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HomeMy WebLinkAboutNo 914 An Ordinance to the Maplewood Code Regarding Renewable Energy Systems (Wind, Solar, Geothermal) ORDINANCE NO. 914 AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING RENEWABLEENERGY SYSTEMS(Wind, Solar, Geothermal) The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new renewableenergy ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 1. Scope. This ordinance applies to the regulations of on-siterenewableenergy systems within the City of Maplewood, Ramsey County, MN.The ordinance focuses on wind turbines,solarsystems, and geothermal ground-source heat pumpswhich are located on the site for which the generation of energy will be used, with excess energy distributed into the electrical grid. Section 2. Purpose and Intent. It is the goal of the city to provide asustainable quality of life for the city’s residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. Citiesare enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of“promoting the health, safety, morals, and general welfare of the community.” As part of this regulatory power, Maplewoodbelieves it is in the public interest to encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community. WhileMaplewood strongly encourages increased energy conservation and improved energy efficiency, the city also finds that increased use of appropriate renewableenergy systems will be an important part of improving urban sustainability. The renewable energy regulations are intended to supplement existing zoning ordinances and land use practices, and ensure these systems are appropriately designed, sited and installed. These regulations are in place to balance the need to improve energy sustainability through increased use of renewableenergy systemswith concerns for preservation of public health, welfare, and safety, as well as environmental quality,visual and aesthetic values,and existing neighborhoodsocial andecological stability.With these regulations, Maplewood is concerned that renewableenergy systems, particularly wind energy systems,be designed to minimize the negative impactson bird and bat species which are vulnerable to mortality from these energy gathering machines. Section3.Wind Energy Sources andSystems a.Definitions, Wind Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaningprovided herein, except where the context clearly indicates otherwise: Feeder Line.Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point 1 of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. Ground mountedWECS.Freestanding WECS mounted to the groundwith footings or other apparatus. Large WECS. A WECS of equal to or greater than 100 kW in total nameplate generating capacity. The energy must be used on-site with excess energy distributed into the electrical grid. Large WECS are limited to one-hundred twenty five (125) feet in height. Property Line.The boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS.This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. Roof MountedWECS.AWECS utilizing a turbine mounted to the roof of a structure. Significant Tree.Any tree defined as a Significant Tree in the city’s tree preservation ordinance. Small WECS. A WECS of less than 100kW in total nameplate generating capacity. The energy must be used on-site with excess energy distributed into the electrical grid. Small WECS are limited to sixty (60) feet in height. Tower.Vertical structures that support the electrical generator,rotor, andblades,or the meteorological equipment. Tower Height.The total height of the WECS, including tower,rotor, and bladeto its highest point of travel. Turbine Cut-In Speed. The lowest wind speed at which turbines generate power to the utility system. Wind Energy. Kineticenergy present in wind motion that can be converted into electrical energy. WECS.AWind Energy Conversion Systemwhich is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to,power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy mustbe used on- site with excess energydistributed into the electrical grid. Wind Energy System.An electrical generating facility that consists of a wind turbine associated controls and may include a tower. Wind Turbine.A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. 2 b.WECS Districts 1.LargeWECS Districts. (a)Ground and RoofMounted LargeWECS shall beallowedwith approval of a conditional use permit as outlined in section d (conditional use permit procedure) in the following zoning districtsand land use designations: (1)Inall properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial,Shopping Center). (2)In all properties located in multiple dwelling residential zoning districts (Multiple Dwelling Residential and MultipleDwelling Residential Townhouse)for purposes of shared WECSenergy production among the residential dwelling units. (3)In all properties approved as a planned unit development for purposes of shared WECS energy production among the businesses/organizations,residential dwelling units, or adjoining businesses/organizations/residential dwelling units. (4)In all properties guided as Government or Institutional in the city’s Land Use Designations of the Comprehensive Plan. (b)Ground and Roof Mounted LargeWECS shall be prohibited in all properties guided as park oropen space in the city’s Land Use Designations of the Comprehensive Plan. 2.SmallWECSDistricts. (a)Roof Mounted Small WECSshall be deemed permissible in all zoning districts. (b)Ground Mounted Small WECSshall be deemed an accessory structure, permissible in the following zoning districts and land use designations: (1)In all properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial, Shopping Center). (2)In all properties located in multiple dwelling residential zoning districts (Multiple Dwelling Residential and Multiple Dwelling Residential Townhouse) for purposes of shared WECS energy production among the residential dwelling units. (3)In all properties approved as a planned unit development for purposes of shared WECS energy production among the businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. 