming pools. water should be allowed to sit for seven (7) days to allow for chlorine to evaporate before discharge to the sanitary sewer system. If fungicides have been used. water must be tested and approved for discharge to the waste water treatment plant. 2. Runoff Minimized. Runoff of water from residential property shall be minimized to the maximum extent practicable. . Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City's Code. 3. Storage of Materials. Machinery. and Equipment. Materials or equipment shall be stored to limit risk of contamination by runoff. a. Objects. such as motor vehicle parts. containing grease. oil or other hazardous substances. and unsealed receptacles containing hazardous materials. shall not be stored in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks. spills. or discharges D. Removal of Debris and Residue. 1. All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris ~nd residue shall be collected and disposed of in accordance with law . 2. Fuel.and chemical residue or other types of potentially harmful material. such as animal waste. garbage or batteries. which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal site and shall not be placed in a trash container. Golden Valley City Code Page 24 of 25 ~ 4.31 Subdivision 7. ResDonsibilitv for Stormwater Drainage on Private Propertv A. Responsibility. Property owners are responsible for storm water drainage on private property. The City assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer system. B. Technical Assistance. Upon written request. the. City may provide technical assistance to investigate or correct a drainage problem on private property. C. Petition. Property owners may petition the City for public improvements to correct a drainage problem on private property. A.D. Costs. Property owners are responsible for paying all costs associated with correcting drainage problems including City staff time. consultant costs. legal fees. and design and construction costs. &-E. Assessment. Project costs will be assessed to each property contributing flow to the problem area in accordance with Minn. Statute 429 and pursuant to the City's Assessment policy. Golden Valley City Code Page 25 of 25 94.31 Section 4.31: Stormwater Management Subdivision 1. Statutory Authorization and Purpose A. Statutory Authorization. This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462. B. Findings. The City of Golden Valley finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community. C. Purpose. The general purpose of this ordinance is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction site erosion and post-construction stormwater runoff. Subdivision 2. General Provisions and Definitions A. Responsibility. Neither the issuance of a stormwater management permit nor compliance with its conditions or the provisions of this ordinance, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinances. B. Abrogation and Greater Restrictions. It is not the intention of this ordinance to repeal or abrogate any existing grading, drainage and erosion control or stormwater management policies or permits issued under pre-existing Section 4.31, which permits shall continue in full force and effect; however, where this section imposes greater restrictions, the provisions of this section shall prevail. C. Compatibility and Compliance with other Regulations. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of Golden Valley City Code Page 1 of 17 94.31 law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. D. Application to all Water Entering System. This ordinance shall apply to all water entering the City's stormwater management system from any land within the City. E. Responsibility for Administration and Waivers. The Administrator shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Administrator by this ordinance may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this ordinance. F. Definitions. Terms not defined in this section shall have the meaning customarily assigned to them as a matter of general usage. For the purposes of this section, the words "must" and "shall" are mandatory and not permissive. 1. Administrator: The individual responsible for overseeing the requirements of the City Code for purposes of this section of this code; the administrator shall be the City Engineer or his/her designee. 2. Alteration: Any change or modification of land, water, vegetation or existing structures. 3. Applicant: A permittee, or any person or entity that applies for any permit for a project that includes a land disturbing activity. Applicant also means that person's agents, employees, and others acting under that person's direction. 4. Bassett Creek Watershed Management Commission or BCWMC: The watershed management organization established by a joint powers agreement between nine member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the 40 square mile Bassett Creek watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed. 5. Best Management Practices or BMPs: Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Golden Valley City Code Page 2 of 17 94.31 Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council 2001, State of Minnesota Stormwater Manual, MPCA 2005, Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992, and Erosion Control Handbook, Minnesota Department of Transportation2002. 