Washington County, Minnesota
ORDINANCE NO. 1855
AN ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, PROVIDING THAT THE CITY CODE BE AMENDED BY AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, SECTION 6-24, PERMIT TO DEMOLISH A BUILDING.
THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY MINNESOTA, DOES ORDAIN:
1855.01 The Woodbury City Code is hereby amended by amending Chapter 6, Buildings and Building Regulations, of the City Code by adding Section 6-24 Permit to Demolish a Building, as follows:
Sec. 6-24. - Permit to Demolish a Building
(a) - Permit required.
No person shall commence or proceed to wreck, demolish or tear down any building or structure within the city without first having obtained a permit from the city. Further, no person shall remove or salvage any building fixture or real property from the building or structure to be wrecked until the permit required by this chapter has been obtained.
(b) - Permit exception.
This chapter shall not apply in cases where partial wrecking is necessary in connection with a concurrent remodeling or altering of existing buildings or new construction work on the same site for which a building permit has been issued. If delay in construction occurs on the new building, the city reserves the rights to require a demolition permit as provided below.
(c) - Inspection
All wrecking, demolition or tearing down of buildings or structures within the city shall be subject to the inspection by the city and to such reasonable restrictions and conditions as it may impose to avoid all preventable hazards to life, property or health.
(d) Application- Required Demolition Plan and Submissions Prior to Permit Issuance.
(a) A Demolition Plan shall accompany any application for demolition of building(s) and be reviewed and approved by the chief building official or his designee prior to the issuance of a demolition permit. The Plan shall address, to the satisfaction of the city, the following:
(1) The method of demolition shall be clearly identified. Based on the determined method of removal, a plan for mitigating dust, debris, noise, traffic, air pollution and all other items identified by the City shall be subject to review and approval of the city prior to the issuance of a permit to demolish a structure. If explosives are utilized, a mitigation step shall include a mailed notification to all properties within 1,000 feet of the property identifying the time and date of all explosive activity. The notification shall be mailed no less than seven days prior to the event.
(2) A material and debris removal plan shall be supplied with the application. The plan shall identify the total volume of debris removed, estimated number of vehicle trips and haul routes necessary to remove the material and debris, and the projected duration of the work. Duration of work shall include daily hours of operation for both hauling and wrecking as well as the projected commencement and completion dates of the project. The city may require modifications of the submitted plan to ensure the intent of this chapter is met. The city may, at its discretion, require modifications of haul routes and/or hours of operation to protect the public interest and safety.
(3) Utility Severance Plan. All municipal water and sanitary sewer connections shall be disconnected, plugged or discontinued at the location consistent with city ordinance and as determined by the city engineer. All stormwater facilities, ponds, ditches and drainage pathways onsite shall not be altered without written approval by the city. Private utilities consisting of electric, natural gas, cable, phone and other regionally provided utility services shall be identified on the demolition plan as removed or disconnected and abandoned in place.
(4) Commencement and Completion Plan. Once the wrecking of any building or structure has commenced, the demolition shall be diligently pursued to completion and shall include the wrecking and removal of all foundations, footings, and floor slabs. The wrecking shall also remove all steps, stoops, private sidewalks, accessory buildings, and hard-surface parking areas and driveways unless such removal is specifically exempted by the city.
(5) The wrecking of any building or structure shall include the removal and/or modification of all adjacent access roads, required turn lanes, medians, intersections controls, private drives and the like as identified by the city engineer. Reconstruction and restoration of impacted areas may be required and all costs incurred shall be the responsibility of the permit holder with security provided as identified in article 6-24 (f).
(6) All piping, heating plants, fuel storage tanks (above or below ground), appliances, and other such debris shall be removed from the premises unless such removal is specifically exempted by the city.
(7) All parking lot lights, parking lot curbing, parking lot impervious surface and the like shall be removed from the premises unless such removal is specifically exempted by the city.
(8) The site shall remain secure at all times and depending on size and location the city may require the applicant to provide a security plan for the period of time of the demolition. This may include security personnel, fencing, or other methods to secure the site. Final security details shall be provided as part of the demolition plan with modifications occurring if directed by the city as the demolition on the site is concluded.
(9) All items identified in Chapter 7 - Land Disturbance and Erosion and Sediment Control Ordinance shall be conformed with and all applicable permits identified within shall be applied for and received.
(10) The excavation area remaining after the removal of a building or structure shall be filled to the level of the surrounding grade with clean fill material. Said fill shall be compacted at an optimum moisture content to obtain proper compaction. Topsoil measuring six (6) inches in depth and of a quality to enable ground cover to grow shall be provided. Following placement of topsoil, seed or sod shall be placed immediately with ground cover present within 30 days.
(11) All impacted areas shall be restored as directed by the city engineer.
(12) The building permit holder shall be responsible for all applicable permits including MPCA, Watershed, or other Federal, State, or local jurisdictions with permit authority.
(e) - Security to ensure completion and protection of infrastructure.
(a) No permit shall be issued until a cash payment or Letter of Credit, on the approved City form, is submitted to ensure prompt completion of the proposed work. The security shall be equal to 125 percent of the estimated cost to demolish or tear down the building(s), hauling and removal cost and the cost of the capping, removal, or modification of identified onsite and offsite infrastructure pursuant to this Chapter. The amount of the required security shall be approved by the city engineer.
(b) The permit holder shall be responsible for all costs related to inspection, administration, review and enforcement for all items contemplated by this Chapter. The city may require a cash escrow be posted as a condition of permit release.
(f) - Prevention of nuisances.
Each person engaged in the wrecking, demolition or tearing down of any building or structure within the city shall conduct said work in such a manner as not to create a nuisance to persons on public streets, rights of way or on neighboring property. Material removed from the structure shall not be permitted to fall into streets, alleys or adjacent property nor shall it otherwise create a public nuisance. All debris generated shall be monitored and controlled as to prevent dust from entering public streets or on neighboring property.
(g)- Notice of completion.
Upon completing the wrecking, demolition or tearing down of any building or structure the permit holder shall immediately notify the city in writing that such work has been completed to facilitate final inspection by the city in advance of security release.
In the event that a court of competent jurisdiction adjudges any part of this chapter to be invalid, such judgment shall not affect any other provision of this Chapter not specifically included within the judgment.
1855.03 Repeal of Inconsistent Ordinances
Any and all ordinances of the City of Woodbury inconsistent with this ordinance or codes herein adopted are expressly repealed.
1855.04 Effective Date
This ordinance shall become effective upon its passage and publication according to law.
Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota this 25th day of July, 2012.
Mary Giuliani Stephens, Mayor
Clinton P. Gridley, City Administrator (SEAL)