HomeMy WebLinkAbout0673 CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO.673
AN ORDINANCE AMENDING TITLE 10 OF THE
LAKEVILLE CITY CODE, THE SUBDIVISION ORDINANCE
Title 10 is the subdivision ordinance for Lakeville, Minnesota. This ordinance
replaces the prior subdivision ordinance adopted December 19, 1977, and all amendments
thereto, and establishes a new subdivision ordinance which contains the following chapters:
Chapter 1 General Subdivision Provisions
Chapter 2 Procedures for Filing and Review
Chapter 3 Plat and Data Requirements
Chapter 4 Design Standards
Chapter 5 Required Basic Improvements
Chapter 6 Administration and Enforcement
A printed copy of the entire subdivision ordinance is available for inspection by any
person at City Hall during the City Clerk's regular office hours.
Approved for publication by the Lakeville City Council this 17~' day of July, 2000..
CITY OF LAKEVILLE
BY:
Du e R. Zaun, y r
ATTEST:
Charlene Friedges, City C
ORDINANCE NO. 673
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE
LAKEVILLE CITY CODE, THE SUBDIVISION ORDINANCE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 10 of the .Lakeville City Code is amended in its entirety to read as
shown on the attached Exhibit "A".
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 17th day of Tuly, 2000, by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY:
uane IZ. Zaun, M y
ATTEST:
harlene Friedges, City rk
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
10-1-1: Short Title
10-1-2: Purpose
10-1-3: Approvals Necessary For Subdivisions and Plats
10-1-4: Building Permits
10-1-5: Administrative Subdivisions
10-1-6: Definitions
10-1-1: SHORT TITLE:
This Title shall be known as the SUBDIVISION ORDINANCE OF THE CITY OF LAI~EVILLE,
and will be referred to herein as "this Title"1.
10-1-2: PURPOSE:
In order to safeguard the best interests of the City and to assist the subdivider in harmonizing
his/her interests with those of the City at large, the following regulations are adopted so that the
adherence to same will bring results beneficial to both parties. It is the purpose of this Title to
make certain regulations and requirements for the platting of land within the City pursuant to the
authority contained in Minnesota Statutes Annotated, which regulations the City Council deems
necessary for the health, safety and general welfare of this community.
10-1-3: APPROVALS NECESSARY FOR SUBDIVISIONS AND PLATS:
Before any plat or subdivision may be recorded in the County Recorder's office or be of any
validity, it must comply with the requirements of this Title.
10-1-4: BUILDING PERMITS:
No building permits shall be considered for issuance by the City for the construction of any
building, .structure or improvement to the land or to any lot in a subdivision until the
requirements of this Title have been complied with.
1. M.S.A. chapter 429, M.S.A. 462.351, M.S.A. 462.358, M.S.A. 505.01 et seq.
1 EXHIBIT A
10-1-5: ADMINISTRATIVE SUBDIVISIONS:
A. The subdivision of one (1) lot into two (2) lots may be approved administratively by the
Zoning Administrator. The following requirements must be met prior to approval of an
administrative subdivision:
1. Submittal of the required application and fee.
2. Submittal of a current certificate of survey, prepared and signed by a Minnesota
licensed land surveyor, depicting the following:
a. Scale (engineering scale only, at one (1) inch equals fifty (50) feet or less).
b. North point indication.
c. Existing boundaries with lot dimension and area
d. Existing site improvements.
e. All encroachments.
f. Easements of record.
g. Legal description of the property.
h. _ Ponds, lakes, springs, rivers, or other waterways bordering on or running
through the subject property.
i. The boundary and legal description of the lots as they are proposed to be
subdivided.
j. The boundary and legal description of any proposed easements on the
property. A drainage and utility easement at least ten feet wide must be
provided along all property lines. A drainage and utility easement may
also be required over wetland, ponds, lakes, drainage channels and
tributaries. Dedication of roadway easements consistent with the City's
Comprehensive Transportation Plan may also be required.
3. The lots must both have direct access onto an improved public street and comply
with the Comprehensive Plan and Zoning Ordinance.
4. The subdivision must comply with the design and dedication requirements of this
Title.
5. All basic improvements required by this Title must be installed in accordance with
this Title.
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B. Subdivision of Two-Family, Townhouse, or Quadraminium Lots: The subdivision of base
lots containing two-family, townhouse, or quadraminium dwellings to permit individual
private ownership of a single dwelling within such a structure is subject to the following
requirements:
1. Prior to the subdivision, the base lot must meet all the requirements of the zoning
district.
2. The unit lot must meet all the requirements of the zoning district. Up to a ten (10)
percent reduction in either the unit lot area or unit lot width requirement for one
unit of atwo-family dwelling subdivision is permitted provided all other
requirements of this Title are satisfactorily met.
3. There shall be no more than one principal structure on a base lot in all residential
districts. The principal structure on unit lots created in atwo-family, townhouse,
or quadraminium subdivision will be the portion of the attached dwelling existing
or constructed on the platted unit lots.
4. No parcel of land or portion thereof shall be subdivided if such action results in
buildings and/or uses becoming non-conforming.
5. A property maintenance and party wall agreement must be provided by the
applicant and submitted to the City Attorney for his review and comment. The
agreement shall ensure the maintenance and upkeep of the structure and the lots to
meet minimum City standards. The agreement is to be filed with the Dakota
County Recorder's office as a deed restriction against the title of each unit lot.
6. Separate public sewer and water services shall be provided to each subdivided
unit and shall be subject to the review and approval of the City Engineer.
7. The subdivision is to be platted and recorded in conformance with the
requirements of this Title.
8. Verification of fire walls in compliance with the Uniform Building Code shall be
provided by a certified independent inspector at the expense of the applicant.
C. Subdivision of Apartment Dwelling Structures, Manor Homes, and other Cooperative
Condominium Housing Structures: The subdivision of base lots containing apartment
dwelling structures, manor homes, and other cooperative .condominium housing
structures to permit individual private ownership of a single dwelling within such a
structure is subject to the following requirements:
1. The subdivision is to be platted and recorded in conformance with the
requirements of this Title.
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2. The subdivision shall comply with applicable cooperative or condominium laws
of the State of Minnesota.
10-1-6: DEFINITIONS:
For the purpose of this Title, certain words and terms are hereby defined as set forth. in this
Section:
ALLEY: A public or private right of way primarily designed to serve as secondary access to the
side or rear of those properties whose principal frontage is on a street.
APPLICANT: The owner, their legal agent or person having legal control, ownership and/or
interest in land for which the provisions of this Title are being considered or reviewed.
BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by streets
and the entire boundary or boundaries of the subdivision, or a combination of the above with a
river or lake.
BOULEVARD.: The portion of the street right of way between the curb line and the propertyline.
BUFFER: The use of land, topography, difference in elevation, space,. fences or .landscape
plantings to screen or partially- screen a use or property from another use or property or to shield
or mitigate noise, lights or other impacts.
BUFFER. YARD: A strip of land utilized to screen or partially screen a use. or property from
another use or property or to shield or mitigate noise, lights or other impacts.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
COMPREHENSIVE PLAN: A compilation of policy statements, goals, standards, and maps for
guiding the physical, social and economic development, both private and public, of the
municipality and its environs, including air space and sub-surface areas necessary for mined
underground space development as pursuant to Minnesota Statutes, and may include, but is not
limited to, the following: statements of policies, goals, standards, a land use plan, a community
facilities plan, park/trail/recreation plan, a transportation plan, storm water management plan,
sanitary sewer policy plan, water system plan, and recommendations for plan execution.
