HomeMy WebLinkAbout0847ORDINANCE NO. 847
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE LAKEVILLE
CITY CODE, THE SUBDIVISION ORDINANCE, CONCERNING
STORM DRAINAGE, EROSION CONTROL AND WETLANDS
THE CITY. COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION L Section 10-4-3(R) of the Lakeville City Code is amended to read:
Seeding or Sodding: Any areas .disturbed within the street right of way, at the time of
construction, shall be restored with a minimum of six inches (6") of topsoil and shall be
seeded or sodded as directed by the city engineer.
SECTION 2. Section 10-4-5 of the Lakeville City Code is amended to read:
10-4-5: EROSION AND SEDIMENT CONTROL:
A. The. development shall conform to the natural limitations presented by topography and
soil so as to create the least potential for soil erosion.
B. Erosion and sediment control measures shall be consistent with Best Management
Practices (BMPs) for erosion and sedimentation control as specified in the Minnesota
Stormwater Manual (MPCA, 2005), as amended, and shall be sufficient to retain sediment on
site.
C. Erosion and sediment controls shall meet the standards for the General Permit
Authorization to Discharge Storm Water Associated With Construction Activity Under the
National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit
MN R10001 (NPDES General Construction Permit) issued by the Minnesota Pollution Control
Agency,. as amended. Final stabilization of the site must be completed in accordance with the
NPDES Construction Permit requirements.
D. Land shall be developed in increments of workable size such that adequate erosion and
siltation controls can be provided as construction progresses. The smallest practical area of land
shall be exposed at any one .period of time. When soil is exposed, the exposure shall be for the
shortest feasible period of time, as specified in the development agreement.
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E. Where the topsoil is removed, sufficient topsoil shall be set aside for respreading over the
developed area. Topsoil shall be restored or provided to a minimum depth of six inches (6") and
shall be of a quality at least equal to the soil quality prior to development.
F. Natural vegetation shall be protected wherever practical.
G. Runoff water shall be diverted to a sedimentation basin before being allowed to enter the
natural drainage system. All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a 10-year frequency storm without
erosion:
H. All temporary erosion and sediment controls shall be installed on all down gradient
perimeters before commencing the land disturbing activity and left in place and maintained until
the site has been stabilized. All permanent erosion control measures shall be installed and
operational per the design and as required by the City.
I. If the activity creates more than one (1) acre of disturbed area, and the activity is taking
place on a site where soils are currently disturbed (e.g., a tilled agriculturalsite that is being
developed), areas that will not be graded as part of the development and areas that will not be
stabilized according to the timeframes specified in the NPDES General Construction Permit Part
IV.B.S. shall be seeded with a temporary or permanent cover before commencing the proposed
land disturbing activity.
SECTION 3. Section 10-4-6 of the Lakeville City Code is amended to read:
10-4-6: STORM DRAINAGE:
All subdivision design shall incorporate adequate provisions for stormwater runoff consistent
with the Lakeville Stormwater Management Plan (SWMP) as amended, and with established
City policies, and conform to the following standards:
A. Plan Required: The proposed provisions for stormwater runoff shall be documented in a
runoff water management plan, prepared by a Minnesota licensed engineer to the minimum
standards described in subsection B of this Section.
B. Minimum Standards For Runoff Water Management Plans: A runoff water management
plan shall include the following items:
1. A map containing a delineation of the sub-watershed contributing runoff from off-
site, and proposed and existing sub-watersheds on-site.. The delineation shall conform to
the nomenclature of the SWMP and shall indicate any significant departures from the
watershed. delineation of the SWMP.
2. belineation of existing on-site "wetlands," as defined in the Wetland
Conservation Act, lakes, watercourses, shoreland, and/or flood plain areas.
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3. For water bodies and channels, a listing. of normal (run-out) and calculated 10-
year and 100-year elevations on-site for both existing and proposed conditions.
4. Stormwater runoff volumes and rates for existing and proposed conditions.
5. All hydrologic and hydraulic computations completed to design the proposed
stormwater management facilities. Reservoir routing procedures and critical duration
runoff events shall be used for design of water storage areas and outlets.
6. A checklist of best management practices to demonstrate that, to the maximum
extent practical, the plan has incorporated the structural and nonstructural best .
management practices described in the book "Protecting Water Quality in Urban Areas,"
published by the Minnesota Pollution Control Agency or the applicable publications.