3 (4)In all properties guided as Government or Institutional in the city’s Land Use Designations of the Comprehensive Plan. (5)In all properties guided as park in the city’s Land Use Designations of the Comprehensive Plan. (c)Ground Mounted Small WECSshall be deemed an accessory structure, permissible in double or single dwelling residential zoning districts if the following neighborhood consent requirements are met: Written consent of one hundred (100) percent of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested,or in the alternative, proof that the applicant’s property lines are one-hundred fifty (150) feet or more from any house. Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. c.Placementand Design 1.Ground MountedWECS. (a)Height (1)LargeWECS shall have a total height, including towerand blade to its highest point of travel, ofno more thanone-hundred twenty- five(125) feet. (2)Small WECSshall have a total height, including towerand blade to its highest point of travel, of no more thansixty (60) feet. (b)Placement (1)Large WECS shall be located as follows: a)Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the Large WECS or would lessen the negative impacts of such a WECS on nearby properties. b)Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, electric substation, transmission line, or other WECS. 4 In addition, the setback distance must be increased by twenty-five (25) feet from any property that is zoned or planned for residential. c)Have a minimum setback distance from the base of the monopole of one and one-half (1-1/2) times the height from any public right of way, occupied structure, or public use area. d)Have a minimum setback distance from the base of the monopole of six hundred (600) feet from any property guided as park or open space in the city’s Land Use Designations of the Comprehensive Plan. e)Have a minimum setback distance from the base of the monopole of one-fourth (¼) mile or one thousand three hundred and twenty (1,320) feet from any bluff. (2)Small WECS shall be located a)Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the Small WECS or would lessen the negative impacts of such a WECS on nearby properties. b)Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, public right-of-way, electric substation, transmission line, or other WECS. (c)Number (1)LargeWECS. One (1) largeWECS shall be allowed on a single lot of one (1) to five (5)acre(s). All other largerparcels will be limited to one (1) largeWECS per five (5) acres of land area. (2)SmallWECS. One (1)small WECS shall be allowed on a single lotup to one (1) acre in size.All other larger parcels will be allowedone (1) small WECSper five (5) acres of land area. (d)Design (1)Tower Configuration. All ground mountedWECS shall: a)Be installed with a tubular, monopole type tower. b)Have no guyed wires attached to the tower or other components. c)Have no ladder, step bolts, rungs, or other featuresused for tower access to extend within eight (8) feet of the 5 ground. Lattice-style towers shall have aprotective barrier to prevent unauthorized access to the lower eight (8) feet ofthe tower. (2)Signs. AWECS operator is required to provide a single posting, not to exceed four (4)square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, andproviding the emergency contact information for the operator. 2.Roof MountedWECS. (a)Height (1)Large Roof Mounted WECS: a)Total height of not more thantwenty-five (25) feet, measured from the top of the roof to the bladetip at its highest point of travel. (2)Small Roof Mounted WECS: a)Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. b)Residential Installation: In addition to the twenty-five (25) foot height restriction for the Small Roof Mounted WECS, the height of the WECS and the structure on which it is attached must not exceed the maximum height allowed in the residential zoning district for which it is installed. (b)Placement Roof mounted WECS must be erected abovethe roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. (c)Number (1)LargeRoof MountedWECS. The maximum number of Large Roof MountedWECS shall beapproved through the conditional use permit process. (2)SmallRoof MountedWECS. No more than three (3) roof mountedSmallWECS shall be installed on any rooftop. d.Conditional Use Permit Procedure.Procedures for granting conditional use permits from this ordinance are as follows: 1.The city council may approve conditional use permit requirements in this ordinance. 6 2.Before the city council acts on a conditional use permit the environmental and natural resources commission and the planning commissionwill make a recommendation to the city council. 3.In reviewing the conditional use permit the environmental and natural resources commission, planning commission, and city council will follow the requirements for conditional use permit approvals as outlined in Article V (conditional use permits). e.General Standards 1.The following provisions will apply to all WECSerected under the provisions of this ordinance: (a)Noise:Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA andshall conform to this standard under normal operating conditions as measured at anyproperty line. (b)Over Speed Controls: Shall be equipped with manual and automatic over speed controlsto limit the blade rotation within design specifications. (c)Lighting: Have no installed or accessory lighting, unless required by federal or stateregulations. (d)Intent to Install: Prior to the installation or erection of a WECS, the operator must provideevidence showing their regular electrical service provider has beeninformed of thecustomer’s intent to install an interconnected, customer-owned generator. Off-gridsystems shall be exempt from this requirement. (e)Signs: The placement of all other signs, postings, or advertisements shall beprohibitedon the units.This restriction shall not apply to manufacturer identification, unit modelnumbers, and similar production labels. (f)Commercial Installations:All WECSshall be limited to the purpose of on- site energy production,except that any additional energy produced above the total on-site demand may be sold tothe operator’s regular electrical service provider in accordance with any agreementprovided by the same or applicable legislation. (g)Feeder Lines:Any lines accompanying a WECS, other than those contained within the WECS’tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a