DESIGN STANDARDS: The specifications to landowners or subdividers for the preparation of
plats, both preliminary and final, indicating among other things, the optimum, minimum or
maximum dimensions of such items as rights of way, blocks, easements and lots.
EASEMENT: A grant by a property owner for the use of a strip of land and for the purpose of
constructing and maintaining streets, trails, sidewalks, drives, utilities, including, but not limited
to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm
sewer or storm drainage ways and gas lines.
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FINAL PLAT: A drawing or map of a subdivision, meeting all of the requirements of the City
and in such form as required by Dakota County for the purpose of recording.
INDIVIDUAL. SEWAGE TREATMENT-SYSTEM: A sewage treatment system or part thereof,
serving a dwelling, building, structure or other establishment, or group thereof, and using sewage
tanks or advanced treatment followed by soil treatment and disposal. Individual Sewage
Treatment System includes holding tanks.
LOT: Land occupied or to be occupied by a building and its accessory buildings, together with
such open spaces as are required under the provisions of the current City zoning regulations,
having not less than the minimum area required by said zoning regulations for a building site in
the district in which such lot is situated and having its principal frontage on a street.
Lot Area: The area of a horizontal plane within the lot lines.
Lot Area, Minimum: Except as may be otherwise expressly allowed in this Title or the
Zoning Ordinances, the area of a horizontal plane within the lot lines excluding "major
drainageways", as defined by the Comprehensive Storm Drainage Plan, wetlands,
waterbodies, road rights of way, required buffer strips, regional utility/pipeline easements,
and slopes steeper than three to one (3;1).
Lot, Base: A lot meeting all the specifications within its zoning district prior to being
divided into atwo-family or quadraminium subdivision.
Lot, Corner: A lot situated at the junction of and. abutting on two (2) or more intersecting
streets; or a lot at the point of deflection in alignment of a single street, the interior angle
of which is one hundred thirty five (135) degrees or less.
Lot Improvement: Any building, structure, place, work of art, or .other object, or
improvement of the land on which they are situated constituting a physical betterment of
real property, or any part of such betterment. Certain lot improvements shall be properly
bonded as provided in these regulations.
Lot, Unit: Lots created from the subdivision of atwo-family dwelling or a quadraminium
having different minimum lot size requirements than the conventional base lot within the
zoning district.
OUTLOT: A parcel of land included in a plat, which is smaller than the minimum size permitted
for lots and which is thereby declared unbuildable until combined through platting with
additional land; or, a parcel of land which is included in a plat and which is at least double the
minimum size and which is thereby subject to future platting prior to development; or, a parcel of
land which is 'included in a plat and which is designated for public or private open space, right-
of-way, utilities or other similar purposes.
1. See Title 11 of the City Code.
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PARKS AND PLAYGROUNDS: Public land and open spaces in the City. dedicated or reserved
for recreation purposes.
PEDESTRIANWAY: A public right of way or public or private easement across a block or
within a block to provide access for pedestrians and which may be used for the installation of
utility lines.
PERCENTAGE OF GRADE: On street center line, means the distance vertically from the
horizontal in feet and tenths of a foot for each one hundred (100) feet of horizontal distance.
PLANNING COMMISSION: The Lakeville Planning Commission
PRELIMINARY PLAT: A tentative drawing or map of a proposed subdivision .meeting the
requirements herein enumerated.
PROTECTIVE COVENANTS: Contracts made between private parties as to the manner in
which land may be used, with the view to protecting and preserving the physical and economic
integrity of any given area.
PUBLIC IMPROVEMENT: Any drainage ditch, roadway, parkway, sidewalk,. pedestrianway,
tree, lawn,. off-street parking area,. lot improvement or other facility for which the City may
ultimately assume the responsibility for .maintenance and operation, or which may affect an
improvement for which local government responsibility is established.
QUADRAMINIUMS:_A single structure which contains four (4) separately owned-dwelling units
all of which have individually separate entrances from the exterior of the structure.
SETBACK:. The. minimum horizontal distance between a structure and lot line, ordinary high
water mark, or right-of--way easement. Distances are to be measured from the most outwardly
extended portion of the structure at ground level.
SOUTH CREEK STORMWATER DISTRICT:. The watershed of South Creek as defined in the
Lakeville Comprehensive Stormwater Management Plan.
SOUTH CREEK STREAM CHANNEL: The primary flow channel of streams designated as
Minnesota Department of Natural Resources Public Waters within the South Creek Stormwater
District.
STREET: A public right of way affording primary access by pedestrians or vehicles or both, to
abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue
or boulevard..
STREETS:
Collector Streets: Those streets that carry traffic from local streets to the major system of
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arterials and highways. Collector streets primarily provide principal access to residential
neighborhoods, including, to a lesser degree direct land access.
Cul-De-Sac: A local street with only one outlet and having an appropriate terminal for the
safe and convenient reversal of traffic movement.
Local Streets: Those streets that are used primarily for access to abutting properties and
for local traffic movement.
Marginal Access Streets: Those local streets which are parallel and adjacent to
thoroughfares and highways; and which provide access to abutting properties and
protection from through traffic.
Thoroughfares, Arterial Streets: Those streets carrying larger volumes of traffic and
serving as links between various subareas of the community. Thoroughfares or arterial
streets are intended to .provide for collection and distribution of traffic between .highways
and collector streets; hence regulation of direct access to property is critical.
SUBDIVIDER: Any individual, firm, association, syndicate, partnership, corporation, trust or
other legal entity having sufficient proprietary interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide the same under this Title.
SUBDIVISION: The separation of an area, parcel or tract of land under single ownership into
two (2) or more parcels, tracts, lots or long-term leasehold interests where the creation of the
leasehold interest necessitates the creation of streets, roads or alleys for residential, commercial,
industrial. or other use or any combination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
SUBDIVISION, ADMINISTRATIVE: The subdivision of one (1) lot into two (2) lots.
TWO-FAMILY DWELLING: Astructure- designed exclusively for occupancy by two (2)
families living independently of each other.
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CHAPTER 2
PROCEDURES FOR FILING AND REVIEW
SECTION:.
10-2-1: Sketch Plan
10-2-2: Preliminary Plat
10-2-3: Final Plat
10-2-4: Premature Subdivisions
10-2-4-1: Condition Establishing Premature Subdivisions
10-2-4-2: Burden Of Establishing..
10-2-4-3: Regional System Service Inadequacies
10-2-1: SKETCH PLAN:
In order to ensure that all applicants are informed of the procedural requirements and minimum
standards of this Title, and the requirements or limitations imposed by other City ordinances,
plans and/or policies, prior to the preparation of a preliminary plat, all applicants shall present a
sketch plan to the Zoning Administrator prior to filing a preliminary plats. Approval of the sketch
plan shall not be considered binding in regard to subsequent plat review. The Zoning
Administrator, notably in the case of multi-phased projects, shall have the ..authority to refer the
sketch plan to the Planning Commission and/or City Council for review and comment.
The sketch plan submission shall include, but .not be limited to the following:
A. Formal request for subdivision.
B. Twenty five (25) copies of the plat sketch plan at a scale not less than one (1) inch equals
one hundred (100) feet.
C. An eight and one-half inch by eleven inch (81/2" x 11 reduction of the sketch plan.
D. Escrow deposit to pay review costs of City staff and consultants.
E. In cases ofmulti-phased subdivisions, applicable preliminary plat submission information
as regulated by Section 10-3-2 of this Title.