7. A grading plan identifying stormwater overflow routes along streets or drainage
easements designed to protect structures from damage due to:
a. Storms in excess of the design storm, or
b. Clogging, collapse or other failure of the primary drainage facilities.
8. An assessment of the potential for construction or contribution to regional
detention basins, as opposed to the construction of on-site basins. The SWMP identifies
potential regional pond areas for control of rate and nutrient loading. The following.
criteria shall be used to determine whether on-site storage is required for within the
subdivision:
a. If the runoff water management plan indicates construction or enlargement
of a storage site or water quality storage in a wetland or other water body, the
facility or its equivalent shall be constructed to meet the goals of the SWMP.
b. If a proposed subdivision is indirectly tributary to a water body and
intervening regional detention storage is inadequate, in the opinion of City staff,
to meet the water quality goals for downstream water bodies as described in the
SWMP, additional on-site pond construction will be required to meet these goals.
c. If a proposed subdivision will increase rates of runoff and where
'downstream stormwater storage or conveyance facilities are inadequate to protect
downstream riparian owners from effects of these increases, then on-site
stormwater storage must be constructed to restrict stormwater rates to the
predevelopment rates.
9. Where on-site water quality detention basins are required, copies of the
calculations determining the design of the basins.- The size and design considerations will
be dependent on the receiving water body's water quality category, the imperviousness of
the development and the degree to which on-site infiltration of runoff is encouraged.
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Design of on-site detention basins, as described in the site's runoff water management
plan, shall incorporate recommendations from the Nationwide Urban Runoff Program
(NURP) and "Protecting Water Quality in Urban Areas," published by the Minnesota
Pollution Control Agency, as adopted by the City, or the applicable publications, as
adopted by the City. The following design considerations are required for on-site water
quality detention basins based on the receiving water's water quality category. These
designs. include permanent detention for water quality treatment; extended detention
designs maybe substituted provided that they provide treatment equivalent to the
requirements below:
a. A permanent pool (dead storage) volume below the normal outlet shall be
greater than or equal to the runoff from a two and one-half inch (2.5") 24-hour
storm over the entire contributing drainage area assuming full development.
b. A permanent pool average depth (basin volume/basin area) which shall be
greater than four feet (4'), with a maximum depth of less than ten feet (10').
o. An emergency spillway {emergency. outlet) adequate to control the 100-
year frequency critical duration rainfall event.
d. Basin side slopes above the normal water level should be no steeper than
three to one (3:1) when possible, and preferably flatter. A basin shelf with a
minimum width often feet (10') and a maximum slope often to one (10:1) below
the normal water level is recommended to enhance wildlife habitat, reduce
potential safety hazards, and improve access for long term-maintenance.
e. To prevent short circuiting; the distance between the major inlets and
normal outlet shall be maximized.
f. A flood pool (temporary storage) volume above the principal outlet
spillway shall be adequate so that the peak discharge rate from the 1-, 10- and
100-year frequency critical duration storm is not greater than the peak discharge
for a similar storm and predevelopment watershed conditions.
g. Extended detention of runoff from the more frequent (1-year to 5-year)
storms shall be achieved through a principal spillway design which shall include a
perforated vertical riser, a small orifice outlet or a compound weir. The spillway
must be constructed of a limited maintenance material. The use of treated or
naturally decay resistant timber shall not be allowed.
h. Effective energy dissipation devices which reduce outlet velocities to four
feet (4') per second or less shall consist of riprap, stilling pools or other such
measures to prevent erosion at all storm water outfalls into the basin and at the
detention basin outlet.
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i. Trash and floatable debris skimming devices shall be placed on the outlet.
of all on site detention basins to provide treatment up to the critical duration 10-
year storm event. These devices can consist of baffled weirs., submerged inlets or
other such measures capable of restricting the overflow of floatable materials,
including litter, oil and grease. The skimming device must be constructed of a
limited maintenance material. The use of treated or naturally decay resistant
timber shall not be allowed. Computations for the design of such devices shall be
included. The maximum velocity through the skimming device shall be less than
one foot (1') per second (fps) on the 2-year 24-hour event.
j. For purposes of erosion control, vegetation protection and wildlife habitat
enhancement, the 10-year flood level of the basin shalTbe no more than two feet
(2') above the normal level. of the basin.
