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HomeMy WebLinkAbout0490 t, ORDINANCE NO. 490 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE LAREVILLE CITY CODE CONCERNING BIIBDIVISIONB THE. LAKEVILLE CITY COUNCIL ORDAINS AS FOLLOWS: Section 1. Section 10-2-2, subparagraph (A) of the Lakeville City Code is amended to read: A. Fi]:ing: Twenty-five (25} copies of the preliminary plat. and list of property owners located within three hundred fifty (350) feet of the subject property obtained from and certified by an abstract company, shall be submitted to the City Administrator. The required filing fee(s) as established by City Council resolution shall be paid and any necessary applications for variances from the provisions of this Title .shall be submitted with the required fee. The plat shall be officially submitted when all the information requirements are complied with. Section 2. Section 10-2-2, subparagraph (D) of the Lakeville City Code is amended to read: D. Review by Other Commissions or Jurisdictions; The City Administrator shall refer copies of the preliminary plat to .the Park and Recreation Advisory Committee, Dakota County Soil and Water Conservation District, Environ- mental Affairs Committee, County, Metropolitan, State, or other public jurisdictions for their review and comment, where appropriate and when required. Section 3. Section 10-3-2 of the Lakeville City Code is amended in its.. ,entirety to read: Sec. 10-3-2: PRELIMINARY PLAT. The subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information, preliminary utility plan, and preliminary grading plan. The plans shall contain the information set forth in the. subsections which follow: A. PRELIMINARY PLAT. 1. Generale Requirements: a. Proposed name of subdivision; names.. shall not duplicate or too closely resemble names of existing subdivisions. 2782 r02/18/93 r b. Location of boundary lines in relation to a known section, quarter section, or quarter-quarter section lines comprising a legal description of the property. c. Names and addresses of all persons having property interest, the developer, designer, and surveyor together with his registration number. d. Graphic scale or plat, not less thanone inch to one hundred feet (1" 100'). e. Date and north arrow. f. .Identify portions of property that are registered (torrens). 2. Existing Conditions: a. .Boundary line and total acreage of proposed plat, clearly indicated. b. Existing zoning classifications for land within and abutting the subdivision, including shoreland zoning boundaries. c. Location, widths, and names of all existing or previously platted streets or other public ways, showing type, width, and condition of improvements, -if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of three hundred fifty (350) feet beyond the tract. d. Boundary lines of adjoining unsubdivided or subdivided. land, within three hundred fifty (350) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider. e. In plats where public water and sewer. are not available, the subdivider .shall file a report prepared. by a certified soils evaluator or registered civil engineer on the feasibility.. of individual on-site sewer and water. systems on each lot, and shall include soils boring analysis and .percolation tests to verify conclusions. 3. Proposed Design Features: a. Layout of proposed streets showing the right-of-way widths, :center line gradients, typical street sections, and proposed names of streets in conformance with the Dakota County Uniform Street 2782 2 r02/18l93 Naming and Addressing System. The name of any .street heretofore. used in the City or its environs. shall not be used unless the proposed street is a logical extension of an already named street, in which event the. same name shall be used.. b. Locations and widths of proposed alleys and pedestrian ways. c. Location, dimension,-.and purpose of all easements. d. Layout, numbers, lot. areas,. and. preliminary dimensions of .lots and blocks, e. Minimum front. and side .street building setback 11nes. f. When lots are located on a curve, the width. of the. lot at the building setback line. g. Areas, other than streets, alleys, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use., including the size of such area or areas in acres. 4. Supplementary Information: a. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the City staff., consultants, advisory bodies, and/or City Council. b. Proposed .protective covenants. c. An accurate soil survey of the subdivision prepared by a qualified person. d. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of .type, weakness, _maturity, potential hazard, infesta ion, vigor, density, and spacing. e. Statement of the. proposed use of Lots stating type of buildings .with. number of proposed dwelling units or type of business or industry, so as to reveal the effect of the .development on traffic, fire hazards, and congestion. of population. f. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning. planshall be for information only and shall not vest any right in the applicant. 