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HomeMy WebLinkAbout13.D.1-3. Amending City Code Relating to Fence Construction-Ord. No.780 & 781-Res. No. 6616 I~. Q. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Adoption of Ordinance No. 780, Amending the City Code Relating to Fence Construction and Easement Encroachments; Adoption of Ordinance No. 781, Amending the 2007 Fee Schedule - Adding Fence Permits; and Resolution No. 6616 - Adopting a Fencing and Landscaping Policy DATE: June 5, 2007 INTRODUCTION: This agenda item is to consider Ordinance's No. 780 and 781 and Resolution No. 6616, which pertains to fence permits, fence permit fees and policy on fencing and landscaping within City easements. BACKGROUND: City Council has discussed the issue of fences in City easements and the obstruction of maintenance access for City facilities, such as sanitary sewer, storm sewer and ponds. Council discussed this issue on January 23, 2007 at a workshop and more recently on May 15, 2007 in regard to a fence issue and a deed restriction in Park Meadows. Council direction was to revise the ordinance to incorporate a fence permit process and to prepare a policy on fencing and landscaping in City easements. Staff has prepared the following for Council consideration of adoption. 1. Ordinance No. 780, Amending the City Code Policy on Fence Construction and Easement Encroachments 2. Ordinance No. 781, Amending the 2007 Fee Schedule, adding fence permits 3. Resolution No. 6616, Adopting a Fencing and Landscaping Policy Also, included for Council information and review on these ordinances and resolution are the following: . Fence Permit Application . Fence Handout . Sample Encroachment Agreement The enclosed encroachment agreement was discussed at the last Council meeting and has been used with commercial and industrial parking lots in easements. In Ordinance No. 780, after the effective date of the ordinance, fence permits will again be required in the City of Shakopee. One exception is garden fences which are defined in the ordinance. Fences can encroach into City easements, if permitted and as per Section 7.18, Encroachment in Easement Areas and an adopted policy on fencing and landscaping within City easements. Essentially, the proposed policy is to restrict fences and trees in easements where the City has a sewer pipe, water pipe, storm sewer pipe, ponding areas, trails or access required maintenance. On existing fences in easements, staff intends to enforce the ordinance, as necessary, to maintain the City's facilities Ordinance No. 781 pertains to the fence permit fee to be charged for processing the permit and any inspections. Most Cities surveyed were at a fence permit fee of $25.00. Staff would propose a similar fee and see if any adjustment is necessary at the end of the year. Another item that Council directed staff to prepare in the ordinance is to have appeals go to the Board of Adjustment and Appeals (BOAA). Staff has worked with the city attorney's office to prepared two ordinances for council consideration on the appeals going to the BOAA and one to the city council. The issue that staff would like the council to revisit is if they want a property owner to appeal to the BOAA and then to the city council. Per our code, all decisions by the BOAA can be appealed to the city council. AL TERNATIVES: 1. Adopt Ordinance No. 780, Amending City Code, Chapter 4, Section 4.03 Relating to Fence Construction and adding a new Section 7.18 to Chapter 7 of the City Code Relating to Easement Encroachments. 2. Adoption of Ordinance No. 781, amending the 2007 Fee Schedule - adding fence permits. 3. Adopt Resolution No. 6616, Adopting a Fencing and Landscaping Policy. 4. Do not approve Ordinance No. 780 and No. 781 and Resolution No. 6616. 5. Table for additional information. RECOMMENDATION: Staff recommends adoption of Ordinance No. 780 and No. 781, to amend the City Code to require fence permits; adopt a fence permit fee; add a new section on easement encroachments and adopt a fencing and landscaping policy within City easements. Staff believes the ordinance with the appeal process going to the city council would be the best as it would eliminate an appeal process by a resident and it is consistent with other parts ofthe city code. ACTION REQUESTED: 1. Adopt Ordinance No. 780, Amending City Code, Chapter 4, Section 4.03 Relating to Fence Construction and adding a new Section 7.18 to Chapter 7 of the City Code Relating to Easement Encroachments. 2. Adoption of Ordinance No. 781, amending the 2007 Fee Schedule - adding fence permits. 3. Adopt Resolution No. 6616, Adopting a Fencing and Landscaping Policy. ,~ cat ruce Loney, . . Public Works irector BUpmp ENGRl2007PROJECT/2007COUNCIUORD.780&781-RES.6616 ORDINANCE NO. 780, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 4, SECTION 4.03 RELATING TO FENCE CONSTRUCTION AND SECTION 4.05 RELATING TO PERMIT FEES AND ADDING A NEW SECTION 7.18 TO CHAPTER 7 OF THE CITY CODE RELATING TO EASEMENT ENCROACHMENTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE MINNESOTA ORDAINS: Section 1. City Code Chapter 4, Section 4.03 is amended to read as follows: SEC. 4.03. BUILDING PERMITS. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems, water wells and on-site disposal systems therein, or remove or displace any soil, ground or earth preparatory to any action, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. It is also unlawful for any firm, person or corporation to erect, enlarge, improve, construct or move a fence in all zoning districts of the City except agricultural within the corporate limits of the City without first obtaining a permit, with the exception of garden fences. Notwithstanding any provision of this Section and in addition thereto, it is unlawful for any person to remove or displace any soil, ground, gravel or earth without first obtaining a permit from the proper City officials. Subd. 1. Fence Construction Requirements. A. All fences, with the exception of garden fences less than six (6) feet in height shall Hat require a building fence permit. For purposes of this Section, a "fence" shall be defined as any permanent partition, structure or gate erected as a dividing marker, barrier or enclosure encircling either wholly or any portion of any area. A "garden fence" shall be defined as a fence that is no more than three feet in height, that may be easily removed and that is used to protect gardens from animals. Fences greater than six (6) feet in height or greater shall also require beth-a conditional use permit (CUP) and building permit. All proposed fence designs for fences six (6) feet in height or greater shall be approved by the Building Official prior to the issuance of a building permit. B. All fencing fences erected in the City may be constructed adjacent to the property lines, provided that they do not encroach into any easement area held by the City, any conservation easement area held by the City or any sight triangle as defined by the City Code, except if permission is otherwise granted or allowed bv the City as part of the permitting process pursuant to Section 7.18 of the City Code. If a fence on the rear property line abuts a public alley there must be a three (3) foot setback. C. All fences Type of construction shall be constructed of any materials that are not deemed hazardous by the Building Official and of materials of an ill appearance not deemed detrimental to the property values of the area by the City Planner. D. Additional Requirements: 1. Fences six (6) feet in height and under shall be permitted anywhere on the lot except in the front yard setback or within any City easement areas or sight triangles except if permission is otherwise granted or allowed by the City as part of the permitting process. In the case of a double frontage lot, fences six (6) feet high in height and under shall be permitted within the front yard setback on a street frontage from which access is not obtained. Fences up to three (3) feet in height shall be allowed in the front yard setback, so long as they are not within any City easement areas or sight triangles. 2. Fences in excess of the above heights shall require a conditional use permit. 3. All fences, with the exception of garden fences, shall not be located within a City easement or sight triangle except if -permission is otherwise granted or allowed by the City as part of the permitting process. Garden fences may be located within a City easement area, but shall not obstruct drainage or impede the flow of surface water from or in the easement area. If a garden fence is located within an easement area, City staff may require it to be removed at the owner's expense at any time. 4. Payment of a fence -permit fee, as set forth in the City's most recent fee ordinance, is required before a permit is issued Subd. 2. Prohibitions and Limitations. A: No building permit shall be issued for the construction, alteration, extension or enlargement of any permanent building, structure or fixture on, oyer, under or across any easement of the City or 8hakopee Public Utility Commission without first obtaining written approval from the City or the Shakopee Public Utility Commission. EXCEPTION: Building permits may be issued for buildings constructed prior to enactment of this Subdivision for repairs or alterations; however, if a building is damaged 305803v6 SJS SH155-23 2 by more than 50% of its fair market value, no building permit for repairs or alterations shall be issued. B:- MO'/able buildings, structures or fixtures of less than 120 square feet and weighing less than 100 pounds may be placed in an easement only if they can be moved without damage during an emergency. G: No improvement f{)r ingress, egress, or parking lots shall be permitted within a public easement \vithout a permit therefore pursuant to Section 7.07 of the Shalcopee City Code. I* No landscaping including but not limited to trees, shrubs, fences, rocks and berms shall be placed on, over or across any easement of the City or S.P.UC. that will interfere with the ingress or egress by the City or S.P.D.C. for utility maintenance. ~ The City or S.P.D.C., whomever enters upon the easement will only replace moyable buildings as defined in Sub paragraph B above, fenees, dri'/6'l,'ays or walkways in easemen.ts for ':/hieh the proper permits were obtained prior to construction and shall either seed or sod to replace turf. The City or S.P.D.C. shall not be responsible f{)r replacement of any building, strueture or fixture installed without having obtained the proper permit or replacement of any landscaping except turf. EXCEPTION: .