10. For subdivisions that create one or more. acre of new impervious surface, the
following volume control practices shall apply:
a. Post Construction Water Quality Criteria:
(1) Post construction stormwater runoff quality measures shall meet
the standard for the General Permit Authorization to Discharge Storm
Water Associated With Construction Activity Under the National
Pollutant Discharge Elimination System/State Disposal System Permit
Program Permit MN 8100001 (NPDES General Construction Permit)
issued by the Minnesota Pollution Control Agency, August 1, 2008, as
amended; except where more specific requirements are provided in
paragraphs (2), (3) and (4) below.
(2) Infiltration/filtration options, and Credits described under Runoff
Volume Control Criteria are the preferred approach to satisfying the water
quality treatment requirements of the NPDES General Construction Permit
in areas that drain to the trout stream portions of the Vermillion River and
its tributaries where such areas do not first drain to a waterbody with 10 or
more acres of open water,
(3) The water quality control volumes necessary to meet the NPDES
General Construction Permit that are satisfied using infiltration or
filtration technologies can count toward the. volume control requirements
of this Ordinance.
(4) Ponds with permanent wet pools are allowed if the applicant
demonstrates:
(a) That the wet pond is designed for pre treatment prior to
discharge into an inflitration/biofilitration area or
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(b) That the volume control requirements of this Section are
met and the following measures are used to the extent practical in
order of decreasing preference:
(i) The wet pond is designed with a combination of .
measures such as shading, filtered bottom withdrawal,
vegetated Swale discharges, or constructed wetland
treatment cells that will limit temperature increases.
(ii) Additional volume. control measures and credits are
used beyond that required to meet the Runoff Volume
Standards as a means of limiting the frequency and
duration of discharges from the pond.
b. Peak Runoff Rate Control Criteria:
(1) A hydrograph method based on sound hydrologic theory as
approved by the City Engineer will be used to analyze runoff for the
development design or analysis of flows and water levels.
(2) Runoff rates for proposed activities, and development shall:
(a) ,Not exceed existing runoff rates for the 1-year, and 10-year
critical duration storm events.
(b). Not exceed the existing rate for the 100-year critical
duration storm event.
c. Runoff Volume Control Criteria:
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(1) All new development and re-development, where feasible, must
provide for the infiltration or retention onsite of 0.5 inch of runoff from all
new impervious surfaces on the developed site. Except for 1.5 inches in
the South Creek Drainage District.
(2) Credits for site design to meet the Volume Control requirements
maybe considered and must be approved by the City Engineer prior to the
design of infiltration or filtration facilities.
(3) Other credits as maybe approved by the City Engineer.
(4) The. water quality control volumes necessary to meet the NPDES
General Construction Permit that are satisfied using infiltration or
filtration technologies (filtration only on Type C and D soils), can count
toward the Volume Control requirements of this ordinance.
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(5) When using. infiltration for volume control,
(a) Infiltration volumes and facility sizes shall be calculated:
(i) Using the appropriate hydrological soil group
classification and saturated infiltration rate from the table
below, or
Hydrologic Soil Type Infiltration Rate Soil Texture
A 0.30 inches/hour Sand, loamy sand, or sand loam
B 0.15 inches/hour Silt loam or loam
C 0.07 inches/hour Clay loam, silty clay loam, silty
clay or clay
Source: Urban Hydrology or Small Watersheds (SCS, 1986), as amended.
(ii) Using documented site specific infiltration. or
hydraulic conductivity measurements completed by a
licensed soil scientist or engineer, or
(iii) Using the method provided in the Minnesota
Stormwater Manual Volume 2 (MPCA 2005) pages 18
through 21 of Chapter 12-INF, and
(b) The design shall consider the infiltration rates of the least
permeable horizon within the first five feet below the bottom of the
infiltration practice; and
(c) The system shall be capable of infiltrating the required
volume in 72 hours.
(6) Constructed infiltration facilities, such as infiltration basins and
trenches:
(a) Must include pretreatment of stormwater runoff designed to
protect the infiltration system from clogging with sediment and to
protect groundwater quality. Pre-treatment for these facilities must
be designed to remove at least 50% of the inflow sedimentloads.
