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HomeMy WebLinkAbout0002 LEC;AL NOTICE All roads constructed in the Town of C. Lakeville shall :have a ,grade of not nacre When an application for a basement AN ORDINANCE TO AMEND LAKE- than 8% (eight percent). home building permit is received by the. MLLE TOWNSHIP -0RDINANCE NO. All streets and roads in -bhe Tawn Town Clerk, he will turn. it over to the 2, AS AMENDED, SAID ORDINANCE of Lakeville' a!hall have a minimum :right Town Board, which will set a date for BEING ENTITLED, "AN ORDINANCE of way width of: a public ~heari:ng. If opposition to the REGULATING THE BUILDING, THE Limted residential __________60 feet basement .home is not voiced by the ad- CONSTRUCTION OF ROADS AND THE 'Collector or secondary ______80 feet jacent property owners, then at the dia- USE OF LAND IN THE TOWN OF Primary or arterial ________100 feet eretion of the Town Board a :permit will LAKEVILLE." With service roads 120 feet be granted only if the applicant agrees The minimum design speed for all to complete the upstairs superstructure TITLE TO SAID ORDINANCE, AS roads, streets and or alleys .shall be within one (1) year. In addition, bond HERE AMENDED, SHALL BE AS FOL- 30 MPH as set forth in Design Manual must be posted in an amount equal to ben LOWS: No. 5-291, State of Minnesota Department percent (10%) of the estimated cost of of Highways. The above provision shall the total structure when completed, but "AN ORDINANCE FOR THE PUR- apply to limited residential streets. in any event, not less than $500.00 ; said POSE OF PROMOTING HEALTH, The minimum design speed for collector bond bo be for purposes of guarantee SAFETY, ORDER, CONVENIENCE or secondary streets and/or roads (dea•ig- kha~t said structure will be completed AND GENERAL WELFARE, BY rated as such by~the Tawn Board) shall within the twelve (12) month's period, REGULATING THE USE OF LAND, be 40 MPH as set forth in the above and failure to perform within said twelve THE LOCATION AND ARRANGE- mentioned Design manual. (12) months shall mean forfeiture of said MENT OF BUILDINGS ON LOTS The Minimum Design Speed for Pri- bond. AND THE DENSITY OF POPULA- mart' or Arterial roads and or streets D. TION IN THE TOWN OF LAKE- shall be. 50 MPH as set forth in the All one (1) story dwellings shall have MLLE. above mentioned Design Manual. a minimum floor area of 720 square feet. The Minimum Design Load For any D-1 The Town Board of the Town of road, street or alley shall be in accord- All buildings constructed hereafter shall Lakeville does hereby ordain: ante. with the requirements of Design meet the requirements of building, plumb- . Manual 5-291, 374: ing, sanitation, well, electrical and heat- SECTION I. BUILDING PERMITS Kind of Road Axle Load ing codes in effect on the date of permit. Right-of- E. A- way Width No dwelling or other building shall be For the purpose of regulating the 1o- Residential or limited residential - 5 built nearer the front propery line, or cation, size and height of buildings to tan - 60 feet. lines, than 40 feet, and shall npt be built Tats and the density of population in Secondary (Collector)- - 7 ton - 80 nearer the aide .Property lines than 10 the Town of Lakeville, and -to provide feet. feet. separate districts for the purpose of Primary or Arterial - 7 tan with F. carrying out the aforesaid regulations, ultimate 9 ton - 100 or 120 feet. When pan appliea~tion for a commercial na person, or persons, firm or corporation The above road design requirements or industrial building permit is received shall erect; convert, alter, wreck, move far load MAY be waived whenever the by .the Town Clerk, said application is to and or extend the outside dimensions Town Board •apProves the construction of be referred to bhe Planning Commission of any building or buildings, or any part a designated road or street to Stage I :of the Town of Lakeville which shall thereof, temporarily or permanently, up- development. set a .date for public hearing. Native of on any land in the Town of Lakeville, such hearing shall be posted and publiah- without first securing a building permit STAGE i DEVELOPMENT ed in accordance with statute controlling thereof, except that n:o~ permit shall be TYPICAL GRADING SECTION: The town meetings; in addition, applicsnts necessary for bhe construction, recon- shall be required to mail a ro of the struction or alteration of a buildin not TPYieal grading section for municipal or PY used for commercial or induatrialg open ditch design shall provide fora rise notice of hearing at least five days in par- of 0.3 feet above the street center line advance o~f the hearing date ba all adja- poses, where bhe cost- of such work elevation at a / does not exceed Three Hundred $300.00 point which is 30 feet dis- cent property owners and or occupants, dollars. ( } tart from and perpendicular to maid ten- and proof of such mailing shall be made B ter line elevation. by affidavit. All costs of publication, Applications for building ermits shall The horizontal and vertical alignment posting, mailing and the hearing, or P hearings, shall be paid by the applicant.. be made in writing to the Town Clerk shall meet the requirements for the cate- on blank forms to be furnished by the gory, in which the street is classified. G• Town Board, in triplicate. Each applica- The typical grading section shall be Multiple dwellings shall have a min- lion for a permit to erect, convert, alter, "open ditch" type approved by the Town imam of 500 sgware feet of living space wreck, move or extend the outside 