\1.,1 ork performed prior to enactment of this Subdivision may not have been required to have had a permit. In this case replacements will be made. Subd. 2. Appeal. Any person aggrieved by a denial of a fence permit or removal of a garden fence by City staff may appeal sueh decision to the City Council. An appeal must be brought within thirty days of the date of the deeision. After consideration of such ap-peal, the City Council may make such findings and issue such orders as it deems appro-priate. Section 2. City Code Chapter 4, Section 4.05 is amended to read as follows: SEC. 4.05. PERMITS. Fees for building permits, fence permits and inspection shall be adopted by resolution of the Council and maybe may be amended from time to time in the same manner. Provided, that a schedule of such fees, together with the effective date or dates thereof, shall be kept on file in the offiee of the Building Offieial, available for distribution upon request therefore, and uniformly enforeed as the same become effective. If such fees are based upon a determination of value or size of the project, a determination thereof shall be made by the Building Official. Such fee schedule shall provide for a separate plumbing, heating, or electrical permit and inspeetion fee where the work is to be done is so confined. 305803v6 SJS SHl55-23 3 Section 3. A new Seetion 7.18 is added to Chapter 7 ofthe City Code to read as follows: SEC. 7.18. ENCROACHMENTS IN EASEMENT AREAS. Subd. 1. Encroachments Prohibited. No trees, shrubs, bushes, retaining walls, structures, hard surface areas or other obstruetions, with the exception of shallow root plantings and garden fenees, shall be placed within an easement area held by the City, except if written permission has been granted by the City and the eneroachment is in conformance with the City's most recently adopted Easement Policy. For purposes of this Section a "shallow root planting" shall be defined as grass, ground cover and plants whieh are classified as annuals. Subd. 2. Exceptions. Shallow root plantings and garden fences are -permitted to be placed within the City easement areas but shall not obstruct access by City personnel, obstruet drainage or impede the flow of surface water from or in any drainage easement. All items allowed in these easement areas are subiect to the requirements of the City's most reeently ado-pted Easement Policy. Subd.3. Removal. A. City staff may require that any shallow root planting, garden fence or other obstruetion within a City easement area or in violation of the City's sight triangle requirements be removed at the owner's expense at any time even if written permission has been obtained for the encroachment. B. In the event that the plantings or other obstructions are to be removed by City staff within the easement or sight triangle area and it is not an emergency situation, City staff shall attempt to provide the property owner with reasonable notice and an opportunity to remove the items. C. The City shall not be required to compensate the property owner for the costs of repair, replacement or removal ofthe items. D. If the items are not removed by the property owner within the time specified in the notice, or if an emergency situation exists, representatives of the City may remove these items and may charge the property owner for any removal expenses incurred. If the removal expenses remain unpaid, the City Couneil may assess the property. Subd. 4. Enforcement. The requirements set forth in this Section shall be administered and enforced pursuant to the direction of the Public Works Director of the City. Employees of the City's Police Department may issue appropriate removal orders, issue tags for violations or institute any other appropriate actions or proceedings against a violator as provided for in this Section. Any violation of an order issued pursuant to this Section by the Public Works Department of the City shall constitute a violation of this Section. Any property owner who violates any provision of this Section, or who fails to 305803v6 SJS SH155-23 4 comply with any provision, may be -proseeuted and punished in accordance with Section 7.99 of the City Code. Subd. 5. Appeal. Any person aggrieved by a decision of City staff regarding the placement or removal of items within the easement or sight triangle area may appeal such decision to the City Council. An appeal must be brought within thirty days of the date of the decision. After eonsideration of such appeal, the City Council may make such findings and issue such orders as it deems appropriate. Section 4. Effective Date. This ordinanee becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of_, 2007. Mayor of the City of Shakopee ATTEST: City Clerk 305803v6 SJS SH155-23 5 ORDINANCE NO. 780, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 4, SECTION 4.03 RELATING TO FENCE CONSTRUCTION AND SECTION 4.05 RELATING TO PERMIT FEES, ADDING A NEW SECTION 7.18 TO CHAPTER 7 OF THE CITY CODE RELATING TO EASEMENT ENCROACHMENTS AND AMENDING CITY CODE CHAPTER 11, SECTION 11.84 RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS THE CITY COUNCIL OF THE CITY OF SHAKOPEE MINNESOTA ORDAINS: Section 1. City Code Chapter 4, Section 4.03 is amended to read as follows: SEC. 4.03. BUILDING PERMITS. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or strueture, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems, water wells and on-site disposal systems therein, or remove or displace any soil, ground or earth preparatory to any action, or eause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. It is also unlawful for any firm, person or corporation to erect, enlarge, improve, construct or move a fence in all zoning districts of the City except agricultural within the corporate limits of the City without first obtaining a permit, with the exception of garden fenees. Notwithstanding any provision of this Section and in addition thereto, it is unlawful for any person to remove or displace any soil, ground, gravel or earth without first obtaining a permit from the proper City officials. Subd. 1. Fence Construction Requirements. A. All fences, with the exeeption of garden fences less than six (6) feet in height shall flet require a building fence permit. For purposes of this Section, a "fenee" shall be defined as any permanent partition, strueture or gate erected as a dividing marker, barrier or enclosure encircling either wholly or any portion of any area. A "garden fenee" shall be defined as a fence that is no more than three feet in height, that may be easily removed and that is used to protect gardens from animals. Fences greater than six (6) feet in height or greater shall also require betft-a conditional use permit (CUP) and building permit. "^.I.ll proposed fence designs for fences six (6) feet in height or greater shall be approved by the Building Official prior to the issuance of a building permit. B. All fencing fences erected in the City may be constructed adjacent to the property lines, provided that they do not encroach into any easement area held by the City, any conservation easement area held by the City or any sight triangle as defined by the City Code, except if permission is otherwise granted or allowed by the City as part of the permitting proeess pursuant to Section 7.18 of the City Code. If a fence on the rear property line abuts a public alley there must be a three (3) foot setback. C. All fences Type of construction shall be constructed of any materials that are not deemed hazardous by the Building Official and of materials of an ill appearance not deemed detrimental to the property values of the area by the City Planner. D. Additional Requirements: 1. Fences six (6) feet in height and under shall be permitted anywhere on the lot except in the front yard setbaek or within any City easement areas or sight triangles except if permission is otherwise granted or allowed by the City as part of the permitting process. In the case of a double frontage lot, fences six (6) feet high in height and under shall be permitted within the front yard setbaek on a street frontage from which access is not obtained. Fences up to three (3) feet in height shall be allowed in the front yard setback, so long as they are not within any City easement areas or sight triangles. 2. Fences in excess of the above heights shall require a eonditional use permit. ~ All fences, with the exeeption of garden fences, shall not be located within a City easement or sight triangle except if permission is otherwise granted or allowed by the City as part of the permitting process. Garden fences may be located within a City easement area, but shall not obstruct drainage or impede the flow of surface water from or in the easement area. If a garden fenee is located within an easement area, City staff may require it to be removed at the owner's expense at any time. 4. Payment of a fence permit fee, as set forth in the City's most recent fee ordinance, is required before a permit is issued Subd. 2. Prohibitions and Limitations. A: No building permit shall be issued for the construction, alteration, extension or enlargement of any permanent building, structure or fixture on, O'/er, under or across any easement of the City or Shakopee Public Utility Commission without first obtaining v/ritten approval from the City or the Shakopec Public Utility Commission. EXCEPTION: Building 305803v7 SJS SH155-23 2 permits may be issued for buildings eonstructed prior to enactment of this Subdivision for ropairs or alterations; howeyer, if a building is damaged by more than 50% of its fair market value, no building permit for repairs or alterations shall be issued. B:- MO'/able buildings, structures or fixtures of less than 120 square feet and weighing less than 400 pounds may be placed in an casement only if they can be mO'/ed without damage during an emergency. G: No improvement for ingress, egress, or parking lots shall be