6. Calculated high water level: The peak elevation calculated for a 100- year precipitation or snowmelt runoff event. 7. Development: The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land pursuant to the City Code. 8. Earth Material: Any rock, natural soil or fill or combination thereof. 9. Erosion: The wearing away of soil by rainfall, surface water runoff, wind, or ice movement. 10.Erosion Control: Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. l1.Final Stabilization: The establishment of permanent cover on the entire site. 12.Floodplain: Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a regional flood. 13. Grade: The vertical location of the ground surface. 14. Grading: Any land disturbance or landfill, or combination thereof. 15. Illicit Connections: An illicit connection is defined as either of the following: a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyance which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or Golden Valley City Code Page 3 of 17 94.31 b. Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 16. Land Disturbance or Land-Disturbing Activities: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing soil cover (both vegetative and non- vegetative). Land-disturbing activities include clearing and grubbing, grading, excavating, transporting earth material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Subdivision 4. A. are not considered land-disturbing activities. 17. Minnehaha Creek Watershed District or MCWD: The MCWD issues permits for erosion control and stormwater management facilities in a small area of the City south of Interstate 394 and east of Highway 100. 18. National Pollutant Discharge Elimination System or NPDES program: The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301,318, 402, and 405 and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. 19. Owner: Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken. 20. Permanent Cover: Final stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt, and concrete. 21. Permit: An official document or certificate issued by the City of Golden Valley authorizing performance of a specified activity. 22. Permittee: An applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. 23. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100)-year recurrence interval. 24. Sediment: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been Golden Valley City Code Page 4 of 17 94.31 moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. 25. Sediment Control: Methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 26. Site: A parcel or parcels of real property owned by one or more than one (1) person, which is being or is capable of being developed as a single project. 27. Soil: The unconsolidated mineral and organic mineral material on the immediate surface of the earth. 28. Stabilized: The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents erosion from occurring. Ground surface which has been seeded is not stabilized. 29. Stormwater: Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include construction site dewatering and sump discharge. 30. Stormwater Management Plan. A plan which describes how stormwater runoff and associated water quantity and water quality impacts resulting from the proposed development project will be controlled and managed. The plan must show the location and type of management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related land disturbances, fills and soil storage occur, and after all other planned structures and permanent improvements have been erected or installed. Unless waived by the Administrator, the plan must be signed by a licensed professional engineer ("PE") or landscape architect, who will verify that the design of all stormwater management practices meets the requirements of the City's Surface Water Management Plan ("SWMP"), the requirements of this ordinance, and the requirements of the appropriate watershed management organization. 31. Stormwater Management System: The combined public and private systems of collecting, conveying, storing and treating stormwater runoff. The system includes a wide variety of components including, but not limited to, streets, curbs, gutters, ponds, catch basins, pipes, natural and constructed drainageways, infiltration basins, lakes and creeks. Golden Valley City Code Page 5 of 17 S 4.31 32. Stormwater Pollution Prevention Plan or SWPPP: A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off site nonpoint pollution. 33. Sump Discharge: Water that has been filtered through the ground or soil layers resulting in clear water. Sump discharge is not considered stormwater. 34. Surface Waters: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, and watercourses, whether natural or artificial, public or private. 35. Temporary Erosion Protection: Methods employed to prevent erosion before final stabilization. Examples include; erosion netting, wood fiber blanket, wood chips and silt fence. 