10-2-2: PRELIMINARY PLAT:
A. Twenty five (25) copies of the preliminary plat and list of property owners located within
five hundred (500) feet of the subject property obtained from and certified by an abstract
1. See also Section 10-3-1 of this Title.
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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.
B. Review By Other Commissions Or Jurisdictions: The City Administrator shall refer
copies of the preliminary plat to the Park and Recreation .Committee, County Soil and
Water Conservation District, .Environmental Affairs Sub-Committee, County,
Metropolitan, State or other public .jurisdictions for their review and comment, where
appropriate and when required.
C. Planning Commission Action:
1. The City Administrator upon receipt of the application shall instruct the City
Clerk to set a public hearing for public review of the preliminary plat. The hearing
shall be held after adequate time has been allowed for staff and advisory body
review of the plat. Notice of the hearing .shall consist of a legal property
description and description of request and shall be published in the official
newspaper at least ten (10) days prior to the hearing. Written notification of the
hearing shall be mailed at least ten (10) days prior to all owners of land within
five hundred (500) feet of the boundary of the property in question. Failure of a
property owner to receive notice shall not invalidate any such proceedings as set
forth within this Title.
2. The City Administrator shall instruct. the appropriate staff to prepare technical
reports where appropriate and provide general assistance in preparing a
recommendation on the action.
3. Unless excused by the Planning Commission Chair, the applicant or a
representative thereof shall appear before the Planning Commission in order to
answer questions concerning the proposed request.
4. The Planning Commission shall conduct the hearing and recommend such actions
or conditions relating to the request, as they deem necessary to carry out the. intent
and purpose of this. Title. Such recommendation shall be accompanied by the
report and recommendation of the City staff.
D. City Council Action:
1. The City Council shall act upon the preliminary plat within one hundred twenty
(120) days from the date of submission of a complete application, unless an
extension of the review period has been provided by the applicant.
2. Upon receiving the report and recommendation of the Planning Commission and
the City staff, the City Administrator shall place the report and recommendation
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on the agenda of the City Council. Such. reports and recommendations shall be
entered in and made part of the permanent written record of the City Council
meeting.
3. Upon receiving the report and recommendation of the Planning Commission and
City staff, the City Council shall have the option to set and hold a public hearing if
deemed necessary, and may impose any condition it considers necessary to carry
out the purpose and intent of this Title.
4. If, upon receiving said report and recommendations of the Planning Commission
and the City staff, the City Council finds that specific inconsistencies exist in the
review process and thus the final recommendation of the City Council may differ
from that of the Planning Commission, the City Council may, before taking final
action, refer the matter back to the Planning Commission for further
consideration. The City Council shall provide the Planning Commission with a
written statement detailing the specific reasons for referral. This procedure. shall
be followed only one (1) time on a singular action.
5. If the preliminary plat is not approved by the City Council, the reasons for such
action shall be recorded. in the proceedings of the City Council If the preliminary
plat is approved, such approval shall not constitute final acceptance of the layout.
.Subsequent approval will be required of .the engineering .proposals and other
features and requirements as specified by this Title to be indicated on the final
plat. The City Council may require such revisions in the preliminary plat and
final plat, as it deems necessary to carry out the purpose and intent of this Title.
6. If the preliminary plat is approved by the City Council, the subdivider must
submit the final plat within one hundred (100) days after the approval or approval
of the preliminary plat shall be considered void, unless a request for .time
extension is submitted in writing and approved by the City Council
10-2-3: FINAL PLAT:
A. After the preliminary plat has been approved, the final plat shall be submitted for review
as set forth in the subsections which follow. The City may agree to review the preliminary
and final plats simultaneously.
B. Twenty five (25) copies of the final plat shall be submitted to the City Administrator for
distribution to the Planning Commission, City Council and appropriate City staff. The
City staff .shall examine the final plat and prepare a recommendation to the Planning
Commission. Nature of approval, disapproval or any delay in decision of the final plat
will. be conveyed to the subdivider within ten (10) days after the meeting of the City
Planning Commission at which such plat was considered.
C. Approval Of The City Council: After review of the final plat by the Planning
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Commission, such final plat, together with the recommendations of the Planning
Commission and the City staff shall be submitted to the City Council for approval. If
accepted, the finalplat shall be approved by resolution providing for the acceptance of all
agreements for basic improvements, public dedication and other requirements as
indicated by the City Council. If disapproved, the grounds for any refusal to approve a
plat shall be set forth in the proceedings of the Council and reported to the .person or
persons applying for such approval.
D. Special Assessments: When :any existing special assessments which have been levied
against the property described shall be divided and allocated to the respective lots in the
proposed plat, the City .Administrator shall estimate the clerical cost of preparing a
revised assessment roll, filing the same with the County Auditor, and making such
division and allocation, and upon approval by the Council of such cost, the same shall be
paid to the City Clerk before the final plat approval.
E. Recording Final Plat: If the final plat is approved by the City Council, the subdivider shall
record it with the County Recorder: within one hundred (100) days after said approval or
approval of the final plat shall be considered void, unless a request for time. extension is
submitted in writing and approved by the City Council. The subdivider shall, immediately
upon recording, furnish. the City Clerk with a print and reproducible tracing of the .final
plat showing evidence of the recording. No building permits shall be let for construction
of any structure on any lot in said plat until the City has received evidence of the plat
being recorded by the County.
F. Recording Final Plats Of Multi-Phased Plats: If a preliminary plat is final platted in stages
unless otherwise provided in the development contract, all stages must be final platted
into. lots and blocks, not outlots, within two (2) years after the preliminary plat has been
approved by the City Council or the preliminary plat of all phases not so final platted
within the two (2) year period shall be void.
10-2-4: PREMATURE SUBDIVISIONS:
Any preliminary plat/final plat and/or development deemed premature pursuant to the .criteria
listed below shall be denied by the City Council.
10-2-4-1: CONDITION ESTABLISHING PREMATURE SUBDIVISIONS:
A subdivision may be deemed premature should any of the provisions that follow exist:
A. Lack Of Adequate Drainage: A condition of inadequate drainage shall be deemed to exist
if:
1. Surface or subsurface water retention and runoff are such that it constitutes a
danger to the structural security of the proposed structures.
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2. The proposed subdivision will cause pollution of water sources or damage from
erosion and siltation on downhill or downstream land.
3. The proposed site. grading and development will cause harmful and irreparable
damage from erosion and siltation on downhill or downstream land.
4. Factors to be considered in making these determinations may include: average
rainfall for the area; the relation of the land to flood plains; the nature of soilsand
subsoils and their ability to adequately support surface water runoff and waste
disposal systems; the slope of the land and its effect on effluents; and the presence
of streams as related to effluent disposal.
B. Lack Of Adequate Water Supply: A proposed subdivision shall be deemed to lack. an
adequate water supply if the proposed subdivision does not have adequate sources of
water to serve the proposed subdivision if developed to its maximum permissible density
without causing an unreasonable depreciation of existing water. supplies for surrounding
areas.
C. Lack Of Adequate Roads Or Highways To Serve The Subdivision:. A proposed
subdivision shall be deemed to lack adequate roads or highways to serve the subdivision
when:
1. Roads which serve the proposed subdivision are of such a width, grade, stability,
vertical and horizontal alignment, site distance and surface condition that an
increase in traffic volume generated by the proposed subdivision would create. a
hazard to public safety and general welfare, or .seriously aggravate an already
hazardous condition, and when, with due regard to the advice of Dakota County
and/or the Minnesota Department of Transportation-, said roads are inadequate for
the intended use.
2. The traffic volume generated by the proposed subdivision would create
unreasonable highway congestion or unsafe conditions on highways existing at the
time of the application or proposed for completion within the next two (2) years.