2782 3 r02l18l93 g. The subdivider shall be required to submit a sketch plan of adjacent properties so as to show the possible relationships between the proposed subdivision and future subdivisions. All subdi- visions shall be required to relate well with existing or potential adjacent subdivisions. h. Where structures' are to be placed on large or excessively deep lots which are subject- to potential replat, the preliminary plat shall indicate a logical way in which the lots could .possibly be resubdivided in the future. i. When the. City has agreed to install improvements in a development, the developer will be required to furnish a financial security satisfactory to the City. j. .Such other information as may be required. B. PRELIMINARY GRADING PLAN. The developer shall .submit a preliminary grading, drainage., and erosion control plan which must include the. following information: 1. .North arrow, scale (not less than 1' = 100'), and legend, 2. Lot and block numbers, house pad location, home style and proposed building pad elevations at garage slab and lowest floor for each lot. 3. Topography in two (2) foot contour intervals with.. existing contours shown. as dashed lines. and proposed contours as solid lines. Existing topography shall extend 150 feet outside of the tract. 4. Location of all natural features on the tract. Natural features are considered to include, but are not limited to the following: tree lines, wetlands, ponds, .lakes, streams, drainage channels, bluffs, steep slopes, etc. 5. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within one hundred fifty (150) feet of the tract. Existing pipe grades, rim and invert elevations., and normal and high water elevations must be included. 6. Tf plat is located within or adjacent to a 100-year floodplain, flood elevations and locations must be clearly shown..on the plan. 7. Spot. elevations at drainage break points and directional arrows indicating .site, swale, and lot drainage. 2782 4 r02/t8/93 8. Locations, grades, and rim and invert elevations of all storm sewer facilities,.. including ponds,_ proposed to serve the tract. 9. Location and elevations of all street high and. low points. 10. Street gradesshown, with a maximum permissible grade of ten. percent. (10~) and a minimum of 0.5~. 11. Phasing of grading. 12. The location of all oversize nontypical easements. 13. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure must be included on the plan. 14. A11 revegetation measures proposed for the tract, including seed and mulch types and application rates must be included on the plan. 15. Tree preservationplan. C. PRELIMINARY UTILITY PLAN. 1. Location,.. dimension,: and purpose of all easements. 2. Location and size of existing sewers, water mains,: culverts, or other underground facilities within the tract and to a distance of one hundred fifty (150} feet beyond the tract. Such data as grades, invert.elevations, and location of catch basins, manholes,. and hydrants shall also be shown. 3. Water .Supply: Water mains.. shall be .provided to serve the ..subdivision by extension of an existing community system wherever feasible. Service connections shall be stubbed into the .property line_and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the design standards as approved by the City Engineer and in accordance with the City's Comprehensive Water Plan. In areas where public water supply is not available, individual wells shall be provided on each lot,. properly placed in relationship to the individual sewage disposal facilities on the-same and adjoining lots.. Well plans must comply with the Minnesota State Well Code,, as may be amended, and be submitted for the approval of the City Engineer. 4. Sewage Disposal, Public: Sanitary sewer mains and service connections .shall be installed in accordance with 2782 5 r02/18/93 the design standards of the City as approved by the City .Engineer. 5. Sewage Disposal, Private: All on-site septic systems shall be installed in accordance with all applicable State Pollution Control Agency regulations and City and County ordinances. 6. Locations, grades, rim and invert elevations, and sizes of all. proposed sanitary sewer facilities to serve the tract. 7. Location of all proposed hydrants and valves for the proposed water mains. Section 4. Section 10-3-3 of the Lakeville City Code is amended in .its entirety to read: Sec. 10-3-3: FINAL PLAT. The owner or subdivider shall submit a final plat, final .grading, development, and erosion control plan, final utility plan, and final tree preservation plan, together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes and Dakota County regulations, and such final plat shall contain the following information: A. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. B. Location by section, township, range, County and State, and including descriptive boundaries of the subdivision., based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error closure of any portion of a final plat shall be one foot (1'} in seven thousand. five hundred feet (7,500'). C. The location of monuments shall be shown and described on the final plat.. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles. and distances to such reference points or .monuments.. D. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves,.. and with all .other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines.. E. .Lots and outlots shall be numbered clearly. Blocks are to be numbered, with numbers .shown .clearly in the center of the block. 2782 6 r02/18/93 F. The exact locations, widths,. .and names of all streets to be dedicated. G. Location and width of all easements to be dedicated. H. Name and address of land surveyor making the plat. I. Scale of the plat shall be 20, 30,.40, 50, 60, or 100 scale with the scale shown graphically on a bar scale along with the date and north arrow.. J. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the stri~s marked "drainage and utility easements". i K. Statement dedicating all. streets, alleys, and other. public areas not previously dedicated as follows: Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. L. The final grading,. development, and erosion control plan must be prepared in accordance with the current City specifica- tions. M. A title report prepared by a title company indicating owners. and encumbrances on the property and a statement as to which parts of the property. are registered (torrens). Section 5., Title 10, Chapter 3 of the Lakeville City Code is amended by adding Section 10-3-6 to read Sec. 10-3-6: ENGINEERING STANDARDS FOR FINAL GRADING, DEVELOPMENT AND EROSION CONTROL: PLANS. The final Grading, Development and Erosion Control Plan shall contain the following information and comply with the following. standards: A. North arrow. B. .The. scale on the plan :must be one of the following: 1 inch = 20 feet 1 inch = 30 feet. 1 inch = 40 feet 1 inch = 50 feet Scale to be shown graphically on a barscale.. C. Key with all line types, symbols,-shading, and cross-hatching denoted. 2782 7 r02l18/93 D. Illustration key showing symbols for all information. pertaining to lot and house design, including grades, easements, lot and block, setbacks, etc. E. Benchmark. The benchmark provided must be based upon-the City/County benchmark system established in 1990. Copies of level loops for newly established benchmarks must be provided with the initial submittal of the Grading Plan. F. Subject property's boundary lines, lot lines, and right-of-way lines.. G. All adjacent plats, parcels, right-of-ways, section lines, and existing topography extended a minimum of 150 feet. beyond the subject parcel in all directions. H. Topography in two foot contour intervals with .existing contours shown as dashed lines and proposed contours shown as solid lines. All existing. and proposed contours labeled at each edge of the plan and at appropriate locations within the plan. I. Locations of all existing natural features must be clearly. shown. Natural features are considered to include, but not limited to, the following: tree lines, wetlands, ponds , Takes, streams, drainage channels, bluffs, steep slopes,.-etc. J. Location of existing storm sewer facilities within 150 feet of the subject parcel. K. If the property is within or adjacent to a 100-year flood- plain, flood elevations and locations must be clearly shown on the .plan. L. Total area of plat, all lots, outlots, and ponding areas denoted on plan (tabulation permitted). M. Direction arrows indicating site, swale, and lot drainage patterns. Spot elevations must be provided at drainage break points. N. Maximum 3:1 slopes. O. Lot and block numbers. P. Proposed lot corner elevations. Q. Street names. R. Emergency overflow swales located, .labeled,. and spot elevations. Rear or side lot line swales minimum 1.0°s grade sandy soils, and 1.5~ grade clay soils. S. All ponds, swales, and channels must be constructed on .public easements or land owned by the City. 2782 8 r02/18/93 T. Percent grades indicated along major drainage swales (more than 12 lots). U. Proposed :elevations at garage floor and lowest floor elevation. Proposed finished ground elevations around home for final grading. The top of the foundation and garage floor of all structures shall be minimum 18 inches above the grade of the crown (center) of the street. V. Style of homeindicated for each lot; e.g.,.rambler, split level, walkout, .full :basement, etc. W. Finished spot elevations at all high and low points. X. Locations of all temporary cul-de-sacs, Y. Locations of permanent street barricades. Z. Locations of all proposed storm sewer facilities. AA. Maximum of 600 ..lineal feet of drainage from rear yard areas permitted. Rear yard catch basins must be installed at the 600 foot mark, or as determined by the City Engineer. BB. Location of proposed draintile including cleanout locations and ,inverts of services to each lot (five feet from the lot line on the downstream side of .the lot).. Invert information is required only if depth of the is other than 36 inches City Standard Depth. CC. Location of all oversized drainage and utility easements. DD. All existing and proposed ponds must have Normal Water Level (NWL), 100-Year High. Water Level (HWL) shown and total volume (acre feet) of storm water retention indicated above the NWL. EE. Invert elevations of inlets and outlets into ponds.