pormitted within a pub lie easement without a permit therefore pursuant to Section 7.07 ofthe Shakopee City Code. I* No landscaping including but not limited to trees, sh,'ubs, fences, rocks and berms shall be placed on, o','er or across any easement of the City or S.P.UC. that will interfere .with the ingress or egress by the City or S.P.D.c. for utility maintenance. ~ The City or S.P.D.C., whomeyer enters upon the easement will only replace movable buildings as defined in Sub paragraph B above, fences, driyeways or walkways in easements for which the proper permits were obtained prior to construction and shall either seed or sod to replace turf. The City or S.P.D.C. shall not be responsible for replacement of any building, structure or fixture installed without haying obtained the proper permit or replacement of any landscaping except turf. EXCEPTION: 'If ork performed prior to enactment of this Subdivision may not haye been required to haye had a permit. In this case replacements will be made. Subd. 2. Appeal. Any person aggrieved by a denial of a fence permit or removal of a garden fence by City staff may appeal such decision to the Board of Adiustment and A-ppeals. An appeal must be brought within thirty days of the date of the decision. After consideration of such appeaL the Board of Adiustment and Appeals may make such findings and issue such orders as it deems a-ppropriate. Section 2. City Code Chapter 4, Section 4.05 is amended to read as follows: SEC. 4.05. PERMITS. Fees for building permits, fenee permits and inspection shall be adopted by resolution of the Council and maybe may be amended from time to time in the same manner. Provided, that a sehedule of such fees, together with the effeetive date or dates thereof, shall be kept on file in the office of the Building Offieial, available for distribution upon request therefore, and uniformly enforced as the same become effective. If such fees are based upon a determination of value or size of the projeet, a determination thereof shall be made by the Building Official. Such fee schedule shall provide for a separate 305803v7 SJS SH155-23 3 plumbing, heating, or electrical permit and inspection fee where the work is to be done is so confined. Section 3. A new Seetion 7.18 is added to Chapter 7 of the City Code to read as follows: SEC. 7.18. ENCROACHMENTS IN EASEMENT AREAS. Subd. 1. Encroachments Prohibited. No trees, shrubs, bushes, retaining walls, structures, hard surface areas or other obstructions, with the exception of shallow root plantings and garden fences, shall be placed within an easement area held by the City, exeept if written permission has been granted by the City and the encroachment is in conformanee with the City's most recently adopted Easement Policy. For purposes of this Section a "shallow root planting" shall be defined as grass, ground cover and plants whieh are classified as annuals. Subd. 2. Exceptions. Shallow root plantings and garden fences are permitted to be placed within the City easement areas but shall not obstruet aeeess by City personneL obstruct drainage or impede the flow of surface water from or in any drainage easement. All items allowed in these easement areas are subieet to the requirements of the City's most recently adopted Easement Policy. Subd.3. Removal. A. City staff may require that any shallow root planting, garden fence or other obstruetion within a City easement area or in violation of the City's sight triangle requirements be removed at the owner's expense at any time even if written permission has been obtained for the encroachment. B. In the event that the plantings or other obstructions are to be removed by City staff within the easement or sight triangle area and it is not an emergency situation, City staff shall attempt to provide the -property owner with reasonable notice and an opportunity to remove the items. C. The City shall not be required to compensate the property owner for the costs of repair, replacement or removal of the items. D. If the items are not removed by the property owner within the time specified in the notice, or if an emergency situation exists, representatives of the City may remove these items and may charge the property owner for any removal expenses incurred. If the removal expenses remain unpaid, the City Council may assess the property. Subd. 4. Enforcement. The requirements set forth in this Section shall be administered and enforced pursuant to the direction of the Public Works Director of the City. Employees ofthe City's Police De-partment may issue appropriate removal orders, issue tags for violations or institute any other appropriate actions or proceedings against a 305803v7 SJS SH155-23 4 violator as provided for in this Section. Any violation of an order issued pursuant to this Section by the Public Works Department of the City shall constitute a violation of this Seetion. Any property owner who violates any provision of this Section, or who fails to comply with any provision, may be prosecuted and punished in aceordance with Section 7.99 of the City Code. Subd. 5. Appeal. Any person aggrieved by a decision of City staff