D. Lack Of .Adequate Waste Disposal Systems: A proposed subdivision shall be deemed to
lack adequate waste disposal systems if in subdivisions for which sewer lines are
proposed, there is inadequate sewer capacity in the present system to support the
subdivision if developed to its maximum permissible density after reasonable sewer
capacity is reserved for schools, planned public facilities, and commercial and industrial
development projected for the next five (5) years; or if in subdivisions where sewer lines
are neither available nor proposed, there. is inadequate on-site sewer capacity potential to
support the subdivision is developed to the maximum permissible density indicated in the
Lakeville Comprehensive Plan, as may be amended.
E. Inconsistency With Comprehensive Plan:. A proposed subdivision shall be deemed
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inconsistent with the City's Comprehensive Plan when the subdivision is inconsistent
with the purposes, objectives and recommendations of the adopted Lakeville
Comprehensive Plan, as may be amended. Subdivisions that do not follow planned public
improvement corridors or that do not constitute an infilling of development shall be
deemed inconsistent with the City's growth strategies as outlined in the Lakeville
Comprehensive Plan.
F. Public Service Capacity: A proposed. subdivision shall be determined to lack necessary
public service capacity when services such as recreational facilities, schools, police and
fire protection and other public facilities, which must. be provided at public expense,
cannot reasonably be provided for within the next two (2) years.
G. Metropolitan Council Environmental Services (MCES) Policies: The proposed
subdivision is inconsistent with the policies of MCES, and could adversely impact critical
environmental areas or potentially disrupt or destroy historic areas, which are designated
or officially recognized by the City Council, in violation of Federal and State historical
preservation laws.
H. Inconsistency. With Capital Improvement Plans: A proposed subdivision shall be deemed .
inconsistent with capital improvement plans when improvements and/or services
necessary to accommodate the proposed subdivision have not been programmed in the
Lakeville, Dakota County or other regional .Capital Improvement Plans.. The .City Council
may waive this. criterion when it can be demonstrated that a revision to .capital
improvement programs can be accommodated.
10-2-4-2: BURDEN OF ESTABLISHING:
The burden shall be upon the applicant to show that the proposed subdivision or development is
not premature.
10-2-4-3: REGIONAL SYSTEM SERVICE INADEQUACIES:
A. Existing Conditions: An approved preliminary plat or building permit within an approved
final plat may be .deemed as premature developments if any of the following conditions
set forth are found to exist:
1. The regionally controlled metropolitan sanitary sewer interceptors or wastewater
treatment facilities are classified as having inadequate capacity to provide service
within the standards of recognized public health and safety.
2. Responsible metropolitan units of government prohibit the City from issuing
building permits.
3. Regional transportation systems are deemed as .inadequate to provide service
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levels within standards of recognized public safety.
4. Storm drainage systems under the jurisdiction of regional watershed districts, the
Army Corps of Engineers, the Minnesota Department of Natural Resources, or
other such responsible jurisdictions are inadequate to provide. service levels within
standards of recognized public health and safety.
B. City Liability Exemption: All preliminary and final plat approvals and related formal
development agreements shall stipulate and shall exempt the City .from any liability
associated with platting or building permit denial based upon factors and conditions
related to regional governmental agency and unit .jurisdictions and related service
inadequacies.
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CHAPTER 3
PLAT AND DATA REQUIREMENTS
SECTION:
10-3-1: Sketch Plan
10-3-2: Preliminary Plat
10-3-3: Final Plat
10-3-4: Certification Required
10-3-5: Engineering Standards For Final Grading, Development And Erosion Control
Plans
10-3- L• .SKETCH PLAN:
Sketch plans shall .contain, at a minimum, the following information:
A. Proposed Name of Subdivision.
B. Graphic scale of drawing (engineering scale only, not less than one (1) inch equals one
hundred (100) feet).
C. Date and North arrow.
D. Plat boundary and legal description of the property.
E. Designation of land use and current. and proposed zoning.
F. Street layout on and adjacent to plat.
G. Layout, lot areas and preliminary dimensions of lots and blocks.
H. Significant topographical or physical features.
I. Preliminary evaluation by the applicant that the subdivision is not classified as premature
based upon criteria established in Chapter 2 of this Title.
J. In cases of major, multi-phased subdivisions, applicable preliminary plat submission
information as regulated by Section 10-3-2 of this Chapter.
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
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contain the information set forth in the subsections that follow:
A. Proof of Ownership
1. Current Title Commitment or Current Title Opinion for abstract property and. a
Certificate of Title for Registered property (torrens).
2. Written authorization from current owner, if current owner is not making
application for platting.
B. A current certificate of survey, prepared and signed by a Minnesota licensed land
surveyor, depicting the following:
1. Graphic Scale of drawing (engineering scale only, not less than one (1) inch
equals one hundred (100) feet).
2. North arrow.
3. Date of survey.
4. Existing legal description of the parcel of land to be platted.
5. Existing parcel boundaries shown with .survey measurement data matching the
existing legal description of the parcel of land to be platted.
6. Area in squaxe feet and acres of the outside boundary of the parcel of land to be
platted.
7. Existing site improvements inside the outside boundaries and fifty (50) feet
outside the outside boundaries of the parcel of land to be platted.
8. All encroachments along the outside boundary of the parcel of land to be platted.
9. Easements of record (referenced in the current Title Commitment, current Title
Opinion or Certificate of Title).
10. Ponds, lakes, rivers, streams, creeks, wetlands, and other waterways bordering on
or running through the parcel of land to be platted. The ordinary high water
elevation and the one hundred (100) year flood elevation shall be shown where
applicable, if available from the City or the DNR.
11. Location, right-of--way widths and names of public streets or other public ways,
showing type, width and condition of improvements, if any, which pass through
and or are adjacent to the parcel of land being platted.
12. Location, right-of--way widths and names of railroads, if any, which pass through
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and or are adjacent to the parcel of land being platted.
13. Identify registered lands (torrens) within the outside boundaries of the parcel of
land being platted.
14. Identify all gaps and overlaps of the property being platted..
15. The outside boundary of the .property being platted must be clearly marked with
survey monumentation.
C. Preliminary Plat:
1. General Requirements:
a. The current certificate of survey must be used as a base for the preparation
of the preliminary plat.
b. Proposed name of subdivision; names shall not duplicate or too closely:.
resemble names of existing platted subdivisions within Dakota County.
Proposed. names must be verified with the Dakota County Recorder.
c. Graphic Scale of drawing (engineering scale only, not less than one (1)
inch equals one hundred (100) feet).
d. Date of preparation.
e. North arrow.
f. Location of boundary lines in relation to a known section, quarter section
or quarter-quarter section lines comprising a legal description of the
property.
g. Name and address of the property owner(s).
h. Name and address of the subdivider.
i. Name and address of the designer (and their Minnesota License Number),
if any, of the proposed plat.
j. Existing zoning classifications for lands within and abutting the proposed
plat, including shoreland zoning boundaries.
k. Boundary lines of adjoining unsubdivided or subdivided land, within three
hundred fifty (350) feet, including all contiguous land owned or controlled
by the subdivider.
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1. 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 eachlot, and shall include soils boring analysis and percolation tests to
verify conclusions.
2. Proposed Design Features:.
a. Layout of proposed streets showing the right-ofway widths, .centerline
gradients, typical street sections, and proposed names of streets in
conformance with the County Uniform Street 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 pedestrianways.
c. Location, dimensions 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 lines.
f. When lots are located on a curve,. the width of the .lot at the building
setback line..
g. Areas, other than streets, alleys, pedestrianways,. and utility easements,
intended to be dedicated or reserved for public use, including the size of
such area or areas in acres.