- FF. Location of tree preservation fencing, and limits of clearing and grading clearly shown on plans. GG. Designation of lots to be:...mass graded and custom graded. HH. Location of all structural erosion control measures including but not limited to the following: temporary. gravel construction entrances, temporary and permanent.. sediment basins, silt fence, staked .bales, storm sewer inlet filters, rock filter dikes, storm sewer outlet protection, erosion control mats, fiber blankets and nettings. II. Locations of soil stockpile areas with temporary stabili- zation measures indicated. JJ. Seeding specifications, includingz 2782 9 r02/18/93 - type of seeding (permanent, temporary, dormant) - type of seed and application rate - fertilizer type and application rate - mulch type, application rate, and method of anchoring - specifications for the installation and maintenance of erosion control mats, blankets, or netting - note requiring seeding to be completed within 48 hours of rough grading with revegetation to occur within 48 hours of fine grading KK. Standard lot benching detail must be provided.. LL. Standard details plates and maintenance information for each of the above measures used must also be included. MM. .Requirements for Certified Grading Plan: 1. A certified plan must be submitted within thirty (30} days of grading completion. 2. The "as constructed" grading plan must include certifi- cation by a registered land surveyor or engineer that all ponds, swales, and drainageways have been constructed on public easements or land owned by the City.. 3. The "as constructed" grading plan shall include field verified elevations as the following: - Cross sections of ponds. - Location and elevations of all swales, drainageways, and emergency overflows. - All lot corners and center of house pads. Section 6. Section 10-4-3, subparagraph (D) of the Lakeville City Code is amended to read: D. Temporary Cul-De-Sac: In those instances where a street is terminated pending future extension in conjunction with. future subdivision and more than 200 feet between the dead-end and the nearest intersection, a temporary turn-around facility shall be provided at the closed end, in conformance with cul-de-sac requirements. This temporary cul-de-sac must be placed..insde a temporary roadway easement if it is located outside street right-of-way. Security will be required for removal or restoration as determined by the City Engineer. Section 7. Section 10-4-3, subparagraph (H) of the Lakeville City Code is amended to read: H. Sidewalks and Multi-Purpose. Trailways: All city sidewalks shall have a minimum width of five (5) feet in residential plats, except along major collector and 2782 10 r02/ 18/93 arterial roadways which shall have a minimum width of six (6) feet and except sidewalks in commercial plats which shall have a minimum width of eight (8) feet. In new plats, unless otherwise directed by the City Council, multi-purpose trailways shall be installed on both sides of designated roadways as shown in the City's Comprehen- live Trail Plan. In new plats, unless otherwise directed by the City Council, all multi-purpose trailways identi- fied by .the City's Comprehensive Trail Plan shall have a minimum width of eight (8) feet and be constructed of bituminous materials. All new sidewalks and multi-purpose trailways shall be funded consistent with the City's policies and shall be accessible by handicapped persons in accordance with Minnesota State Statute § 471..464. Section 8. Section 10-4-3, subparagraph (K) of the Lakeville City Code is amended to read: K. Compliance With the Dakota County Thoroughfare Plan: All subdivisions incorporating streets which are identified in the Dakota County Thoroughfare Plan, as amended, shall comply with the minimum right-of-way, surfaced width, and design standards as outlined in said plan, and must be reviewed .and approved by the Dakota County Plat Commission. Section 9. Section 10-4-3, subparagraph (L) of the Lakeville City Code is amended to read: L. Street Grades: Except when, upon the recommendation of the City Engineer, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets,. local streets, and alleys in any .subdivision shall not be greater than ten percent (10~). In addition, there shall be a minimum grade on all streets and thoroughfares of not less than five-tenths percent (.5~) unless approved by the City Engineer because of existing conditions. Section 10. Section 10-4-3, subparagraph (M) of the Lakeville City Code is amended to read: M. Curb Radius: The minimum curb radii for thoroughfares, collector streets, local streets, and alleys shall be as follows: Arterial and Collector Streets 25 feet Local .Streets 15 feet Alleys and Driveways 5 feet 2782. 