Pre-treatment can consist of vegetative swales, filter strips,
sediment forebays/traps, grit chambers or other measures;
(b) .Cannot be used within 400 feet of a municipal or other
community supply well or within 100 feet of a private well unless
specifically allowed by an approved wellhead protection plan"
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(c) Cannot be used for runoff from fueling and vehicle
maintenance areas and industrial areas with significant exposed
materials;
(d) Cannot be used on areas with less than 3 feet vertical
separation from the bottom of the infiltration system and the
seasonal high water table, except for regional infiltration basins
with the approval of the City Engineer.
(e) Cannot be used in Type D soils.
(7) Infiltration areas must be fenced or otherwise protected from
disturbance during construction as outlined in the State of Minnesota
Stormwater Manual (MPCA 2005)., Chapter 12-INF IV.
(8) Infiltration facilities must be designed so that volumes in excess of
the design volume are safely conveyed into the downstream stormwater
system.
(9) Volume control maybe waived by the City for sites with
impermeable soils or where a shallow water table prevents construction of
infiltration systems. If the applicant claims that infiltration is not feasible
onsite, the applicant must provide supporting documentation to the City. If
the City agrees that infiltration is not feasible, the applicant shall design
alternative stormwater runoff treatment methods including the following
in order of decreasing preference:
(a) Credits and site design practices to minimize the creation of
connected impervious surfaces are used to the extent practical.
(b) Under drains to promote filtration instead of infiltration.
(c) Off-site infiltration.
(d) On-site wet detention with permanent pool volume below
the normal outlet that is greater than or equal to the runoff from a
2.5-inch, 24-hour storm over the entire contributing drainage area,
assuming full development.
(10) Vegetation used in conjunction with infiltration systems must be
tolerant of urban pollutants and the range of soil moisture conditions
anticipated.
(11) Infiltration facilities must conform to the minimum setbacks
required by the Minnesota Department of Health, as summarized below:
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Setback From Minimum Distance (feet)
Property Line 10
Building Foundation (with slopes directed
away from building) 10
Septic System Tank/Leach Field 35
(12) .Infiltration depressions shall not be lined nor shall mining of native
material be allowed.
(13) In the South Creek drainage district ponding areas shall beset back a
distance of seventy five feet (75') from the stream centerline to the edge of
a pond. In the case of distributed infiltration areas, this setback maybe
varied. Where, the storm water design is such that. fifty percent (50%) of the
infiltration area volume is beyond. one hundred feet (100') from the channel
centerline, no setback is required.
(14) In the South Creek drainage district effective energy dissipation
devices which reduce outlet velocities to four feet (4') per second or less
shall consist of riprap, stilling pools or other such" measures to prevent
erosion at all storm water outfalls into the basin and at the detention basin
outlet.
C. .Easements: The applicant shall establish, in a form acceptable to the City, temporary and
perpetual. easements, or dedicated outlots, for ponding, flowage, and drainage purposes over
hydrologic features such as waterbodies and stormwater basins. The easements, or outlots, shall
include the right of reasonable access for"inspection, monitoring, maintenance, and enforcement
purposes.
D. Drainage Alterations: No person or political subdivision shall artificially drain surface
water,. or obstruct or divert the natural flow of runoff so as to affect a drainage system, or harm
the public health, safety, or general welfare, unless the drainage plan complies with the
following:
L Outlets "from landlocked basins with a tributary drainage area of 100 acres or
more will be allowed, provided such outlets are consistent with the Lakeville Water
Resources Management Plan, the City Code, State and Federal regulations, and the
downstream impacts, riparian impacts, and habitat impacts of such outlets have been
analyzed and no detrimental impacts result. The analysis and determination of
detrimental impacts shall:
a. Use a hydrograph method approved by the City Engineer to analyze runoff
for the design or analysis of flows and water levels;
b. Ensure a hydrologic regime consistent with the Peak Runoff Rate Control
" Criteria and the Runoff Volume Control Criteria of this ordinance;
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c. Ensure the outlet does not create adverse downstream flooding or water
quality conditions, or materially affect stability of downstream major waterways;.
d. Maintain dead storage within the basin to the extent possible while
preventing damage to property adjacent to the basin;
e. Ensure that the low floors of new structures adjacent to the basin are set
consistent with the City Floodplain standards; and
f. Ensure that proposed development tributary to the land-locked basin has
incorporated runoff volume control practices to the extent practical.