3i- Board. for each dwelling unit, and shall be con- . mensions of any building; or buildings, The surface shall be traffic bound sidered commercial and necessitate hear- or any part thereof, ahall'be accompanied. gravelwearing course (specification 2251). ings as Provided in Section III, F. here- of. (1) STAGE II DEVELOPMENT By a plan drawn to scale showing SECTION IV. VARIANCE OR The horizontal and vertical alignment the size of the structure, new or to be SPECIAL USE remodelled, shall meet 'the requirements for khe type of construction and the category in which the street is classified A' estimated cost thereof ; The Town Board shall .have the power, 1The typical grading section shall be after recommendation of the Planning (2.) of Municipal street design") and shall Commission, to make adjustments in and By three copies of a certificate of have the width prescribed for its classi- exceptions to any of the provisions of survey of said lot or ~traet of land, made fication. this Ordinance to the extent of bhe follow- . by a registered 1 a n d a ~u r v e y o r The Typical Grading section for marl- ing :and no further:- and certified thereto, said survey shall ipal or open ditch design shall provide (1 ) state thereon the legal description :on the for a rise of 0.3 feet above the street To vary or modify the strict appliea- land on which the structure is to Abe, center line elevation :at a point which is tion of any of the regulations or provie- or is now, located, show lot lines land 30 feet distant from and perpendicular ions contained in this Ordinance in cases the size of the lot, show the location to said center line elevation. in which there are practical difficulties and size. of the structure which is to be The surface shall be 2" Road-Mix Bi- or unnecessary hardships in the way of erected or remodelled, the location of tuminous Surface (apecifieation 2321) or such strict application. road or street, including its width, on 1-a/.>" Plant-mix Bituminous Surface (2.} which the structure does now 'or is to (Specification 2331). To permit the .extension of a district front, and show the 1ecation and size The base shall be composed of sand where the boundary line thereof divides of bhe well, drainage and sewer systems. and gravel sub-base (specification 2201) If requested, complete and detailed plans and gravel base (specification 2202). The is let in one ownership at the time of the showing floor plans (all floors, including base shall have sufficient depth to sup- preparation of this Ordinance. basement) and front, rear-andside eleva- port the design load applicable tc the (3') flop, drawn to scale, together with plans street(s) under construction. The gravel To permit public utility or public serv- showing location of the well, drainage base (specification 2202) shall rat be ice uses, or public buildingsto be located and sewer systems, and where possible less than 3" thick under any cireum- in any district where found to be neces- approved by the Health Department of stances. sary for the public health, safety, con- the State of Minnesota, shall ~be furnish- The Curb shall be specified as Bitum_ venienee or welfare. ed. inous curb (specification 2535) modified B' C. by special provision.; or concrete (speeifi- The Planning Commission shall not rev- No application for a permit shall.. be cation 2531) or precast concrete (specifi- o~mmend the granting of any application considered, and no Permit shall be grant• eati•on 2532). under this section and the town board ed for the erection of any new structures shall not grant any application unless and/nor remodelling of existing etrue- STAGE III DEVELOPMENT they shall find from evidence submitted tares where the lot or tract of land on by the applicant, the following facts: Same as stage II except 2" road mix 1, which said structure is ~to .be erected, ( ~ or is now located, does nut abut on a Bituminous base (specification 2208) shall That there are specral circumstances ar public road or street which has been be covered with 1-i/2" Plant-mix Bitum- conditions affecting bhe land, building or approved by the Town B~o•ard. inoua surface (Specification 2341) .and use referred to in the application ; D storm sewers added -to carry surface wa- ~ (D,) The fees for building permits shall ter runoff. That the granting of the application be •as follows: The 'typical grading section for manic- is necessary fcr the preserv~a'tion and (1) ipal or open ditch design shall provide enjoyment of substantial property rights; If the cost of said proposed construe- for a rise of 0.3 feet above the street (g,) flop, erection, conversion, alteration, :o:r center line elevation at a point which That the granting of the application enlargement is $6,000.00 or less, the scam is 30 feet distant from and perpendicular will not makerially affect adversely the of $15.00. If over $5,000.00 and less to said center line elevation. health or safety ofgersons residing or than $10,000.00 the sum of $'30.00. The finished grade for all houses and working in the neighorhood of the prop- (2) other buildings shall be at least 12" above erty cf the applicant, and will nob be ma- For each additional $1,000.00, or frac- the street center line elevation. The terially detrimental to the public welfare lion thereof, in excess of $10,000.00 fcr street center line .elevation shall be orinjurious to. property or improvements the cost of said construction, erection, taken at the highest point on the street in the neighborhood. conversion, alteration or enlargement, an center line which is