1 1 r02/18l93 Section 11. Section 10-4-3, subparagraph (P) of the Lakeville City Code is amended to read: P. Street Right-of-Way Widths: Street right-of-way widths shall conform. with the following standards: High Density Minor Arterial Streets 150 feet Low Density Minor Arterial Streets 120 feet Major Collector Streets 100 feet Minor Collector Streets with sidewalks 80 feet Minor Collector Streets without sidewalks 66 feet Local Streets 60 feet Section 12. Section 10-4-3 of the Lakeville City Code is amended by adding subparagraph (Q) to read: Q. Street Sections.: The street section shall comply with design standards as set forth in the City of Lakeville Standard Specifications. All street designs are subject to the. review and. approval of the City Engineer. Section 13. Section 10-4-3 of the Lakeville City Code is, amended by adding subparagraph (R) to read: R. Alleys: Paved service access shall be provided in commercial and industrial districts for off-street loading, unloading, and parking consistent with and adequate for the uses proposed. Except where justified by special. conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than thirty (30) feet wide. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turn-around facilities are ..provided. at the closed end. Section 14. ` Section 10-4-3 of the Lakeville. City Code is amended by adding subparagraph (S) to read: S. Seeding. or Sodding: Any areas disturbed within the street right-of-way, at the time of construction, .shall be restored with a minimum of four (4) inches of topsoil and shall be seeded or sodded as directed by the City Engineer. Section 15. Section 10-4-5, subparagraph (E) of the Lakeville City Code is amended to read: E. Where the topsoil is removed, sufficient topsoil soil shall. be set aside for respreading over the developed area. Topsoil shall be restored or provided to a minimum 2782 1 2 r02/18/93 depth of four inches (4") and shall be of a quality at least equal to the soil quality prior to development. Section 16. Section 10-4-5 of the Lakeville City Code is amended by adding subparagraph (H) to read as follows: H. The developer shall comply with.. current City specifications for erosion and sediment control. Section 17. .Section 10-4-7 of .the Lakeville City Code is ...amended in its entixety to read: Sec. 10-4-7s PROTECTED AREAS. Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainage ways, watercourses, floodable areas, bluffs, steep slopes, or wooded areas, the design of said subdivision shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement .and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the. subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over eighteen percent (T8~), or twelve percent (12~) in shoreland areas, or result in significant alteration to the natural drainage system such that- adverse impacts cannot be contained within the plat boundary. Section 18. Section 10-4-8 of the Lakeville City Code is .amended by adding subparagraph (R) to read: R. Property being replatted with the same number of lots .shall be .exempt .from park and trail dedication requirements if similar requirements were satisfied. in conjunction with an earlier platting. If the number of dots is increased, then the park and trail dedication shall be based on the additional .lots added to the plat. Section 19. Title 10, Chapter 4 of the Lakeville City Code is amended by adding .section 10-4-11 to read: Sec. 10-4-11: TREE PRESERVATION. The following process. for preserving significant trees sha l be required of subdividers. Subdividers, however, are encouraged to 2782 1 3 'r02/18/93 I preserve all healthy trees of significant value even if the trees ..are less than six (6) inches in diameter. A. DEFINITIONS. The following words and terms, whenever they occur in this section, are defined as follows: Diameter The measurement of a tree's trunk measured 4.5 feet above the ground. Drip-line The farthest distance away from the trunk of a tree that- rain. or dew will fall directly to the ground from the leaves or branches of the tree. Significant Tree A healthytree measuring six (6) inches in diameter or greater. Tree A plancertified by a forester or Preservation landscape architect indicating all of Plan the significant trees in the proposed development or on the lot. The tree preservation plan shall include the size, species, and location of all significant, .trees.. proposed to be saved and removed on the area of development, and the measures proposed to protect. the significant trees to be saved. Tree Snow fencing or polyethylene laminar Protection safety netting placed at the drip-line of the significant trees to be preserved. The tree protection measures shall remain in place until all grading and construction .activity is terminated. B. SUBDIVIDERS: 1. Subdividers shall: a. Prepare a tree preservation plan .which shall be incorporated on the grading plan. b. Ensure the tree preservation plan is followed .during the plan development (mass grading). e. Submit a $500.00 security for the preparation of individual lot tree preservation plans for each mass graded lot with at least one significant tree to be saved and for each custom graded lot with at least one significant tree. The security will be included in the development contract. 