36. Wetlands: Wetlands are defined in Minn. R. 7055.0130, Subp. F and includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Subdivision 3. Permit Authority for Land-Disturbing Activities A. City of Golden Valley. The City of Golden Valley is the permitting authority for land disturbing activities within the boundaries of the BCWMC and the MCWD. The City may issue a Stormwater Management Permit approving land disturbing activities in these areas. B. Bassett Creek Watershed Management Commission (BCWMC). Although the BCWMC is not a permitting authority, it has the authority to review and approve projects listed in the document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. C. Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting authority for land disturbing activities in excess of five thousand square feet (5,000 sq ft) within the MCWD boundaries. Where required, the MCWD permit is in addition to a permit required by the City of Golden Valley. D. Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for Golden Valley City Code Page 6 of 17 94.31 construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES permit is in addition to permits required by the City of Golden Valley and the MCWD. Subdivision 4. City of Golden Valley Stormwater Management Permit A. Activities Requiring a City of Golden Valley Stormwater Management Permit. 1. Land-disturbing activities which remove soils or vegetation, including but not limited to clearing, digging, dredging, draining or filling. Any of the following activities shall require a Stormwater Management Permit: a. Any land disturbing activities which remove soils or vegetation in excess of four thousand square feet (4,000 sq. ft). b. Any activity requiring a building permit that would involve installation, demolition, modification or expansion of a building foundation wall, including swimming pools and retaining walls. c. Any land disturbing activities within City right-of-way that have a duration greater than seventy-two (72) hours. d. Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of material. e. Installation of underground utilities including sanitary sewer, water, storm sewer, gas, electric, cable, fiber optic and telephone. f. Construction, reclamation, expansion, removal or modification of a parking lot. g. Construction, expansion or modification of a stormwater quality treatment facility or stormwater BMPs. h. Any land disturbing activities within the 100-year floodplain or calculated high water level of any water body, or immediately adjacent to any wetland or public water body, including shoreline restoration and creek bank stabilization. i. Those activities required to meet "Levell standards" and "Nondegradation standards" of the BCWMC as set forth in the current version of BCWMC's Requirements for Improvements and Development Proposals as amended from time to time. Golden Valley City Code Page 7 of 17 94.31 2. The following activities may be undertaken without a Stormwater Management Permit: a. Maintenance of existing yards. b. Emergency work to preserve life or property. B. Application Submittal Requirements. Each City of Golden Valley Stormwater Management Permit application shall include the following items unless waived by the Administrator. Two sets of plans and supporting documentation and one electronic copy of the plans and supporting documentation shall be submitted with each application. 1. Completed application forms and fees required by the City and BCWMC. 2. Provision made for financial securities as required in Subdivision 4(F). 3. Copies of permits or permit applications required by other jurisdictions. 4. Existing site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. 5. Stormwater Management Plan and Narrative. Plans prepared to City standards including: a. Project description - The nature and purpose of the land-disturbing activity and the amount of grading involved. b. Phasing of construction - The proposed stages of grading, utilities, and building construction. c. Adjacent areas - A minimum of one hundred (100) feet beyond the project site boundaries including neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land-disturbing activity. d. Erosion and sediment control measures - Methods to be used to control erosion and sedimentation on the site, both during and after the construction process. e. Permanent cover - How the site will be stabilized after construction is completed, including specifications. f. Maintenance - Schedule of regular inspections and repair of erosion and sediment control structures. Golden Valley City Code Page 8 of 17 94.31 g. A narrative describing the nature and purpose of the land-disturbing activities, the amount of grading involved and other project information describing activities on the above identified maps. 6. Soil Engineering Report. 7. Engineering Geology Report. 8. Work schedule 9. Tree Preservation Plan. 10.A Wetland Buffer and Planting Plan. 11. Construction plans and specifications for all proposed permanent stormwater management facilities. 12.AII hydrologic, hydraulic, and other computations necessary to design the proposed stormwater management facilities. 13.AII exhibits required by BCWMC. 14.Any supplementary material required by the Administrator. lS.Estimate of costs necessary to execute the Stormwater Management Plan. C. Application Review Process and Permit Approval. 