WECS can be attached. (h)Clearance:Rotor blades or airfoils must maintain at least 20feet of clearance between their lowestpoint and the ground. (i)Blade Design: The blade design and materials must be engineered to insure safe operation in an urban area. 7 (j)Energy Storage:Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Minnesota Fire Code. 2.In addition to the provisions outlined in Section 3, item e(1) above, the following provisions will apply to large WECSerected under the provisions of this ordinance: (a)Color: Turbine paint color and high levels of ultraviolet and infrared components of paint could have an impact on the attraction of insect species to the structure, which may attract birds and bats and cause bird and bat mortality. As such, turbine paint color may be approved as part of the conditional use permit process and must be shown to reduce the negative impacts to birds and bats and be a non-obtrusive color so not to cause negative visual impacts to surrounding properties. (b)Warnings: A sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. (c)Environmental Standards: Theapplicant shall provide the following information in the conditional use permit application. The information will be evaluated in meeting the criteria of a conditional use permit for purposes of minimizingimpacts on the environment: (a)Natural Heritage Review by the Minnesota Department of Natural Resources. (b)Lands guided as park or open space in the city’s Land Use Designation of the Comprehensive Planthat are located within one(1) mile of the project. (c)Conservation easementsand other officially protected natural areas within a quarter mile of the project. (d)Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife corridors and habitat complexes. (e)All significant trees impacted by the project. (f)A plan for turbine-cut in speed strategies where feasible in order to reduce bird and bat deaths. Studies have shown that bird and bat fatalities would be significantly reduced by changing turbine cut-in speed and reducing operational hours during low-wind periods, evening hours (one-half hour before sunset to one-half hour after sunrise-only in spring, summer, and early fall), and migration times in spring and fall. 8 3.In addition to the provisions outlined in Section 3, item e(1)above, the following provisions will apply to small WECS erected under the provisions of this ordinance: (a)Color: Turbine paint color must be a non-obtrusive color so not to cause negative visual impacts to surrounding properties. f.Abandonment A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12)consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the WECS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 4. Solar Energy Sources and Systems a.Definitions, Solar Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Building-Integrated SolarSystem. An active solar system that is an integral part of a principal or accessory building,rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building- integrated systems include,but are not limited to,photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings. Ground MountedPanels.Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Photovoltaic System.An active solar energy system that converts solar energy directly into electricity. Roof or BuildingMountedSES. Solar energy system (panels)that are mounted to the roof or buildingusing brackets, stands or other apparatus. Roof Pitch.The final exterior slope of a building roof calculated by the rise over the run, typically,but not exclusively,expressed in twelfths such as 3/12, 9/12, 12/12. Solar Access.A view of the sun, from any point on the collector surface thatis not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. Solar Collector.A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Energy.Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. 9 Solar Energy System(SES). An activesolar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. Solar Hot Water System.A system that includes a solar collector and a heat exchanger that heats orpreheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. b.Districts Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. c.Placementand Design 1.Height (a)Roof or buildingmounted SESshall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integratedsolar systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices. (b)Groundmounted SESshall not exceed the height of an allowed accessory structure within the zoning districtwhen oriented at maximum tilt. 2.Placement (a)Groundmounted SES must meet the accessory structure setback for the zoning district in which it is installed. (b)Roofor BuildingMounted SES.The collector surface and mounting devices for roof orbuildingmountedSESshall not extend beyond the required setbacks of the building on which the system is mounted. 3.Coverage Groundmounted SES may not exceed the area restrictions placed on accessory structures within the subject zoning district. 4.Visibility (a)SESshall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials. (b)Building Integrated Solar Systems -Building integrated solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or 10 performance standards for the zoning district in which the building is located. (c)Ground mountedSES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. d.General Standards 1.Notification. Prior to the installation or erection of a SES, the operator must provideevidence showing their regular electrical service provider has been informed of thecustomer’s intent to install an interconnected, customer-owned SES. Off-grid systemsshall be exempt from this requirement. 2.Feeder lines. Any lines accompanying a SES, other than those attached to on- sitestructures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the areawhich the lines accompanying an SES can be attached. 3.Commercial. All SES shall be limited to the purpose of on-site energy production,except that any additional energy produced above the total onsite demand may be sold tothe operator’s regular electrical service provider in accordance with any agreementprovided by the same or applicable legislation. 