Loading...
78-04 - Landscaping Bonds ZOA pt 2ORDINANCE NO. 404-A3 AN ORDINANCE AMENDING ORDINANCE NO. 404 TO PROVIDE FOR APPEALS FROM DECISIONS OF THE BUREAU OF FIRE PREVENTION AND THE CITY PLANNER, AND FOR SECURITY IN ADDITION TO PERFORMANCE BONDS FOR LANDSCAPING, SCREENING, AND EROSION CONTROL WORK THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 10 of Ordinance No. 404 is hereby amended to read as follows: "Sec. 10. Appeals to Building Construction Appeals Board and the Board of Appeals and Adjustments. Any person who deems himself aggrieved by any order, requirement, permit decision,.refusal, or determination made by the Building Official, any person referred to in paragraph (B) of Sec. 202 of Chapter 2 of the DBC, the City Plumbing Inspector, the City Mechanical In- spector, the Bureau of Fire Prevention, or the Public Health Sanitarian in the application or administration of the ordinances of the City regulating construction, alteration, moving or demolition of buildings, the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or heating, ventilating, air conditioning or refrigeration equipment, or the installation, alteration or removal of electrical wiring or equipment, may appeal therefrom to the Building Construction Appeals Board created by Ordinance No. 402, and any person who deems himself aggrieved by any order, request, refusal, or determination made by the City Planner in the application of this ordinance relating to the delivery of site plans, schedules, and security for landscaping, screening, and erosion control work, or the approval of such work, may appeal therefrom to the Board of Appeals and Adjustments established by Ordinance No. 811, except that all actions under Sec. 203 of Chapter 2 of the UBC shall be in accordance with Sections 3 through 11, inclusive, of Ordinance No. 471." Sec. 2. Section 13 of Ordinance No. 404 is hereby amended to read as follows: "Sec. 13. Site Plan, Planting Schedule and Security for Landscaping and Other Work. "(a) Site Plan and Planting Schedule. In every case where landscaping, screening or erosion control measures are required by any ordinance of the City, or as a condition to any approval granted by the City pursuant to any ordinance of the City, for any building or structure, or for land -disturbing activity as defined in Section 3 of Ordinance No. 817, other than the construction of one single or two-family residence or structure whose use is accessory thereto, to be constructed or conducted on any. property within the City, the applicant for the required permit or approval shall file with the City Planner, for review and approval pursuant to the applicable ordinance, a site plan of the property drawn to a scale of not less than 100 feet to one inch, showing in detail the landscaping, screening and erosion control work to be done on the site. Such site plan shall be prepared by a registered architect, landscape architect, professional site planner, or other person experienced in such work and acceptable to the City Planner. The applicant shall also file with the City Planner a planting schedule that shall 56-E Ordinance No. 404-A3 Page Two specify the Latin name, common name, caliper, and quantity of all vegetative materials shown on the site plan, together with a time schedule for the construc- tion and completion of all such landscaping, screening, and erosion control. "(b) Security. The applicant shall also file with the City Planner sec- urity in the form of a performance bond, letter of.credit, or cash deposit, as determined by the City Planner, to ensure that the landscaping, screening, and erosion control work is done pursuant to the site plan and within the time schedule therefor, all as set out in (a) of this Sec. 13, and to ensure that the vegetative materials used in any such landscaping, screening, and erosion control work that die within two complete growing seasons as below set out in this paragraph (b) are replaced. The security shall be in an amount to be determined by the City Planner, but for at least one and one-half times the amount estimated by the City Planner as the cost of completing the required landscaping, screening, and erosion control measures and not to exceed twice such amount. If a performance bond is used, it shall be with a corporate surety authorized to do business in Minnesota and approved by the City Council. If a Letter of Credit is used, it shall be from a national or Minnesota state bank approved by the City Council, shall be unconditional and irrevocable, and shall provide that funds up to the total amount of the Letter of Credit will be paid to the City, from time to time, upon written demand of the City. If a cash deposit is used, such cash shall be deposited with and held in escrow by a national or Minnesota state bank having an office in the City, and a written agreement signed by the applicant and the bank shall be delivered to the City Planner, whereby the funds in escrow will be paid to the City from time to time, upon written demand of the City. Where such landscaping, screening, or erosion control measures do not include the use of vegetative materials, the security therefor shall_ be in force until such landscaping, screening, or erosion control measures have been completed and approved by the City Planner. Where such landscaping, screening, or erosion control measures do include the use of vegetative materials, the security therefore shall be in force for at least two complete growing seasons subsequent to the completion and approval of such landscaping, screening, or erosion control measures by the City Planner. "(c) Plan, Schedule and Security To Be Filed. No building permit or approval shall be issued until the site plan, planting schedule, and security required under this Sec. 13 have been filed with the City Planner." Sec. 3. This ordinance shall be in full force and effect upon its pass- age and publication. First Reading: February 2, 1976 Second Reading: February 23, 1976 Published in the Edina Sun on October 20, 1976. (signed) JAMES VAN VALKENBURG Mayor ATTEST: signed) FLORENCE B. HALLBERG City Clerk