1. Pre-Review. The Administrator shall make a determination regarding the completeness of a permit application within fifteen (15) business days of the receipt of the application and notify the applicant if the application is not complete. Incomplete applications will not be considered and shall result in automatic denial of the permit. 2. Permit Review and Decision. Both the City and the appropriate watershed management organizations review permit applications. The Administrator shall notify the applicant of permit approval or denial within sixty (60) days of receipt of a complete application. 3. Permit Approval. Upon approval of the application, the Administrator shall issue a permit. 4. Permit Denial. If the Administrator determines that the application does not meet the requirements of this ordinance, the application will be denied. All land use and building permits shall be suspended until the applicant has an approved permit. Golden Valley City Code Page 9 of 17 94.31 5. Plan Modifications. The applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a. There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface or ground waters. b. Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface or ground waters or that the discharges are not meeting water quality standards; or c. The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity. .. 6. Permit Duration. Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee shall commence permitted activities within sixty (60) days of the issuance of the permit for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The permit will expire or terminate when: a. The site has been stabilized and approved by the Administrator; or b. There has been one hundred eighty (180) days of inactivity. D. Performance Standards. 1. All grading material and soil however placed on a grading site shall remain within the limits of the grading site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. 2. Projects disturbing an area of 10,000 square feet or more shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. 3. Projects required to meet "Levell standards" and "Nondegradation standards" of the Bassett Creek Watershed Management Commission Golden Valley City Code Page 10 of 17 94.31 (BCWMC) shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. E. Applicant Responsibilities. 1. Inspections. The Applicant is responsible for regular inspections and record keeping needed to document compliance with the permit requirements. The City may conduct inspections as needed to ensure that both erosion and sediment control and stormwater measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The Applicant shall notify the City a minimum of seventy-two (72) hours prior to the following required City inspections: a. Initial Inspection - when all erosion and sediment control BMPs are installed. This inspection must be completed before a building permit can be issued. b. Project Complete Inspection - when the project is complete including, but not limited to, final grading, installation of all stormwater management facilities, and final stabilization measures are complete. One-year warranty begins after inspector approves project. c. Warranty Inspection - completed one year later to confirm that permanent site stabilization methods have been successful and vegetation, has been established. 2. Reporting. The Applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a. There are delays of more than seven (7) days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b. There are delays of seven (7) days in land disturbing or filling activities or soil storage. c. The work is not being done in conformance with the approved plans and permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. 3. Right of Entry. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter the construction site. The applicant shall allow the City and its authorized representatives, to: Golden Valley City Code Page 11 of 17 S 4.31 a. Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys; b. Bring such equipment on the site as is necessary to conduct such surveys and investigations; c. Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; d. Inspect the stormwater pollution control measures; e. Sample and monitor any items or activities pertaining to stormwater pollution control measures; f. Correct deficiencies in stormwater and erosion and sediment control measures. F. Financial Security. 1. Amount and Type. The applicant shall provide security for the performance of the work described and delineated in the approved permit in an amount not less than one hundred and fifty percent (150%) of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a. Bond or bonds issued by one or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment; or c. Cash in U.S. currency. 2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one (1) year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage Golden Valley City Code Page 12 of 17 94.31 of the security for a warranty period at the discretion of the Administrator. 