2. Artificial drainage, flow obstruction, and diversions involving waterways, public
waters, public water wetland, wetlands with drainage areas of 640 acres or more will be
allowed provided such alterations or diversions are consistent with the Lakeville Water
Resources Management Plan, City Ordinances, State and Federal regulations, and the
downstream impacts, riparian impacts and habitat impacts of such alterations or
diversions have been analyzed and no detrimental impacts result. Proposals for drainage
alterations and diversions shall demonstrate that:
a. There is a reasonable necessity for such drainage alteration or diversion to
improve or protect human health and safety, or to improve or protect aquatic
resources;
b. Reasonable care has been taken to avoid unnecessary adverse impacts to
.upstream and downstream land;
a The utility or benefit accruing to the land on which the drainage will be
altered reasonably outweighs the gravity of the harm resulting to the land
receiving the burden; and
d. The drainage alteration or diversion is being accomplished by reasonably
improving and aiding the normal and natural system of drainage according to its
reasonable carrying capacity, or in the absence of a practicable natural drain, a
reasonable and feasible artificial drainage system is being adopted.
3. Drainage alterations, diversions, and landlocked basin outlets shall be provided
with stable channels and outfall.
SECTION 4. Section 10-4-7 of the Lakeville City Code is amended to read:
Where land proposed for subdivision is deemed environmentally sensitive by the city due
to the existence of wetlands, drainageways, watercourse, floodable areas, significanf
trees, steep slopes or wooded areas, the design or said subdivision shall clearly reflected
all necessary measures to ensure against adverse environmental impacts.
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.SECTION 5. Section 10-4-12 of the Lakeville City Code is amended to read as follows:
10-4-12: WETLANDS AND WATERCOURSES
A. Generally:. This section applies to all wetlands and watercourses on public or private land
located within the city, whether or not the wetland or watercourse is located on the same
property as the development.
B. Wetland Management Plan: Utilization and development impacts to wetlands shall be
consistent with the city's wetland management plan. No grading permit to allow wetland
disturbing activities shall be issued until approval of the wetland replacement plan application or
a certificate of exemption has been obtained. in strict conformance with the provisions of this
Title and the Minnesota Wetland Conservation Act.
C. Buffer Widths; Setbacks:
1. Protective Buffer: A protective buffer of natural vegetation shall surround-all
wetlands and watercourses in accordance with the following provisions:
a. Wetlands: The buffer shall have a minimum width from the delineated
edge of the wetland at the. time of development based upon the wetland
classification defined by the wetland management plan as follows:
Wetland Classification Buffer Requirement
Preserve 50 feet
Manage I 25 feet for wetlands < 2 acres; or
35 feet for wetlands > 2 acres
Manage II 17 feet for wetlands < 2 acres; or
25 feet for wetlands > 2 acres
Utilize 17 feet
Restore 25 feet
Wetland mitigation sites 25 feet
(1). Average Width: The width of the buffer maybe averaged provided
that a minimum buffer width is maintained equal to one-half (1/2) the
required buffer or seventeen feet (17'), whichever is greater.
(2) Public Trails And Sidewalks: Public trails and sidewalks that are a
maximum often feet (10') in width can be included within the buffer
provided the designated width is maintained..
(3) Building Setbacks: For properties developed or redeveloped after
March 17, 2,003, a building setback of ten feet (10') for a side yard and
twenty feet (20') for a rear yard shall be provided from the delineated edge
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of all required wetland buffers at the time ~ t~eveIopment. A building
setback of thirty three feet {33') shall exist from the delineated edge of all
wetlands at the time of development within.areas developed or
redeveloped between July 17, 2000, and March 17, 2003.:.
b. Watercourses: Buffers shall be established adjacent to watercourses
within the Vermillion River Watershed as shown and classified on the Vermillion
..River. Watershed Stream Classification and buffer standards Map, prepared by the
Vermillion River Watershed Joint Powers Organization, adopted October 26,
2006 as part of the Vermillion River Watershed Plan as amended February 2008,
and kept on file in the office of the City Engineer, adopted and incorporated
herein by reference, as described as follows:
Stream Buffer Standards
(Source: Vermillion River Watershed Joint Powers Organization Standards, February 2008, as
amended)
Classification Buffer Width Standard
Lower Reach (Vermillion River downsfream of Biscayne Avenue) -
150-foot average, 100-foot minimum measured from the edge of-the
Conservation meander belt.