3. 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, infestation, 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
18
reveal the effect of the development on raffic, 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 plan
shall be for information only and shall not vest any right in the applicant.
g. The subdivider shall be required to submit a sketch plan of adjacent
properties so as to show the possible relatipnships between the proposed
subdivision and fixture subdivisions. All .subdivisions 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 that 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. A comprehensive screening plan which identifies all proposed buffering
and screening in both plan and sectional view.
k. Where irregular shaped lots have been proposed, house. plans shall be
submitted which demonstrate such lots to be buildable and the resulting
structure compatible in size and character to the surrounding area.
L Such other information as may be required.
D. Preliminary Grading Plan: The developer shall submit a preliminary grading, drainage
and erosion control plan utilizing a copy of the current certificate of survey as a base for
the site in .question, prepared and signed by a Minnesota licensed engineer, depicting-the
following information:
1. North arrow and date of preparation.
2. Graphic Scale (engineering scale only, not less than one (1) inch equals fifty (50)
feet).
3. Lot and block numbers, house. pad location, home style and proposed building pad
elevations at garage slab and lowest floor for each lot.
4. Drainage plan, including the configuration of drainage areas and calculations.
5. 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,
19
streams,. drainage channels, bluffs, steep slopes, etc.
6. 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.
7. If plat is located within or adjacent to a 100-year flood plain, flood elevations and
locations must be clearly shown on the plan.
8. Spot elevations at drainage break points. and directional arrows indicating site,
Swale and lot drainage.
9. Locations, grades, rim and invert elevations of all storm sewer facilities, including
ponds, proposed to serve the tract.
10. Locations and elevations of all street high and low points.
11. Street grades shown, with a maximum permissible grade often (10) percent and a
minimum of five-tenths (0.5%) percent.
12. Phasing of grading.
13. The location of all oversize nontypical easements.
14. 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.
15. All revegetation measures proposed for the tract, including seed and mulch types
and application rates must be included on the plan.
16. Tree preservation plan, prepared in accordance with current City standards and
specifications.
17. Existing contours at two (2) foot intervals shown as dashed lines (may be prepared
by a Minnesota licensed surveyor).. Existing contours shall extend one .hundred
fifty (150) feet outside of the tract.
18. Proposed grade elevations at two (2) foot intervals shown as solid lines.
E. Preliminary Utility Plan, prepared and signed by a Minnesota licensed engineer, depicting
the following information:
1. Easements: Location, dimension and purpose of all easements.
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2. Underground Facilities: 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 State Well Code, as may be amended, and be submitted for the approval
of the City Engineer.
4. Sewage Disposal, Public: Sanitary sewer laterals and service connections shall be
installed in accordance with the design standards of the City as approved by the
City Engineer.
5. Sewage Disposal, Private: All individual sewage treatment systems shall be
installed in accordance with all applicable State, County,. and City requirementsl.
6. Sanitary Sewer Facilities.: Locations, grades, rim and invert elevations, and sizes
of all proposed sanitary sewer facilities to serve the tract.
7. Hydrants And Valves: Location of all proposed hydrants and valves for the
proposed water mains.
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 the provisions of State Statutes2 and Dakota County Surveyor's plat review
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 platted subdivisions within Dakota County. Proposed Names must be
verified with the Dakota County Recorder.
1. M.S.A. 116.07.
2. M.S.A. 462.358, M.S.A. 505.01 et seq.
21
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 (1) foot in seven thousand five hundred (7,500) feet.
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 radiiand/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.
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 10, 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-
strips marked "drainage and utility easements".
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. specifications.
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).
10-3-5: CERTIFICATION REQUIRED:
A. Certification by registered surveyor in the form required by Minnesota Statutes, section
505.03, as amended.
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B. Execution of all owners of any interest in the land, any holders of a mortgage thereon, of
the certificates required- by Minnesota Statutes, section 505.03, as amended,. and which
certificate shall include a dedication of the utility easements and other public areas in
such form as approved by the City Council.
C. Space for certificates of approval and review to be filled in by the signatures of the chair
of the City Planning Commission and the Mayor and City Clerk. The form of certificate
by the Planning Commission is as follows:
Reviewed by the Planning Commission of the City of Lakeville.
This day of , , 20_.
Signed:
Chair
Attest:
.Secretary
The-form ofapproval of the City Council is as follows:
This day of , 20
Signed.
Mayor
Attest:
City Clerk
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. The current certificate of survey must be used as a base for the preparation of the final
grading, development and erosion control plan.
B. North arrow and date of preparation.
C. Graphic Scale of drawing (engineering scale only, not less than one (1) inch equals fifty
(50) feet).
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D. Key with all line types, symbols, shading and cross-hatching denoted.
E. Illustration key showing symbols for all information pertaining to lot and house design,
including grades, easements, lot and block, setbacks, etc.
F. 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.
G. Subject property's boundary lines, lot lines and right-of-way lines.
H. All adjacent plats, parcels, right of ways, section lines and existing topography extended a
minimum of one hundred fifty (150) feet beyond the subject parcel in all. directions.
I. Topography in two (2) 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.
J. Locations of all existing natural features must be clearly shown. 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.
K. Location of existing storm sewer facilities within one hundred fifty (150) feet of the
subject parcel.
L. If the property is within or adjacent to a 100-year flood plain, flood elevations and
locations must be clearly shown on the plan.
M. Total area of plat, all lots, outlots and ponding areas denoted on plan (tabulation
permitted).
N. Direction arrows indicating sites, Swale and lot drainage patterns. Spot elevations must be
provided at drainage break points.
O. Maximum 3:1 slopes.
P. Lot and block numbers.
Q. Proposed lot corner elevations.
R. Street names.
S. Emergency overflow swales located, labeled and spot elevations. Rear or side lot line
swales minimum one (1.0) percent grade sandy soils, and one and five-tenths (1.5)
percent grade clay soils.
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T. All ponds, swales and channels must be constructed on public easements or land owned
by the City.
U. Percent grades indicated along major drainage swales (more than twelve (12) lots).
V. 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 a minimum of eighteen (18) inches or three (3) percent above the
grade of the crown (center) of the street.
W. Style of home indicated for each lot; e.g., rambler, split level, walkout, full basement, etc.
X. Finished spot elevations at all high and low points.
Y. Locations. of all temporary cul-de-sacs.
Z. Locations of permanent street barricades.
AA. Locations of all proposed storm sewer facilities.
BB. Maximum. of six hundred (600) lineal feet of drainage from rear yard areas- permitted.
Rear yard catch basins. must be installed at the six hundred (600) foot mark, or as
determined by the City Engineer.
CC. Location of proposed draintile including cleanout locations and inverts of services to each
lot'(five (5) feet from the lot line on the downstream side of the lot). Invert information is
required.amy if depth of the is other than thirty six (36) inches City standard depth.
DD. Location of all oversized drainage and utility easements.
EE. 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.
FF. Invert elevation of inlets and outlets into ponds.
GG. Location of tree preservation fencing, and limits of clearing and grading clearly shown on
plans.
HH. Designation of lots to be mass graded and custom graded.
II. 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.
25
JJ. Locations of soil stockpile areas with temporary stabilization measures indicated.
KK. Seeding specifications, including:
1. Type of seeding (permanent, temporary, and dormant);
2. Type of seed and application rate;
3. Fertilizer type and application rate;
4. Mulch type, application rate, and method of anchoring;
5. Specifications for the installation and maintenance of erosion control mats,
blankets or netting;
6. Note requiring seeding to be completed within forty eight (48) hours of rough
grading with revegetation to occur within forty eight (48) hours of fine grading.