2782 1 4 r02/18/93 2. The tree preservation plan must be certified by a forester or landscape architect. The forester or landscape. architect shall indicate on the plan the .following items: a. Mass graded areas. b. Custom graded lots. c. Size, species, and location of all significant trees. d. Identification of all significant trees proposed to be saved and significant trees: .proposed to be removed. e. Measures proposed to protect significant trees shall include but are not limited to: (1) Installation of snow fencing or polyethylene laminar safety netting at the drip line. (2) Placing fill .against the trunk of the .tree, on the root crown, and under. the drip-line of the tree shall be prohibited. (3) Installation of erosion .control :measures. (4) Prevention of change in soil chemistry due to concrete washout and leakage or .spillage. of toxic materials such as fuels or paints. (5) Pruning of oak trees must not take place from April 15 through July 1. If wounding of oak trees occurs, a nontoxic tree wound dressing must be applied immediately. Excavators must have a nontoxic tree. wound dressing with them on the development site. 3. During preliminary plat review, the-tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. If two (2) or more trees are preserved on each lot .(preferably the front yard of the lot), the landscape plan requirements of two 2-inch caliper trees is waived. 4. The subdivider shall provide a financial guarantee as part of the development contract to ensure protection of 2782 1 5 r02/18/93 " r all significant trees which were to have been saved but were actually destroyed or damaged. The subdivider shall provide a financial security for each mass graded lot with at least one significant tree to be saved and. a financial security for each custom graded lot with at least one significant tree as .part of the development contract to ensure tree protection. The financial security, generally $1,000 per lot, will be determined by the Community and Economic. Development Department based on the number and size of trees to be saved.. The security will be included in the erosion control section of the development contract. 5. After the mass grading has been completed and streets and utilities installed, the forester or landscape architect shall: a. Certify in writing to the City the. tree preservation plan was followed. b. Certify in writing to the City the tree protection measures were installed. c. Indicate which significant trees proposed to be saved have been destroyed or damaged. 6. If a significant tree indicated to be saved on the tree preservation plan is .destroyed or damaged, the tree. replacement policy will be enforced by the City. (See tree replacement guidelines). 7. The financial .security. will be released upon: 1) .certification in writing by the forester or landscape architect indicating the tree protection measures were. installed on mass graded lots and tree replacement is completed, if necessary; and/or 2) the builders have posted security for the custom graded lots. The location of the trees. being replaced will be determined on the individual lot tree preservation plan. C. HOME BUILDERS: 1. The City will require an individual .lot tree preservation plan prepared and incorporated on the required site survey for each custom graded lot with at least one significant tree. The plan shall be consistent with the original tree preservation plan for the plat. The homeowner, builder, .and the forester or landscape architect shall meet prior to the development of the individual lot tree preservation plan to determine the placement of the home where the fewest significant trees would be destroyed or damaged. The builder will be responsible for ensuring. the .tree. preservation plan is followed during..building construction. 2782 1 6 r02/18/93 r ~ . On mass. graded lots with: at least one significant tree. to be saved, builders -are. .required to follow the tree preservation plan for the plat. 2. The individual lot. tree preservation plan must be certified by a forester or landscape architect and signed by the homeowner. The forester or landscape architect will indicate on the plan the following: a. Size, species, and location of all'.significant trees. b. Identification of all significant trees proposed to be saved and significant trees. proposed to be removed. c. Measures proposed_ to protect significant. trees shall include but are not limited to: (1) Installation of snow .fencing or polyethylene. laminar safety netting placed at the drip-line. (2) Placing fill against the trunk of the tree, on the root crown, and under the drip-line of the tree shall be prohibited. (3) Installation of erosion control methods. (4) Prevention of change in .soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints. (5) Pruning of oak trees must not.. take place from April 15 through July 1. If 'wounding of oak trees occurs, a ..nontoxic tree wound dressing must be applied immediately.. Excavators must have a nontoxic tree wound dressing with them on the development. site. 3. Home. builders will be required to furnish the following items for tree preservation at the time .the building permit application is submitted for all lots with at .least one. significant tree: a. Security of $1,000.00 per lot for tree protection .requirements. b. Certification from a forester or landscape architect indicating tree protection measures are installed. 