regarding the placement or removal of items within the easement or sight triangle area may appeal such decision to the Board of Adiustment and Appeals. An appeal must be brought within thirty days of the date of the decision. After consideration of such appeal, the Board of Adiustment and Appeals may make such findings and issue such orders as it deems appropriate. Section 4. City Code Chapter 11, Section 11.84, Subdivision 1 is amended to read as follows: SEe. 11.84. BOARD OF ADJUSTMENT AND APPEALS. Subd. 1. Powers and Duties. The Board of Adjustment and Appeals shall have the following powers and duties: A. to hear requests for conditional use permits which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; B. to hear requests for variances which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; C. to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator or any other person in the enforcement of this Chapter; D. to hear and decide requests for expansion of an existing use or structure, reeonstruction of a partially destroyed structure, construction of a new strueture, or other intensification of a Type B nonconformity, as set forth in Section 11.91 of this Chapter; aE:d E. to hear requests for shared parking plans, cooperative parking plans, and shared driveways-:-; and F. to hear and decide appeals brought by persons aggrieved by a decision of City staff regarding the placement or removal of items within a City easement or sight triangle area or by City staffs denial of a fence permit or decision to require removal of a garden fenee. 305803v7 SJS SH155-23 5 Seetion 5. Effeetive Date. This ordinance beeomes effective from and after its passage and publieation. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of_, 2007. Mayor of the City of Shakopee ATTEST: City Clerk 305803v7 SJS SH155-23 6 ORDINANCE NO. 781, FOURTH SERIES AN ORDINANCE AMENDING FEES BY ADDING A FENCE PERMIT FEE Whereas, by Ordinance No. 772, the City Council adopted a Fee Schedule for the fiscal year 2007; and Whereas, Seetion 4.05 of the City Code authorizes the City Couneil to fix rates and charges for permits and inspections; and Whereas, the city council has determined that a fence permit fee should be established to pay for the costs of reviewing fence permit applications and inspections; and Whereas, the Public Works Director has calculated the amount of the charge that should be established, and the City Council has concluded that the proposed charge is just and equitable. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA. ORDAINS: Seetion 1. The 2007 Fee Schedule, adopted by Ordinance 772 is amended by adding the following charge under "Building Permits, Other Inspections and Fees" on page 8 of the Fee Schedule: Fence Permit Fee $25.00 Seetion 2. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Couneil of the City of Shakopee, Minnesota, held this 5th day of June, 2007. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 6616 A Resolution Of The City Of Shakopee, Minnesota Adopting A Fencing And Landscaping Policy Within City Easements WHEREAS, the City Council of Shakopee adopted Ordinance No. 780, Amending Section 4.03 ofthe City Code and added a new section 7.18 on Easement Encroaehments; and WHEREAS, Section 7.18, Encroachments in Easement Areas, allows encroaehments to City easements, as per the most reeently adopted Easement Poliey; WHEREAS, the City Council of Shakopee has reviewed the Fencing and Landseaping Policy at its June 5, 2007 Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKO PEE, MINNESOTA: that the City of Shakopee adopt the attached Fencing and Landscaping poliey to be used in conjunction with Section 7.18 of the City Code. Adopted in session ofthe City Couneil ofthe City of Shakopee, Minnesota, held this day of ,2007. Mayor of the City of Shakopee ATTEST: City Clerk ENGRl2007PROJECTSi2007COUNCIURES6616 I I I I I EASEMENT FENCING AND LANDSCAPING POLICY [ Adopted by the Shakopee City Council June 5, 2007 I For the purpose of this policy, easements shall be classified into the following I I categories: I i I) Standard lot line drainage and utility easements that do not contain underground I storm sewer, sanitary sewer, or watermain utilities. I 2) Drainage and utility easements that eontain underground storm sewer, sanitary \ sewer, or watermain utilities. I 3) Drainage and utility easements that serve as inspection and maintenance aecess I points for City personnel. I 4) Drainage and utility easements that serve as ponding basins. I 5) Trail or pedestrian easements. I 1 Any fence, plantings, or other landscape improvements installed within a drainage I and utility easement are subject to removal as necessary for the installation, repair, I maintenance, access or removal of public utilities and/or drainage improvements. The I property owner shall be responsible at their expense for both the removal costs and I reinstalling any improvements within the drainage and utility easement that were I removed in order to utilize the drainage and utility easement. I I I 1. Standard lot line drainage and utility easements that do not contain underground I storm