LL. Standard' lot benching detail must be provided.
MM. Standard detail plates and maintenance information for each of the above measures used
must also be included.
NN: 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 certification 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 of the
following:
a. Cross sections of ponds.
b. Location and elevations of all swales, drainageways and emergency
overflows.
c. All lot corners and center of house pads.
d. Tops of castings of rear yard catch basins.
4. After construction, one set of Mylar/sepia drawings is to be prepared and
submitted to the City.
26
5. Certified Grading Plans are to be submitted to the City on an electronic file,. The
electronic file must be in AutoCAD.DWG or *.DXF format and consistent with
the City's standard specification manual for Minimum Layering Requirements.
27
CHAPTER 4
DESIGN STANDARDS
SECTION:
10-4-1: Blocks
10-4-2: Lots
10-4-3: Streets And Alleys
TO-4-4: Easements
10-4-5: Erosion And Sediment Control
10-4-6: Storm Drainage
10-4-7: Protected Areas
10-4-8: Dedication Requirements
10-4-9: Minimum Design Features
10-4-10; Zoning Ordinance Consistency.
10-4-11: Tree Preservation
10-4-12; Wetlands:
10-4-1: BLOCKS:
A. In general, intersecting streets, determining block lengths, shall be provided at such
intervals so as to serve cross-traffic adequately and to meet existing streets. Where no
existing plats control, .the blocks in residential subdivisions should not exceed one
thousand three hundred twenty five (1,325) feet nor be less than four hundred (400) feet
in length,. except where topography or other conditions justify a departure from this
maxim. In blocks longer than eight hundred (800) feet, pedestrianways and/or easements
through the. block may be required near the center of the block.
B. The width of the block shall. normally be sufficient to allow two (2) tiers of lots of
appropriate depth. Blocks intended .for business or industrial use shall be of such width as
to be considered most suitable for their respective use, including adequate space for off-
street parking and deliveries.
10-4-2: LOTS:
A. The minimum lot area, width and depth shall not be less than that established by the City
Zoning Ordinance) in effect at the time of adoption of the final plat.
B. Corner lots for residential use shall have additional width to permit appropriate building
setback from both streets as required in the Zoning Ordinance.
1. See Title 11 of this Code.
28
C. Side lines of lots shall be approximately at right angles to street lines or radial to curved
street lines.
D. Every lot must have the minimum frontage on a City approved street other than an alley,
as required in the City Zoning Ordinance.
E. Setback or building lines shall be shown on all lots and shall not be less than the setback
required by the City Zoning Ordinance, as may be amended.
F. In the subdividing of any land, due regard shall be shown for all natural features, such as
tree growth, watercourses, historic spots or similar conditions which, if preserved, will
add attractiveness and stability. to the proposed development.
G. All remnants of lots below minimum size left over after subdividing of a larger tract must
either be platted as an outlot or be added to adjacent lots, rather than allowed to remain as
unusable parcels.
H. No singular plat shall extend over a political boundary or school district line without
documented notification to affected units of government.
L Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted
except: _where lots back. on major collector or arterial streets, .County or State highways,
or where topographic or other conditions render subdividing otherwise unreasonable.
Such double frontage lots shall adhere to the following requirements:
1. Double frontage lots shall. have an additional depth of at least twenty (20) feet in
order to allow space for screen plantings and/or buffering along the back lot line.
T~ ensure adequate depth for such buffering, except as may be approved by the
City Council, the following minimum depth requirements .shall be required. for
double frontage lots:
District Minimum Lot Depth
RS-1 Single Family 220 feet
RS-2 Single-Family 170 feet
RS-3 Single-Family I50 feet
RS-4 Single Family 145 feet
2. All buffer yard .requirements as regulated by the Zoning. Ordinance are
satisfactorily met.
J. Where proposed residential lots abut a major collector or arterial street, they should be
platted in such a manner as to encourage turnaround access and egress within-each lot.
K. Buffer Side Yards:
29
1. In the case of side yards involving single-family residential lots which abut major
collector or arterial streets, except as may be approved by the City Council, lot
widths shall be increased at least ten (10) feet above the minimum lot width for
the purpose of establishing a landscaped buffer screen-along the lot line bordering
such streets.
2. Buffering or side yards bordering major collector or arterial. streets shall comply
with the requirements as established by the Zoning Ordinance.
L. On single-family residential- lots determined to be :irregular in shape (e.g., triangular), the
developer shall demonstrate to the City an ability to properly place principal buildings
and accessory structures upon the site which are compatible in size and character to the
surrounding area.
M. All single-family residential lots in the RS-l, RS-2, and RS-3 Districts platted after
February 16, 1999, shall be designed in consideration of potentials for buildings
accommodating three (3) car garages, porches and decks, etc. Said buildings and
structures are to be compatible in size and character with the surrounding area.
10-4-3: STREETS AND ALLEYS:
A. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or
adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts,
or shall- be a reasonable projection of streets in the nearest subdivided .tracts. The
arrangement of thoroughfares and collector streets shall be considered in their relation to
the reasonable circulation of traffic, to topographic conditions, to runoff of storm water,
to public convenience and safety, and in their appropriate relation to the proposed uses of
the area to be served.
B. Local streets should be so planned as to discourage their use by non-local traffic.
C. Where the plat to be submitted includes only part of the tract owned or intended for
development by the subdivider, a sketch plan of a proposed future. street system and lot
layout for the unsubdivded portion shall be prepared and submitted by the subdivider.
D. In those instances where a street. is terminated pending future extension. in conjunction
with future subdivision and there is more than two hundred (200) feet between the dead
end and the nearest intersection, a temporary turnaroundfacility shall be provided at the
closed end in conformance with cul-de-sac requirements. This temporary cul-de-sac must
be placed inside a temporary roadway easement if it is located outside street right of way.
The temporary easement and turnaround shall be located within an outlot or an adjacent
undeveloped land. A security shall be required- for the turnaround. removal and
restoration as determined by the City Engineer.
E. When a tract is subdivided into larger than normal building lots or parcels,. such lots or
30
parcels shall be so arranged as to permit the logical location and openings of future streets
and appropriate resubdivision, with provision for adequate utility connections for such
resubdivision.
F. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at
right angles, except where topography or other conditions justify variations. Under
normal conditions, the minimum angle of intersection of streets shall be eighty (80)
degrees. Street intersection jogs with an offset of less than one hundred twenty five (125)
feet shall be avoided.
G. Wherever the proposed subdivision contains or is adjacent to the right of way of a U.S. or
State highway or thoroughfare, provision may be made for a marginal access street
approximately parallel and adjacent to the boundary of such right of way; provided, that
due consideration is given to proper circulation design, or for a street at a distance
suitable for the appropriate use of land between such street and right of way. Such
distance shall be determined with due consideration of the minimum distance required for
approach connections to future grade separations, or for lot depths.
H. All City sidewalks shall have a minimum width of five (5) feet in residential plats, except
along major collector and 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.. 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
Comprehensive Trail Plan. Unless otherwise directed by the City Council, all multi-
. purpose trailways identified by the City's Comprehensive Trail Plan shall have a
minimum width of eight (8) feet and be constructed of bituminous materials. Sidewalks
and multi-purpose trailways shall be accessible by handicapped persons in accordance
with. Minnesota Statutes section 471.464.
I. 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
turnaround facilities are provided at the closed end.