3. Reduction of Security. The applicant may have the option to reduce the security one time within the first twelve (12) months of the issuance of the Permit, and thereafter, one time within any twelve (12) month period, which period shall commence on the anniversary date of the issuance of the permit and shall end on the day preceding the anniversary date of the issuance of the permit. G. Enforcement Actions to Ensure Compliance. 1. Orders. The Administrator may issue an order to modify the approved permit and stipulate a time frame for compliance per Subdivision 4.C.5. The applicant shall comply with said order. 2. Permit Suspension. The Administrator shall suspend the permit and issue a stop work order if the Administrator determines that the permit was issued in error, the applicant supplied incorrect information, or the applicant is in violation of any provision of the approved plans, the permit, or this ordinance. The Administrator shall reinstate a suspended permit upon the applicant's correction of the cause of the suspension. 3. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building permit if requested by the Administrator. 4. Permit Revocation. If the applicant fails or refuses to cease work as required, the Administrator shall revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subdivision 4.G.6. of this Ordinance. The Administrator shall not reinstate a revoked permit. 5. Remedial Corrective Action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project site or adjacent sites affected by project failure or to implement actions specified in an order to modify plans and permit. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within thirty (30) days, payment will be made from the applicant's financial security or, in the case where no permit was issued, payment will be assessed against the property. 6. Action Against Financial Security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract Golden Valley City Code Page 13 of 17 ~ 4.31 to the City, and to reimburse the City for all direct costs including, but not limited to, staff time and attorney's fees. a. The applicant ceases land-disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan. b. The applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her permit revoked under this Code. c. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before final stabilization is implemented for the site or portions of the site, whichever is later. d. The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the site e. The applicant fails to establish wetland buffers as described in the stormwater permit. 7. Misdemeanor Violation. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. 8. Cumulative Enforcement. The procedures for enforcement of a permit, as set forth in this ordinance, are cumulative and not exclusive. Subdivision 5. General Performance Standards A. Lowest Floor Elevation. The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins and stormwater management facilities, or be structurally flood proofed in accordance with Section 11.60 of the City Code. Calculated high water levels shall be determined by the City based on the relevant federal, state, BCWMC, and City studies. B. Setbacks. New principal structures shall be setback 25 feet from a delineated wetland edge or the top of bank of a stormwater management facility. C. Buffers. New development, redevelopment, or any building expansion by ten percent or greater in any zoning district shall create or restore buffers around any wetlands or stormwater facilities that exist on the property on which any permitted project is located. 1. Exemptions to the buffer requirement include: Golden Valley City Code Page 14 of 17 94.31 a. Additions to existing principal structures in single family or moderate density residential zoning districts. b. New accessory structures being less than 400 square feet in single family or moderate density residential zoning districts. 2. The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify standards depending on each project site and goals for the wetland. a. Buffer strips shall be a minimum of ten (10) feet in width beginning at the delineated wetland edge or top of bank of the stormwater management facility. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed twenty (20) feet in width or twenty (20) percent of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to wetlands such as stairways and docks are permitted in the access corridor. d. The buffer shall be placed in a conservation easement dedicated to the City and recorded with Hennepin County. e. Monuments identifying the conservation easement, designed in accordance with City standards, shall be placed every 100 feet to delineate the buffer edge and at intersections with property lines. f. Buffer strip vegetation shall be appropriate to the goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. The Minnesota PCA's manual "Plants for Stormwater Design: Species Selection for the Upper Midwest" provides guidance on buffer plant selection. D. Maintenance of Private Stormwater Facilities. 1. No private stormwater facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All private stormwater facilities shall be inspected annually, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. Golden Valley City Code Page 15 of 17 94.31 2. Owners of private stormwater facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the stormwater facilities. Subdivision 6. Stormwater and Urban Runoff Pollution Control A. Illegal Disposal. 