sewer, sanitary sewer, or watermain utilities. I Fences, trees, bushes, I gardens, lawn irrigation 1~ .stan'da~d Lot kine, Easement I systems and other types of landscaping are permitted as I long as the improvements meet City ordinance requirements and applicable permits are granted. However, these improvements cannot impede drainage flow. I I I I - -- - -- - - I -- - ---- 2. Drainage and utility easements that contain underground storm sewer, sanitary sewer, or watermain utilities. No fences, trees, landscape timbers or block, play structures, utility sheds or hedges and other large bushes shall be installed within drainage and utility easements that contain underground storm sewer, sanitary sewer, or watermain utilities. Small gardens, small bushes and other low level landseaping is permitted within these easements as long as such improvements do not block inspection and maintenance access to the underground No Fences, Trees, or structures Within Easement. utilities. Gardens and Low Level Landscaping Permitted. I 3. Drainage and utility easements that serve as maintenance access points for I City personnel. I No fencing or landscaping improvements are permitted within a drainage and utility I easement that will impede inspection or maintenance access points for City personnel. I 3. :\Iaintenance Access Drainage and Utility Easement I I I I I I :Ko fencing or lanmcaping that mIl impede acce:;.z br Cit), Perzonnel. --- -- -- ----- ---- --- 4. Drainage and utility easements that serve as ponding basins. Non-slat chain link fences ~ or split rail type fences, 4. Ponding Basin Drainage & Utility Easements trees, bushes, landscape walls, and other landscape materials may be permitted within drainage and utility easements that serve as ponding basins provided they are: approved by the Public Works Department; are installed above the 100 year high water level for the pond; and do not impede water flow or maintenance access to the pond. The Publie Works Department may require the installation of gates for fenee installations that may restrict access to the ponding basin. All of the ground surface within the ponding basin area at or below the 100 year high 1 I water level for the pond must be vegetated with grass or other suitable ground cover I approved by the Publie Works Department. No mulch, gardens, bushes or bare soil shall be permitted within the ponding basin area at or below the 100 year high water level for the pond. 5. Trail or pedestrian easements. Trail Easements No private fenee or landscaping improvements are permi tted within trail or pedestrian easements. ~~ - CITY OF SHAKOPEE 129 SOUTH HOLMES STREET. SHAKO PEE . MN . 55379 Phone (952) 233-9300 . Fax (952) 233-3801 SHAKOPEE www.ci.shakopee.mn.us Fence Permit Application COMMUNITY PRIDE SlNCE 1857 Site Address: Applicant: Check One: D Property Owner D Contractor Address: City State Zip Day Phone ( ) Cell Phone ( ) TYPE OF FENCE: CORNER LOT? _YES NO - (Please submit (2) two copies of a site plan of lot showin2 the fence location) (Fences over six (6) feet in hei2ht require a Conditional Use Permit) ACKNOWLEDGEMENTOFO~R I hereby acknowledge the following: a) I have reviewed and understand the requirements of Shakopee Ordinance Section 4.03 regarding the installation of fences and Shakopee Ordinance Section 7.18 relating to easement encroachments. b) I will install my permitted fence entirely on my property and in accordance with the ordinance. The fence will not encroach onto adjacent properties or easements that are prohibited per code and adopted City policy. c) When installing any part of this permitted fence into an easement, the City of Shakopee or any entity permitted to use the easement, shall be held harmless for any breakage or disrepair to the fence that might occur when work is performed in the easement. In addition, the City of Shakopee is not responsible or liable for the reinstal- lation of any fence removed. Signature of Applicant (if not owner) Date Signature of Owner Date 6 ft. or less: $25.00 PERMIT FEE PERMIT # .: Office Use Only: .. Payment received in the form of: Community Development Approval By: Date: . Engineering Department Approval >t. '-, --r~'-"-'.-'"I\' -O~, - ---,,;!,>t"'_OO-;;i;'F ' .- -"" --;"./ ini "I" -----~,<;',-""-,,"M.\ CITY OF SHAKO PEE INSPECTIONS DIVISION 129 South Holmes Street, Shakopee, MN 55379 (Phone) 952-233-9300 (Fax) 952-233-3801 FENCE REQUIREMENTS 1. Complete a permit application form. 2. Enclose (2) eopies of the lot survey showing the loeation of the fence in relation to the lot lines. 3. The maximum fence height for residential fenees is six (6) feet. 4. Fences within the required front yard setback shall not exceed three (3) feet in height. 5. Fenees must be set back from the property line. Property corner irons must be loeated, exposed and verified at the final inspeetion. NOTE: The curb is not the property line. Front property lines are typically located 9-15 feet in from the curb line. 6. Fences must be built so that the side containing the framing supports and cross pieces face the interior ofthe fence owner's lot. "Good side" must face adjoining properties. 