J. Dedication of half-streets shall not be considered for approval except where it is essential
to the reasonable development of the subdivision and in conformity with the. other
requirements of these regulations or where it is found that it will be practical to require
the dedication of the other half when the adjoining property is subdivided.
K. .All subdivisions incorporating streets which are identified in the 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
County Plat Commission.
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L. 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 (10) percent. In addition, there
shall be a minimum grade on all .streets and thoroughfares of not less than five-tenths
(0.5) percent unless approved by the City Engineer because of existing conditions.
M. The minimum curb .radii for thoroughfares, collector streets, local .streets and alleys shall
be as follows:
Alleys and driveways 5 feet
Arterial and collector streets 25 feet
Local streets 15 feet
N. Minimum design standards for collector and arterial streets shall comply with Minnesota
State Aid Design Standards..
O. Reserve strips controlling access to streets shall be prohibited except under conditions
accepted by the City Council
P. Unless approved by the City Engineer to match existing adjacent right-of--way, street
right-of-way widths shall conform'to the following standards:
Right Of Way Without .Right Of Way With
Function Classification Trails/Sidewalks Trails/Sidewalks
High density_minor
arterial 120 feet 150 feet
Low density minor
arterial 100 feet 120 feet
Parkway (all street
classifications) NA 120 feet
Major collector 80 feet 100 feet
Minor collector 66 feet 80 feet
Local commercial/
industrial 80 feet 80 feed
Local residential 60 feet 66 feet
I Increased to one hundred (100) feet at intersections with multiple turn lanes.
Q. The street section shall comply with design standards as set forth in the City Standard
Specifications. All street designs are subject to the review and approval of the City
32
Engineer.
R. 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.
S. Cut-De-Sacs/Dead-End Streets:
L Dead-end streets (temporary or permanent) .without cul-de-sac turnarounds shall
be prohibited.
2. Permanent cul-de-sacs shall be allowed only where one or more of the following
criteria have been met:
a. Area topography or other physical site conditions warrant a cul-de-sac.
b. A through street is not physically feasible or desirable due to
environmental or access spacing considerations.
3. Permanent cul-de-sacs shall not be longer than six hundred (600) feet including a
terminal turnaround which. shall be provided at the closed end, with aright-of--way
radius not less than sixty (60) feet.
4. In areas determined by the City to be environmentally sensitive .due to topography,
forestation .and/or wetlands, deviations to the design standards outlined in
subsection S3 of this Section may be allowed, provided that:
a. Such deviations are limited to the following:
(1) Right-of--way dedication, excluding turnaround area, may be
reduced from sixty (60) feet to no less than fifty (50) feet.
(2) Pavement widths may be reduced from thirty two (32) feet. to no
less than twenty eight (28) feet.
b. The following standards are met:
(1) All lots shall meet or exceed the minimum standards for the
applicable zoning district.
(2) All houses shall have an attached accessory garage of three (3)
stalls with corresponding front driveway parking apron. The curb
cut opening on the. street shall, however, meet established
standards.
(3) The required drainage and utility easement in the front yard of lots
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shall be not less than fifteen (15) feet.
(4) All custom graded lots shall have a custom .grading .plan, tree
preservation plan, and pre-approved site/building plan prior to the
issuance of building permits.
(5) The cul-de-sac length shall not exceed six hundred (600) feet
(6) Any reduction in front yard setbacks shall be processed according
to provisions of the Zoning Ordinance) .
T. Streets within the City shall be dedicated: in accordance with their functional
classification as designated within the. City's adopted Transportation Plan as may be
amended; or as recommended by the City Engineer and/or City Transportation Consultant
and approved by the City Council.
10-4-4: EASEMENTS:..
A. An easement for utilities at least ten (10) feet wide along front and rear lot lines and five
(5) feet wide along all abutting side lot lines shall be provided. An easement. for utilities
not less than ten (10) wide shall be provided adjacent to all plat boundaries. If necessary
for the extension of main water or sewer lines or similar utilities, easements of greater
width. may be required along lot lines or across lots.
B. Utility easements shall connect with easements established in adjoining properties. These
easements, when approved,. shall not thereafter be changed without the approval of the
City Council after a public hearing.
C. Easements established .over wetlands, conservation easements, and regional utility lines
shall be excluded from the calculation of "minimum lot area" as defined by this Title.
D. The .City may at its discretion choose to require outlots rather than easements ,for
wetlands, drainage areas and other natural features.
10-4-5: EROSION AND SEDIMENT CONTROL2:
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 siltation control measures shall be coordinated with the different stages of
construction. Appropriate control measures shall be installed prior to development when
1. See Title 11 of the City Code.
2. M.S.A. 40.01 et seq.
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necessary to control erosion.
C. 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.
D. When soil is exposed, the. exposure shall be for the shortest feasible period of time, as
specified in the development agreement.
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 depth of
four (4) inches 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.
H. The developer shall comply with current City specifications for erosion and sediment
control, including any specifications or .design standards specifically adopted to provide
additional protection to various categories of water bodies as defined in Section TO-4-7.
L Development shall comply with and follow all best management practices for erosion and
sedimentation control as specified in the MPCA publication "Protecting Water Quality in
Urban Areas", as may be amended.
10-4-6. STGRM DRAINAGE:
All subdivision design shall incorporate adequate provisions for storm water runoff consistent
with the Lakeville Storm Water Management Plan (SWMP) as .amended, and with established
City policies,.and conform to the following standards.
A. The proposed provisions .for storm water 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 policy..
B. A runoffwater 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. Delineation of existing on-site "wetlands", as defined in the. Wetland
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Conservation Act, lakes, streams, shoreland, and/or flood plain areas.-
3. For waterbodies and channels, a listing of normal (run-out) and calculated ten (10)
year and one hundred (100) year elevations on-site for both existing and proposed
conditions.
4. Storm water runoff volumes and rates for existing and proposed conditions.
5. All hydrologic -and hydraulic .computations completed to design the proposed
storm water .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 non-structural 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 storm water-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 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 .waterbody,
the facility or its equivalent shall be constructed to meet the goals of the
SWMP.
b. If a proposed subdivision will be directly tributary to a waterbody without
intervening detention storage, additional on-site :pond construction for
water quality treatment will be required if the waterbody is in one of the
following classifications:
Category I: Water bodies supporting direct body contact recreation such as
swimming, skin diving or water skiing.
Category Ia: Waterbodies capable of supporting a trout fishery.
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Category. IIc Waterbodies supporting. non-contact. recreational activities
such as sailboating, motor boating, canoeing and fishing.
Category IIL Waterbodies supporting. aesthetic. viewing and wildlife
habitat functions, providing open space, scenic vistas. and opportunities for
wildlife observation or warm water fishing.
Category IV: Nutrient Traps.. Waterbodies functioning mainly to reduce
downstream loading of phosphorus and other pollutants.
c. If a proposed subdivision is indirectly tributary to a Category I, II or III
waterbody and intervening regional detention storage is inadequate, in the
opinion of City staff, to meet the water quality goals for .downstream
Waterbodies as .described in the SWMP, additional on-site pond
construction will be required to meet these goals..
d. If a proposed subdivision. will increase rates. of runoff and where
downstream storm water storage or conveyance facilities are inadequate to
.protect downstream riparian owners. from effects of these increases, then
on-site storm .water storage must be constructed to restrict storm water
rates to the pre-development 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 waterbody's water .quality
category, the imperviousness of the development and the. degree to which on-site
infiltration of runoff is encouraged. 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 may be substituted provided that they provide treatment
equivalent to the requirements below:
a. Basins Tributary To Category I Waterbodies:
(1) 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
(2.5) .inch twenty four (24) hour storm over the entire contributing
drainage area assuming full development.