1. Discarded Materials. No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. 2. Landscape Debris. No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. B. Illegal Discharges and Illicit Connections. No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge: 1. consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA; or 2. is associated with fire fighting activities. No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater system. C. Good Housekeeping Provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements: 1. Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain systems may occur. This section shall apply to both actual and potential discharges. For swimming pools, water should be allowed to sit for seven (7) days to allow for chlorine to evaporate before discharge to the sanitary sewer system. If fungicides have been used, water must be tested and approved for discharge to the waste water treatment plant. 2. Runoff Minimized. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is Golden Valley City Code Page 16 of 17 94.31 prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City's Code. 3. Storage of Materials, Machinery, and Equipment. Materials or equipment shall be stored to limit risk of contamination by runoff. a. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges D. Removal of Debris and Residue. 1. All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. 2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal site and shall not be placed in a trash container. Subdivision 7. Responsibility for Stormwater Drainage on Private Property A. Responsibility. Property owners are responsible for storm water drainage on private property. The City assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer system. B. Technical Assistance. Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. C. Petition. Property owners may petition the City for public improvements to correct a drainage problem on private property. D. Costs. Property owners are responsible for paying all costs associated with correcting drainage problems including City staff time, consultant costs, legal fees, and design and construction costs. E. Assessment. Project costs will be assessed to each property contributing flow to the problem area in accordance with Minn. Statute 429 and pursuant to the City's Assessment policy. Golden Valley City Code Page 17 of 17 alley Memorand m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting May 12, 2009 Agenda Item 3. 2009 Pavement Management: Request for Secondary Driveway Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Public Works staff has received a request from Mr. Glenn Fuller, 2224 Windsor Way, to install access to his rear yard as part of the 2009 Pavement Management Program. Mr. Fuller's February 23, 2009 letter requesting 12 feet of surmountable curb on Markay Ridge is attached to this memorandum for reference. During the preliminary and final design processes for the 2009 Pavement Management Program, Mr. Fuller discussed his desire to have vehicle access to his backyard via installation of surmountable curb during the reconstruction of the streets adjacent to his home. Mr. Fuller was informed of the City's practice and policy, as previously directed by the City Council, to eliminate secondary driveways and auxiliary parking spaces when streets are reconstructed to City standards. These conversations with the property owner included a request for a written request that includes a hardship for a secondary driveway. The Fuller's request includes a statement that they frequently access the backyard by vehicle in order to avoid carrying groceries and other heavy items up the stairs adjacent to the driveway and to allow handicapped people to access the home when they visit the Fullers. Staff investigated the Fuller's request following receipt of the attached letter and made the following findings: 1. The Pavement Management Policy was modified in January 2009 to eliminate the installation of surmountable curb during street reconstruction. 2. There is no direct evidence of consistent vehicle access into the rear yard area such as vehicle tracks. 3. There is full vehicle access to the property via the driveway from Windsor Way, including a double tuck-under garage. The Fullers have indicated that this access is utilized for the desired purposes during the winter months. 4. The Fullers have stated that there are no handicap people living in the residence. 