Corridor Upper. Reach (Vermillion River upstream of Biscayne Avenue and
South Branch Vermillion River) - 150-foot average, 100-foot
minimum measured from the edge of the meander belt.
Aquatic Corridor- 100-foot average, 65-foot minimum measured from the edge of the
Principal Connector meander belt of the river.
Aquatic Corridor- 100-foot, no averaging.
Principal Connector
with Trout Stream
Designation
Aquatic Corridor- 50-foot average, 35-foot minimum: plus 2 feet for every 1 percent of
Tributary Connector slope measured from the edge of the meander belt of the tributary.
Water Quality Corridor 30-foot average, 20-foot minimum where there is a flow path for
concentrated surface runoff measured from the center line of the flow
path.
These buffer standards maybe altered by the City's approval of a variance and the
Vermillion River Joint Powers Organization's approval of a variance.
C. Buffer Standards: The following standards apply to all required buffers adjacent to
wetlands and watercourses:
1. _ Acceptable Vegetation: Buffers .shall be staked and protected in the field prior to
construction. Where acceptable natural vegetation exists in buffer areas, the retention of
such vegetation in an undisturbed -state is required unless approval to replace such
vegetation is received. A buffer has acceptable vegetation if it:
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a. Has"a continuous, dense layer of perennial grasses that has been
uncultivated or unbroken for at least 5 consecutive years; or,
b. Has anover-story of trees and/or shrubs that has been uncultivated or
unbroken for at least 5 consecutive years or,
c. Contains a mixture of the plant communities in a and b above that has
been uncultivated or unbroken for at least 5 years.
Z. Unacceptable Vegetation.. Topography or sparse vegetation that tends to
channelize the flow of surface water or vegetation. that is unlikely to retain nutrients and
sediment are. not considered acceptable vegetation for buffer purposes.
3. Replanting Vegetation: Where buffer vegetation and conditions are unacceptable,
or where approval has been obtained to replant, buffers shallbe replanted and maintained
according to the following standards:
a. Buffers shall be planted with a native seed mix approved by MnDOT,
BWSR, NRCS or the Dakota SWCD, with the exception of a one-time planting
with. an annual nurse or cover crop. Plantings of native fortis and grasses maybe
substituted for seeding. All substitutions must be approved by the City.
Groupings or clusters of native trees and shrubs, of species and. at densities
appropriate to site conditions, shall also be planted throughout the buffer area.
b. The seed mix and planting shall be broadcast/installed according to
MnDOT, BWSR, NRCS or Dakotat SWCD specifications. The selected seed
mixes and plantings for permanent cover shall be appropriate for the soil site
conditions and free of invasive species.
c. Buffer vegetation (both natural and created) shall be protected by erosion
.and sediment control measures during construction.
d. During the first five full growing seasons, except where the City has
determined vegetation establishment is acceptable, the owner or applicant must
replant buffer vegetation where the vegetative cover is less than 90%. The owner
or applicant-must assure reseeding/or replanting if the buffer changes at any time
through human intervention or activities.
4. Alterations Prohibited: Alterations, including building, storage, paving, routine
mowing, burning, plowing,. introduction of noxious vegetation, cutting, dredging, filing,
mining, dumping, grazing livestock, agricultural production, yard waste disposal, or
fertilizer application are prohibited within any buffer. Periodic mowing or burning, or
.the use. of fertilizers and pesticides for .the purpose of managing `and maintaining native
vegetation is allowed. Noxious weeds maybe removed and mechanical or spot herbicide
treatments may be used to control noxious weeds. Aerial or broadcast spraying is
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prohibited: Prohibited alterations do not include plantings that enhance. the natural
vegetation or selective clearing or pruning of trees. or vegetation that are dead, diseased or
pose similar hazards, or as otherwise clarified in paragraph 5 below.