4.Restrictions on SES Limited.No homeowners’ agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Maplewood shall restrict or limit solar systems to a greater extent than Maplewood’s renewable energy ordinance. 5.Maplewood encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Chapter 500, Section 30. e.Abandonment A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12)consecutive months, and which is not brought in operation within the time specified by the city, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 5. Geothermal Energy Sources andSystems a.Definitions, Geothermal Energy Sources andSystems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Closed LoopGround Source Heat Pump System.Asystem that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. 11 Geothermal Energy. Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. GroundSource Heat Pump System (GSHPS).Asystem that uses the relatively constanttemperature of the earth or a body of water to provide heating in the winter and cooling in thesummer. System components include closed loops of pipe, coils or plates; a fluidthatabsorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat forcooling; and an air distribution system.The energy must be used on-site. Heat Transfer Fluid.Anon-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%)by weight or aqueous solutions of potassiumacetate not to exceed twenty percent (20%)by weight. Stormwater Pond.These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. b.Districts Ground source heat pump systems (GSHPS) shall be deemed an accessory structure, permissible in all zoning districts. c.Placement and Design 1.Placement (a)All components of GSHPS including pumps, borings and loops shall be set back at least five (5)feet from interior and rear lot lines. (b)Easements. All components ofGSHPS shall not encroach on easements. (c)GSHPS are prohibited in surface waters, except for stormwater ponds where they are permitted. 2.Design (a)Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. (b)Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of the city’s zoning ordinance. d.General Standards 1.Noise. GSHPSshall comply with Minnesota PollutionControl Agency standards outlined in Minnesota Rules Chapter 7030. 12 e.Abandonment A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the GSHPS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 6.General Ordinance Provisions a.Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall beheld to be the minimum requirements for the protection of public health, safety and generalwelfare. This ordinance shall be construed broadly to promote the purposes for which it wasadopted. b.Conflict This ordinance is not intended to interfere with, abrogate or annul any other ordinance, ruleor regulation, statute or other provision of law except as provided herein. If any provision of thisordinance imposes restrictions different from any other ordinance, rule or regulation, statute orprovision of law, the provision that is more restrictive or imposes high standards shall control. c.Severability If any part or provision of this ordinance or its application to any developer or circumstanceis judged invalid by any competent jurisdiction, the judgment shall be confined in its operation tothe part, provision or application directly involved in the controversy in which the judgment shallbe rendered and shall not affect or impair the validity of the remainder of theseregulations or theapplication of them to other developers or circumstances. Section 7. Ordinance Placement The ordinance places all environmental ordinances under the Environment Chapter (Chapter 18) by adding Article V (Environmental Protection and Critical Areas) and including the following ordinances under the new Article: wetlands and streams, tree protection, slopes, Mississippi Critical Area, Flood Plain Overlay District, Shoreland Overlay District, and Renewable Energy. Following is the revisedChapter 18 Article headings: 13 Chapter 18 ENVIRONMENT Article I.In General Sec. 18-1- 18-25. Reserved. Article II.Nuisances Division 1.Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Sec. 18-32Nuisance affecting morals and decency. Sec. 18-33Nuisances affecting peace and safety. Sec. 18-34Enforcement of article generally. Sec. 18-35Continuing violations. Sec. 18-36Notice to abate. Sec. 18-37Abatement by council. Sec. 18-38Abatement on premises. Sec. 18-39Violations of article. Sec. 18-40Loitering. Sec. 18-41- 18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner and lienholders. Sec. 18-75Reclamation by owner or lienholder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of poundkeeper. Sec. 18-78Bond of poundkeeper. Sec. 18-79Insurance of poundkeeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. 14 Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86- 18-110. Reserved. Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114- 18-120. Reserved. Division 4. Clandestine Drug Lab or Chemical Dump Site Sec. 18-121 Purpose and intent. Sec. 18-122 Definitions. Sec. 18-123 Declaration of property as a public health nuisance. Sec. 18-124 Law enforcement notice to other authorities. Sec. 18-125 Seizure of property. Sec. 18-126 Action by city health environmental official. Sec. 18-127 Responsibilities of owner. Sec. 18-128 Owner’s responsibility for costs. Sec. 18-129 City authority to initiate cleanup and recovery costs. Sec. 18-130 Authority to modify or remove declaration of public health nuisance. Sec. 18-131 Penalties. Sec. 18-132 – 18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-141 Purpose. Sec. 18-142 Scope. Sec. 18-143 Definition. Sec. 18-144 Erosion and sediment control plan. Sec. 18-145 Review of plan. Sec. 18-146 Modification of plan. Sec. 18-147 Escrow requirement. Sec. 18-148 Enforcement; penalty. Sec. 18-149 - 18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required to start fire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.Environmental Protection and Critical Areas Division 1.Stormwater Management 15 Division 2.Wetlands and Streams Division 3.Tree Protection Division 4. Slopes Division 5.Mississippi Critical Area Division 6.Flood Plain Overlay District Division 7.Shoreland Overlay District Division 8.Renewable Energy The city council approved the second reading of this ordinance on October 10, 2011. 16