5. As directed by the City Council, staff has consistently eliminated auxiliary driveways to rear yard areas during PMP projects. The minutes of the March 15, 2000 Council/Manager meeting where this issue was discussed are attached to this memorandum for reference. Accesses have been provided in two instances. a. In the 2006 PMP, a property owner had a tuck-under garage below the primary garage that was consistently used, and continues to be used for vehicle parking. The portion of this driveway within the street right-of-way was repaved, including a pavement extension to allow parking outside of the boulevard, as part of the project. This driveway also provides the City access to the adjacent pond for maintenance purposes. b. In the 2005 PMP, a driveway apron was installed for a property owner to access a secondary garage door, located on the side of the garage, where the property owner stored a boat. The property owner committed to paving the driveway to be consistent with City Code, but has not followed through on this commitment. Based upon the findings of this investigation, staff determined that there was no hardship present at the Fuller residence, and the request to install localized surmountable curb for driveway access to the rear of the home was denied. The Fullers have requested that the City Council review their request. Staff is requesting direction from the City Council on this request. Attachments Letter to Jeff Oliver, City Engineer, dated February 23,2009 (2 pages) E-mail to Jeannine Clancy, Director of Public Works, dated April 19, 2009 (1 page) Photographs of 2224 Windsor Way (3 pages) Letter and pictures to City Council, dated May 5, 2009 (4 pages) City Council/Manager Minutes, dated March 15, 2000 (1 page) LJ r" B.. t t; tH'; Y J061 IIl{P Mr. Jeff Oliver, PE Public Works Department 7800 Golden Valley Road Golden Valley, MN 55427 February 23, 2009 l~;CE'!f'v- ""g:;t'~t.-l li.,'-'!.......... I FEB25 2009 I BY: ' . __c, c -... ~. RE:REQUEST For a 12 ft. Mountable Curb on Markay .Ridge on the north side of our comer lot - At 2224 Windsor Way. Please be aware that we purchased this vacant lot back in 1960. We landscaped it at considerable expense to have a back yard atthe same elevation as the road at one point to make it possible to drive onto the back yard. This was planned to make it easier to bring groceries, handicapped people, and anything else into the house via the back entrance. Both front entries require climbing fourteen steps - a hardship that was recognized and overcome by landscaping at the time of building on the property. For almost fifty years we have enjoyed this element of thinking ahead. Every time we bring a handicapped friend or a load of groceries in by virtue of our ability to drive up to the back door we appreciate our foresight of long ago! My wife and I respectfully request that the new curbs and gutters being put in this summer as part of Golden Valley's Pavement Management Program have in the plan a twelve foot section of mountable curb centered on the elevation where the road and our back yard are as close to the same as possible. We have lived in Golden Valley for forty-eight years. In all that time we have never made a special request of Golden Valley of any kind. But we are very anxious about this and hope that you will look favorably on this request as it is very important to us. Thank you for your attention and concern! Sincerely yours, ~ fr-:r~ Y7Z~),~ Glenn A. & Marlys S. Fuller Clancy, Jeannine From: Sent: To: Subject: Glenn & Marlys Fuller [glennandmarlys@gmail.com] Sunday, April 19, 2009 1:27 PM Clancy, Jeannine twelve foot mountable curb section - 2224 Windsor Way 2009 PMP Area 3 Hello Jeannine Clancy. Back on March 26th you witnessed the last part of a conversation I had with Jeff Oliver relative to my written request to him - dated February 23, 2009 - to include twelve feet of mountable curb on the Markay Ridge portion of our corner lot as part of the'area 3 Project Management Plan that affects our neighborhood of Westurban this summer. As you know, I was totally dumbfounded to learn that my request was being turned down. A few days after that meeting I left for a month in Texas where I am right now. I expect to return to Golden Valley on or about May 1st. Soon after I will give you a call; I would like to meet with you so we can discuss this further. This issue is very important to my wife and me, and I feel that Golden Valley should agree to our request for the following reasons: 1. We have been good citizens of Golden Valley since 1961; a simple reasonable request for 12 feet of mountable curb where we want it should be happily honored by our City of Golden Valley. 2. We have had a mountable curb where we want it for 48 years; we occasionally bring in groceries directly to our kitchen, and load heavy luggage directly into the car from the house - all without the need to carry heavy items up or down fourteen steps which is necessary if we enter or exit the front of the house. This amenity of this unique property is important and valuable - result of careful planning when we had the house built and the yard landscaped. Certainly this labor saving feature of the property deserves "grandfathering in". 3. We have handicapped friends that cannot traverse fourteen stairs; they will not be able to enter our house without our mountable curb feature. I am hoping Ms Clancy that we can meet and keep this "molehill" of a request from becoming a "mountain" of a problem for either one of us. Thanks for your consideration I Glenn and Marlys Fuller THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. Any unauthorized review, use, disclosure or distribution is prohibited. If you received this in error, please notify the sender and delete the e-mail and its attachments from all computers. 1 ~.i 0 ,:',~ -""" , -~: <~ ~';~ ro., :~~ t~. f'~':~~'~"#:':'~".P'3.:"..j;. '~.. 0'1. ~;~.> ~f~ ;3:c",:',1~'J~; -- 'o':':.i:;. :;::__.'