7. Portions of fences within the corner site triangle on corner lots shall not exceed three (3) feet in height. The two sides ofthe corner site triangle commence at the corner of the lot located at the intersection of the two local streets and run a distance of thirty (30) feet along the gutter lines of the streets. The third side of the triangle (the hypotenuse) is a straight line joining the end points ofthe adjacent lines. 8. Call for a final inspeetion upon completion ofthe fenee. Property lines must be located and the approved survey must be on site. 9. State law requires that utilities be loeated prior to any construction. Call Gopher State at (651)454-0002. ENGR/2007PROJECTS/2007COUNCIUFENCE-REQUIREMENTS ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made as of the _ day of , 2007, by and between the City of Shakopee, a Minnesota munieipal corporation ("City") and ("Property Owner"). RECITALS A. Property Owner is the owner of property loeated at , City of Shakopee, County of Scott, State of Minnesota, legally described in attached Exhibit A ("Property"); and B. The Property IS subject to an easement m favor of the City for purposes legally deseribed in attaehed Exhibit B ("Easement"); and C. Property Owner would like to construct and install on the Property ("Improvements") within an area within the Easement, legally described and shown on attached Exhibit C ("Encroachment Area"); and D. The City has agreed that Property Owner may construct, repair and maintain the Improvements within the Encroachment Area on the condition that Property Owner execute this Agreement; and AGREEMENT NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: 1. Property Owner may construct, repair and maintain the Improvements within the Encroachment Area. 2. That the permission granted by the City by this Agreement is limited exclusively to the proposed Improvements within the Encroachment Area. 3. This Agreement shall not prevent or impair the use of the Encroachment Area for and access purposes by the City or any other entity entitled by law to so use the Encroachment Area. 4. In the event the City needs to maintain, operate, repair, aceess or remove any improvement located within the Encroaehment Area and the Improvements interfere with such maintenance, operation, repair, access or removal, the City shall provide notice to Property Owner pursuant to Paragraph 8 of this Agreement. Property Owner agrees to pay the cost of removing the necessary portion of the Improvements in order for the City to exercise its easement rights. Property Owner shall be responsible for the costs of restoring or reinstalling the portion of the Improvements that was removed. Any damages to the Improvements resulting from the City's activities shall be borne and assumed by Property Owner, provided, however, that the City shall be responsible for any damages eaused by the negligence or willful misconduct of the City, its officials, employees, contractors and agents. 5. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 6. Property Owner shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in conneetion with or caused by any act, omission or negligence of Property Owner, his/her eontractors, licensees, invitees, agents, servants or employees in connection with the construction, repair or maintenance of the Improvements. The City shall indemnify, defend, protect and hold harmless Property Owner from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or eaused by any act, omission or negligence of the City, its contraetors, licensees, invitees, agents, servants or employees in connection with its activities concerning the improvements located within the Encroachment Area. 7. Property Owner agrees not to suffer or allow any liens, claims and processes to be placed against the City's rights to or interest in the Encroachment Area as a result of its use of the Encroachment Area, including, without limitation, any liens for labor or materials provided for the construction, repair or maintenance ofthe Improvements. 8. Required notices to the parties to this Agreement shall be in writing, and shall either be hand delivered or mailed by registered or certified mail to the following addresses: a) As to the City: City of Shakopee 129 South Holmes Street Shakopee,MN 55443-4300 Attn: City Administrator b) As to Property Owner: 311212vl SJS SH155-23 2 Attn: or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. 311212vl SJS SHl55-23 3 CITY OF SHAKO PEE By: John Schmitt Its: Mayor By: Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2007, by John Schmitt, Mark McNeill and Judith S. Cox, the Mayor, City Administrator and City Clerk respeetively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public 311212vl SJS SH155-23 4 Property Owner By: STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Notary Seal This document was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 311212vl SJS SH155-23 5 9 fZ;-~~1HS SfS lAZIZlI f AlJadoJd all} JO uondp:.lsaa IB~al V ~IRIHX~ EXHIBIT B Legal Description of the Easement 311212vl SJS SH155-23 7 EXHIBIT C Legal Description of the Encroachment Area 311212vl SJS SH155-23 8