2782 1 7 r02/18l93 . ~ i c. Builders are liable for subcontractors which destroy or damage significant trees which were. indicated to be saved on the individual lot tree preservation plan. 4. Building inspectors will monitor the tree protection measures at the time of routine inspections. 5. Prior to the .issuance of a Certificate of Occupancy and. release of tree preservation security, the forester or landscape architect shall certify to the City in writing that all the tree protection measures identified on the tree preservation plan were installed .from-the start of construction to the end of construction and tree replace- ment is completed, if necessary. D. TREE REPLACEMENT POLICY: Subdividers and builders shall be required to'replace the significant trees which were indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. The subdivider and builder shall be required to replace each of the significant trees destroyed or damaged with two (2) replacement trees. Replacement trees must consist of nursery stock and be no less than the following sizes: 1. Deciduous"trees. no less than two (2) inches in .diameter. 2. Coniferous trees no less than six (6) feet high. Replacement trees shall be species similar to the trees which were destroyed or damaged and can include those species shown on the following .table: Deciduous Trees: Maples Oak Linden (Bass Wood) Ash Green Ash Birch Honey Locust Ginkgo (male only) Hackberry Kentucky Coffee Tree Coniferous Trees: Fir Spruce Pine Canadian Hemlock .European Larch Cedar Replacement trees shall not be placed on easements or street rights-of-way.. If tree .replacement is required on the individual lot because the builder destroyed or damaged a tree which was to be saved, the forester or landscape architect shall determine where the replacement trees shall be installed. 2782 1 8 r02/18l93. Sectioa 10. Section 10-5-1, subparagraph (B) of the Lakeville City Code is amended to read: B. Before a final plat. is .signed. by the City, the subdivider shall also furnish the City financial security in the form of a cash escrow or letter of credit. If the subdivider fails to perform any obligations under. the development contract, the City may apply the security to cure the default. 1. If the developer is going to .install public improvements, the required security shall be the sum of the following fixed or estimated costs: a. Utilities. b. Streets. c. Street lfights and operating cost for two (2) years d. Erosion control. e. Engineering, to include developer's design, surveying, and inspection. f. Landscaping. g. Storm sewer connection charges. h. Principal amount of special assessments previously levied against the property together with one year of interest. i. Real estate tax for one year,. if there are special assessments. j. City engineeringfees. k. Sanitary-sewer area charges. Section 21. °Section 10-5-1, subparagraph (D) of the Lakeville City Code is amended to read: D. The City shall, where appropriate, require of a subdivider submission of a warrantyjmaintenance bond in .the amount equal to the original cost of the improve- ments or such lesser amount as agreed to by the City Engineer. The required warranty period for materials and workmanship from the utility contractor insta ling public sewer and water mains shall be two (2) .years from the date of final acceptance or one. year following final acceptance of the final bituminous wearing. surface. as 2782 1 9 r02/18/93 approved by the City Engineer. The required period for. sod, trees, and landscaping is one growing season. .Section 22. Section 10-5-2, subparagraph (C) of the Lakeville City Code is amended to read: C. To insure that all irons and monuments are correctly in place following the final grading of a plat and construction of utilities, financial security will be required as determined by the City Engineer. Proof of the second monumentation shall be in the form of a surveyor's. certificate and this requirement shall additionally be a condition of certificate of occupancy as provided for in the City Zoning Ordinance, as may be amended. Section 23. Section 10-5-3, subparagraph (E) of the Lakeville City .Code is amended to read: E. The grading and drainage requirements for each plat shall. be approved by the City Engineer at the expense of the applicant. Every plat presented for final signature shall be accompanied by a report from