. '.7-;: ~; .... .,:.0. . t ......=.;.:,.L},i\. '1!tfl,~ ~'" '-"'." '" (:~;,>o, ".~" 'C ., .;:'*,~ ;,., {. ~W:t:l~, 'f?,~,.!,~~~< ~~_~, _. Y,., ~;~;i,,;'~:~:~Nfi~~{i:i,~ ~''t. . t . ~; ~Jr'7",J,';i6G9 ':"; GQ :J~.._ A"'. ~ ~. ~- . ~ ,. .J r:;:s;~;p.., '" =,~= ~ ~>.; .... ';; '" _" ~ . .'~~'~~j":;'~1?;1~~ .:G~ . _ -_ ~~ . "C-.. .--... _.... Y' _-. -.w..._"r.r ~$.-~,",'..~..~~~K,;.~ -,. :. ~. '-~_.-, _.-. ;-0: f"!~~~~~i:~ii$1~~~1*~}~'~fr~~~~~~?;~~ :. -~- ~';:-~ -~i:.~~ ,f ~~~--t;5-;~5:'>~;;}:~Pfl~~~~~~=- ---~-:' -.:..---- ~ /0-' ~"'~7r2DO? b 0 L- P FN ~ l- L E't 6 r<'-./'" MAY t7 2009 I ~U;-(CIL 7i2-en: CLZ:=.NH 4~ ~+u-t"L-e-1( D,c-_r N.ovl'l<rLt.nL'- /' ,{) V" c;.. , /I VJ c;;;. L- C/ Jf!!.-13 ?- e- Q) u ~ 7 r f Llin'U I!" fj e- A-w It 1Z- 6 ~ I A J'1 If~, ks fc I Hb , ~ .... Fo (C. 4 /'--l f) ~ ---.. Po Nor U ft~r - ----- -- ~ ~ ~ A- ~t:c.ot4Pfi-~'f f)#1 v~ rJR 'i' ... A M A p~ () H fI/) '( f( ('; Q veST 1$ p;, R. 'Tw ~l-f/ c; ~E'r ~..~ ~ D (' He> v N ..,- /1 B L ~ t::: t/ I'-~ 0/--1 '- if 6 ...- ,....,~ - - ~ I \ .. . '~.{~f:" .>' 'I ,.,~~:~,:'J:'.~' J ;~ ~'J ..; uncil/Manager Meeting Minutes March 15, 2000 Present: Mayor Anderson and Council Micks. Staff P . an at 5:32 PM in the City Council Conference Room. Boulevard Parking Areas in Pavement Management Projects Jeannine Clancy explained that street reconstruction requires restoration of areas where private yards meet the right of way. It has been past practice to reconstruct these areas as closely as possible to the prior existing condition, takihg into consideration drainage, safety and maintenance issues. However the prior condition does not always meet provisions of the code, and we have had neighbors complain. The policy issue for the Council is whether to have the street program match prior conditions, or serve as a type of code enforcement. Jeff Oliver reported that the engineering staff has identified 17 residences in this year's program that have non-conformities. He presented pictures with examples of varying parking arrangements on private residential lots. In some instances the resident has a hardship due to limited on-street parking and topographic conditions that limit parking in their own driveway. The Council discussed the type of variances and considerations of grand fathering or removing various types of parking arrangements. The Council consensus is to allow parking related to existing driveways and discourage those removed from the driveways, except in hardship cases where there is limited on-street parking or topographic limitations - all with consideration of improving drainage, safety and maintenance. The staff recommendation will be shared with property owners during the design process. Owners will have an opportunity to register an appeal to the Council by a specific date. Neighbors adjacent and across the street from the appealing property owner will be notified as to when the Council will be considering the appeal. Options for xcess Hennepin Cou ty Property (Former Sooting Range) Bey Memorandum City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting May 12, 2009 Agenda Item 4. Neighbors Helping Neighbors Prepared By Jeanne Andre, Assistant City Manager Summary Council Member Scanlon and staff have been meeting with community members on a new initiative called Neighbors Helping Neighbors. The initiative came out of the desire of two local congregations to undertake community service projects closer to home. In the past they have sent groups to help out in other parts of the country, but felt that they would also like to help neighbors here in Golden Valley. Calvary Church has already helped community members through its Hands, Hearts and Hammers program. Valley Community Church has volunteered locally through the Paint-A-Thon but is looking for other alternatives. Staff convened a group of interested parties including: Calvary and Valley Community Churches, PRISM, NWHHSC, CAPSH, HOME (and Senior Community Services), and CEE. Staff involved includes Josh Kunde, Mark Kuhnly, Jeanne Fackler, Jeanne Andre, Tom Burt and Joanne Paul. Neighbors Helping Neighbors has been dubbed a pilot program. PRISM has agreed to be the primary agent and other participants haven agreed to specific roles. Property Maintenance staff will refer folks to PRISM and PRISM and the churches may independently identify residents that need assistance. Staff is proposing to use CEE to undertake inspections for properties that are not referred with formal violations. CEE has agreed to add this scope of work to their existing contract. The churches will use volunteer labor to undertake some projects. The HOME Program serves seniors aged 60 and older with housekeeping, handymen and identified contractors. PRISM will seek to coordinate these efforts, including checking with the Police Department and Inspections for more information about the properties. The participants have agreed in concept to proceed with a pilot program. Each is going back to their Board to gain support, and PRISM is seeking grants to support its efforts. The group is working on a set of forms that will help communicate the status of each property and clarify expectations and legal responsibilities for homeowners and volunteers.