5. Alterations Permitted: The following activities maybe permitted within any
required buffer:
a. The following activities are allowed within both the minimum and average
buffer width areas:
(1) .Use and maintenance of an unimproved access strip through the
buffer, not more than ten (10) feet in width, for recreational access to the
major waterway or wetland and the exercise of riparian rights
(2) Structures that exist when the buffer is created:
(3) Placement, maintenance, repair, or replacement of public roads and
utility and drainage systems that exist on creation of the buffer or are
required to comply with any subdivision approval or building permit
obtained from the City, so long as any adverse impacts of public road,
utility, or drainage systems on the function of the buffer have been
avoided or minimized to the extent practical;
(4) Clearing, grading, and seeding is allowed if part of an approved
Wetland Replacement Plan, or approved Stream Restoration Plan.
(5) Construction of a multipurpose trail, including boardwalks and
pedestrian bridges, provided it is constructed to minimize erosion and new
impervious surface, and has an undisturbed area of vegetative buffer at
least ten (10) feet in width between the trail and the wetland or public
waters wetland edge, or the bank of the major waterway; or where needed
to cross the major waterway, the minimum impact alignment is used.
(6) The construction of underground utilities such as water,
stormwater, and sanitary sewers and pipelines provided the minimum
impact alignment is used and the area is stabilized.
b. The following activities are allowed within those portions of the average
buffer width that exceed the minimum buffer width:
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(1) Stormwater management facilities, provided the land areas are
stabilized.
(2) The area of shallow vegetated infiltration and biofiltration
facilities, and water quality ponds not to exceed 50 % of the pond area,
adjacent to wetlands and major waterways maybe included in buffer
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averaging provided the facilities do not encroach into the minimum buffer
width, and the land areas are stabilized.
D. Conservation Easement/Outlot: A conservation easement or a dedicated autlot is
required for all buffer areas as part of platting and subdivision approval, except where. the buffer
is located in a public transportation right-of--way. Buffers shall be marked to clearly designate the
boundaries of all new buffers within new residential subdivisions.. A monument shall consist of a
post and a buffer strip sign approved by the City. Property owned by the City of Lakeville shall
be exempted from establishing an outlot or conservation easement for required buffer areas.
SECTION 6. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 17th day. of November, 2008, by the City Council of the City of
Lakeville, Minnesota.
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PUBLIC NOTICE
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
SUMMARY OF ORDINANCES
NO. 847 AND 848
AMENDING TITLE 10 OF
THE LAKEVILLE CITY CODE
(THE SUBDIVISION ORDINANCE)
CONCERNING STORM DRAINAGE,
EROSION CONTROL AND WETLANDS
AND TITLE 11 OF THE LAKEVILLE CITY
CODE (THE ZONING ORDINANCE)
CONCERNING FLOODPLAINS,
EROSION AND DRAINAGE
These ordinances are revisions to Title
10, Section 4 of the City's Subdivision
Ordinance concerning storm drainage, ero-
sion control and wetlands and Title 11,
Sections 16 and 101 of the City's Zoning
Ordinance concerning floodplains, erosion
and drainage. The ordinance revisions,
which reflect the new Vermillion River
Watershed Management Plan, are con-
tained in the following sections:
10-4-3R: Seeding or Sodding
10-4-5: Erosion and Sediment Control
10-4-6: Storm Drainage
10-4-7: Protected Areas
10-4-12: Wetlands
11-16-7: Erosion and Drainage
11-101-11: FW, Floodway District
11-101-17: Subdivisions
11-101-19: Public Utilities, Railroads,
Roads, and Bridges
A printed copy of the entire ordinance is
available for inspection by any person dur-
ing the City Clerk's regular office hours.
Approved for publication by the City
Council of the City of Lakeville, Minnesota
this 17th day of November 2008.
CITY OF LAKEVILLE
BY: Holly Dahl, Mayor
ATTEST:
Charlene Friedges, City Clerk
1497522 11/21/08
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) SS
Tad Johnson, being duly sworn on oath says that he is the managing editor of the
newspaper known as Thisweek Farmington/Lakeville, and has full knowledge of the facts
which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Friday, the 21st day of November, 2008, and was therefore printed and published on
every Friday to and including Friday. the 21st day of November, 2008, 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
Managing Editor
Subscribed and sworn to before me on
this 21st day of November. 2008
Notary Public
1497522
Kara Elizabeth Shimota
Notary Public
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My Commission Expires January 31, 2012