the .City Engineer that the grading and drainage requirements have been met. In an area not having Municipal storm sewer trunk, the applicant shall be responsible, before platting, to provide for a storm water disposal plan, without damage to properties outside the platted area, and said storm water disposal plan shall be submitted to the City Engineer, who shall report to the City Council on .the. feasibility of the plan presented. No plat shall be approved before an adequate storm water disposal plan is ..presented and .approved by the City Engineer and City Council. The use of dry wells for the purpose of storm water disposal is prohibited. Section 24. Section 10-5-3-1 of the. Lakeville City Code is amended to read: Sec. 10-5-3-1: Future Street Improvements. As a condition of plat approval, when property being platted is adjacent to an existing collector .road., highway, or substandard. streets which need improvement, the developer shall dedicate land for the widening or .improvement and shall post a cash escrow acceptable to the City for of the cost of the improvement. This provision shall only apply when the need for the improvement is caused by the plan or surrounding development. Section 25. Section 10-5-5 of the Lakeville City Code is amended to read: Sec. 10-5-Se Off-Site Storm Water Improvement Construction Charge: In accordance with the City's compre-- hensive storm water plan as a condition of the 2782 2 0 r02/18/93 a subdivision approval, subdividers shall pay a charge for the construction of off-site storm water improvements. The square foot charge shall be established by resolution of the City Council. The charge shall be based upon the gross acreage of the subdivision less the area to be dedicated to the City for ponding, parks, and. wetland, .and right- of-way for state highways, county roads, and local arterial roadways. The subdivision will be given a credit for any on-site storm water improvement: which has been. oversized to serve property outside the subdivision. The charge for lots oversized due to individual on-site sewage disposal and water systems will be reduced to the charge that would be imposed on a one-half (1/2) acre lot. An additional. charge will then be imposed if the lot is further subdivided less a credit for the charge previously paid. The charge shall be paid in cash before the subdivision is approved by the City unless the City and subdivider agree that the charge may be assessed against the property. Section 26. Section 10-5-5-1 of the. Lakeville City Code is amended to read: Sec. 10-5-5-1: Exceptions: Property being replatted shall be exempt from the storm sewer charge requirements of Section 10-5-5 if the storm sewer connection charges were paid or assessed in conjunction with .the initial platting of the property and if the property is not being zoned to a classification with a higher charge.. Section 27. This ordinance shall be effective immediately upon its. passage and publication. ADOPTED by the City Council of the City of Lakeville this 1st day of March ~ 19 93 CITY OF LAKEVILLE BY: Du ne R. Zaun, r TES 1,~, ~ ~ Charlene Friedge Clerk 2782 2 1 r02/18J93 • ■ ■■■ti■■■s■r■■ole ooz$os nsea �e,aoeuo■, • 8E68£96 ■ •ezle lenbe to 111001.191.140U9 to ese4and ma LOIN ■ • • dn-peUnth . pezliopoaa . paoodweyg . peuae10 deea • • peueel3 ;ed.ieo • 10 woos eu° ■ • ■: 6uiruee� ..< • sso3•toton ; i• a ■ ■ nlodnoa L9CZ-69b :Ilse JO led )IOM Teogoe'8 aapeo- . IIIA )100H • VC >pe18 • stelae etry i(ennenu4 e 6ulpeJO kMena • WoM >lorul dwna • '� h"�#al�lilii BuponJi _31001111.0H is • in is NENE 9b99.0.9ti uol6uiw�e� 'Os 409 -ea e*oIeM .fuel pue uePuld 9A99 'BPeBN fluters pus iegwn1 Arlo); Iro poi en ass due ui ewo3 Jo II2Q ,»leap ugwrn mimes IlnA anoA, i, Ai \COO i I •ooinewn1 AIN RoovioNva 6992-I.9t7 • ALHOflOO IN Il ..peinsul : eaue!Jedx3;o me),ga --suopenoueu • Oul4slulA lueweseg • suonIPPV WOOF{ MedeEl ewoH Bus Bullepowey HOIOVW.N00 '11VMAHC l''''' " SHOIa31NI Sf1VHHO9HOI3N'tl 0S091,68 Imam m SaAt jaagremaacullein-pundis1130A a uJoosaiey8;b;rresuesua '819T -9L1, iaelueasn8 .mm( -9 •angd-givraualjos.ialutA oi3awo;nd £nnd S taluina But soya (Ie u Pra 9.0E ot a1 8Zbb-6 A 3 sisne sdn-eun sella 391AMBS $ nolisped , unnuod Q u- -99Li+-Zet •510Polu pue SWUM UV 'ZIIdd -RH eaN tas3os UMW& :. 9990-689 •dxa 'auf tiZ `snedau Nniaalsoi'ije;em `salus PhnA $ 4ed1s0 aaaPnti • S33IAH3S SS3NISf18 • si><e;ap pue soo .10; I8WZ=69-17W awl istitg9 riga d `uo!pas 6utsti anpe ► df i -6uuds„ jepads a ;o wed se `ssaad atddV aqy;o anssl £ Aeyi alp pue saum 28 (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rate allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. e s s.eit`:f:: s IA 0111 pez AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 490 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 29th day of March , 1993; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: "L>o--•-.. TITLE: Publisher Subscribed and sworn to before me on this 26th day of March ,1993. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY ky commission expires 1-1-97