opposite the property C. upon which said houses and/or other Before making its decision u on any additional sum shall be charged equival- p buildings are to be constructed. ent to $1.00 for each $1;000.00 or frac- aP~plication for such an adjustment :or flop thereof over $10,000.00. All roads shall be adequately ditched exception, the Planning Commission shall l3) to provide for drainage, and the back- hold a public hearing thereon, and shall slopes and inalopes of said ditches shall be Where the estimated cost of saidpro- thereafter make its decision. Upon receipt constructed to a 3:1 •or flatter ratio. The posed construction, erection, conversion, of such recommendation, from the Plan- alteration, nor enlargement is in excess of topsoil shall be stripped from the con- ring Commission the Town Board shall struction limits and replaced an the fin- $75,000.00, and in the judgment of the by resolution either grant or deny such fished roadway slopes. Planning Commission and/or the Tawn application, and it may attach to the Where the Town Board deems it neces- Board, it should be desirable or necessary grant of the application such eondi- to employ the -sary because of the toPOgrap'hy and/ar professional services of a soil conditions in certain locations they flops and guarantees as it deems neees- registered engineer, or iarchitect, o.r other sary to carry out bhe purposes of this qualified personnel, to exmaine said plans mist' require the developer to sod areas Ordinance. All ~applicati~o~ne and hearings lying between the travelled portions of as to compliance with such building codes roads and/or streets and property lines. hereunder shall be made and held in se- as are applicable to the structure under cordanee with Section III, F hereunder. The developer of newly constructed consideration, then, in that event, the A11 such applications .shall clearly set streets or .naads shall install culverts total amount ref the fees required shall where necessary to provide each property forth the specific exceptions and/ar var- be increased by the amount necessary owner with access to a public streets lances requested and the reasons there- to Pay for such ~profeasional services. before said streets are accepted as public .for. (4') roads or streets, and the developer shall SECTIION V. PENALTIES All permits issued shall be for the provide culverts at his own expense. duration of one year and shall expire Any person, or persons, firm or Bor- on its first anniversary, but may be All roadways, before establishment or poration violating the provisions of this rene}ved at the discretion of the Town acceptance as public streets or roads, shall Ordinance by neglecting or refusing to se- Board upon application for such renewal be suitably and properly named (with bhe cure :a permit, or who proceeds upon the approval ion the Town Board) sand street permit by the Town Board, upon payment of fees in the aznounb refusal of a signs designating said streets shall he of 50% of the original fee, shall be guilty of ~a miademeaner, and erected at the developers expense. (5.) upon conviction thereon, shall be pun- Dead end streets or streets which have The issuance of a building permit shall fished by a fine of not to exceed $100.00 turn arounda shall have a minimum radius in no way abbrogate, restrict or limit or by imprisonment for rat to exceed of sixty feet (60) at the end thereof. the power of the Town Board to regulate ninety (90) days for each offense. Each the use of the property 'for which khe day that the violation is permitted bo building permit is issued by appropriate SECTION IIY. SUILDING exist shall constitute a separate offense. future caning or regulation. REGULATIONS (6) A. SECTION VI All required building permits shall be Ali houses and other ibuildings shall Every pmovision of this Ordinance shall taken out by the permitee or authorized be upon a level of one foot, or more, be severable from every other part or agent before any part of said construction :above the street center line elevati:cn, Provision thereof, and if one provision is shall •have been commenced, In the event The street center line elevation shall Held invalid by the Court; such invalidity construction shall have been commenced be taken at the :highest point on the street shall not affect any other part or pro- before said Permit has been issued, then, center line which is opposite the property vision thereof. in that event, the fees shall ~be doubled. upon which said houses and ether build- SECTION VII. ings are to be constructed. This Ordinance shall take effect and SECTION II B. force from and after its passage and STREET REGULATIONS AND No dwelling shall be constructed upon publication. REQUIREMENTS a lot or tract of land less than 11,000 Passed by the Town Board of Lake- The currently approved, state of M:inne- square feet in area. The front lot line vine Township, Minnesota, this lot day rota, Department of Highways s~pecifiear shall have not leas than 80 feet frontage, of February, 1960. flora for Highway Construction shall ap- excepting in the case of curvilinear plat- FRED YETZER ply toall roads, streets and/or alleys con- king wherein 'the frontage may be not less Chairman strutted in Town of Lakeville except as than 60 feet, and further providing that Town Board modified or altered by the special pro- khe lot areacontains not less than 11,000 Attest: visions approved and adopted by 'the square feet. Lot sizes referred to herein D. H. TESKE, 9`nwn Board of T-.,vn..a7.~. s.re exclusive of +~ad and boulevard. Town Clerk