(2) A permanent pool average depth (basin volume/basin area) which
shall be greater than four (4) feet, with a maximum depth of less
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than ten (10) feet.
(3) An emergency spillway (emergency outlet) adequate to control the
one hundred (100) year frequency critical duration rainfall event.
(4) 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 of ten (10) feet and a
maximum slope of ten 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.
(5) To prevent short-circuiting, the distance between the major inlets
and normal outlet shall be maximized.
(6) A flood pool (temporary storage) volume above the principal outlet
spillway shall be adequate so that the peak discharge rate from the
ten (10) and one hundred (100) year frequency .critical duration
storm is not greater than the peak discharge for a similar storm and
pre-development watershed conditions.
(7) 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.
(8) Effective. energy dissipation devices which reduce outlet velocities
to four (4) feet per second or less shall consist of rip rap, stilling
pools or other such measures to prevent erosion at all storm water
outfalls into the basin and at the detention basin outlet.
(9) 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 ten (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. Computations for the design of such devices
shall be included.
(10) For purposes of erosion control, vegetation protection and wildlife
habitat enhancement,. the ten (10) year flood. level of the basin shall
be no more than two (2) feet above the normal level of the basin.
b. Basins. constructed adjacent or tributary by surface or subsurface discharge
to a Category Ia waterbody shall also meet the following design standards:
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(1) Infiltration 'areas are required for newly platted areas .with volume
sufficient to contain one and one-half (1.5) inch of runoff .from all
impervious surfaces, 'including rooftops, for existing and future
phases of development; _ and have .average depth such that this
volume. infiltrates within seventy-two (72) hours. The. infiltration
rate can be determined via direct measurement with a soil
percolation test, other permeability test, or by estimation using the
conservative end of the range given in the Dakota County Soil
Survey for the soil. type as mapped there at the discretion of the
City Engineer.
(2) Where soil permeability. does not meet. the above criteria,
additional design considerations to enhance the rate of pond
seepage such as a drain the outlet ar other measures may be
required by the City Engineer.
(3) Infiltration depressions shall not be lined nor shall mining of native
material be allowed.
(4) Re-vegetation on the. infiltration area bottoms shall consist in the
majority of plant types which can tolerate inundated condition for
periods of days and have root depths in excess of eighteen (18)
inches.
(5) The lowest topographical point in an infiltration depression should
be at least two (2) .feet above the average water table in that
location.
(6) Ponding areas-shall be set back a distance of seventy-five (75) feet
from the stream centerline to the edge of a pond. In the case of
distributed infiltration areas, this setback. may be varied. Where
the stormwater design is such. that fifty (50) percent of the
infiltration area volume is beyond one hundred (100) feet from the
channel centerline,. no setback is required.
(7) Effective energy dissipation devices which reduce outlet velocities
to four (4) feet per. second or less shall consist or rip rap, stilling
pools or .other such .measures to prevent erosion at all storm water
outfalls into the basin and at the detention basin outlet.
c. Basins Tributary To Category II Waterbodies:
(1) A permanent pool (dead storage) volume below the .normal outlet
shall be greater .than or equal to the runoff from a two (2) inch
twenty four (24) hour storm over the entire contributing .drainage
area assuming full development,
39
(2) All other requirements as listed in subsections 10-4-6B9a2 through
10 for Category I and Ia waterbodies.
d. Basins Tributary To Category III Waterbodies:
(1) A permanent pool (dead storage) volume below the normal outlet
shall be greater than or equal to the runoff from a one and one-half
(1.5) inch twenty four (24) hour stormover the entire contributing
drainage area assuming full development.
(2) All other requirements as listed in subsections 10-4-6B9a2 through
l0 for Category I and Ia waterbodies.
e. Basins Tributary To Category IV Waterbodies:
(1) Any practical measures needed to maintain the .function and
character of the Category IV waterbody.
f. Basins Tributary To Wetlands:
(1) Sedimentation capacity. capable of protecting the wetland from
filling due to water borne. silts and sand. Where. feasible,
appropriately sized sump manholes or other in-line treatment
capable of being cleaned via manholes shall be preferred.
(2) All other requirements as listed in subsections 10-4-6B9a2 through
10 for Category I waterbodies.
10-4-7: PROTECTED AREAS:
Where land proposed for subdivision is deemed environmentally sensitive by the City due to the
existence of wetlands, drainageways, watercourses, floodable areas, significant trees, steep slopes
or wooded areas or its proximity to Category Ia waterbodies, the design of said subdivision shall
clearly reflect all necessary measures of protection to ensure .against adverse environmental
impacts.
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 that allow for construction and
grading involving a minimum of alteration. to sensitive areas. Such measures, when deemed
appropriate by the City, may include, but shall not be limited to, the following:.
40
A. -The establishment of buffers designed consistent .with adopted management plans,
easements and/or outlots over wetlands, drainageways and watercourses.-
B. The implementation of flood control measures, including ponding and infiltration design
standards as specified in adopted management plans.
C. The enlargement of lots or redesign of the subdivision.
D. The submission of a tree preservation plan subject to the review of the Environmental
Affairs Committee and the approval of the City Council.
E. The utilization of appropriate erosion control measures subject to approval by the City
Engineer.
F. Soil testing to determine the ability of the proposed subdivision to support development.
G. The limitation of development on slopes steeper than three to one (3:1).
H. Structure conformance to the .natural limitations presented by the topography and soil so
as to create the least potential of soil erosion.
10-4-8: DEDICATION REQUIREMENTS:
A. As a condition of subdivision approval, subdividers shall dedicate a portion of any
proposed subdivision for conservation purposes or for public use as parks, recreational
facilities as defined and outlined in Minnesota Statutes section 471.191, playgrounds,
trails, wetlands, or open space; provided that the City may choose to accept an equivalent
amount in cash for part or all of the portion required to be dedicated based on the fair
market value of the land at the time of final approval.
B. Land shall be reasonably suitable for its intended use and shall be at a location convenient
to the people to be served. Factors used in evaluating the adequacy of proposed park and
recreation areas shall include aize, shape, topography, geology, hydrology, tree cover,
access and location. Land with trash, junk, pollutants and unwanted structures is not
acceptable.
C. The Park and Recreation Advisory Committee shall recommend to the City Council the
land and/or cash contribution requirements for proposed subdivisions.
D. Any increase in density of subdivisions shall be reviewed by the Parks and Recreation
Committee for reconsideration of park land and/or cash contribution requirements.
E. When a proposed park, playground, recreation area or other public ground has been
indicated in the City's Official Map or Comprehensive Plan and is located in whole or in
part within a proposed subdivision, it shall be designated as such on the plat and shall be
41
conveyed to the City. If the subdivider elects not to dedicate an area in excess of the land
required hereunder for such proposed public site, the City may consider acquiring the site
through purchase or condemnation.
F. Land area conveyed or dedicated to the City shall not be used in calculating density
requirements of the City Zoning Ordinance) and shall be in addition to and not in .lieu of
open space requirements for planned unit developments.
G. Where private open space for park .and recreation purposes is provided in a proposed
subdivision, such areas may be used for credit, at the discretion of the City Council,
against the land or cash dedication requirement for park and recreation purposes,
provided. the City Council finds it is in the public interest to do so.
H. The dedication requirements are presumptively appropriate. A subdivider .may request a
deviation from the presumptive requirements based upon the anticipated impact of that
particular subdivision. The request must be made before final subdivision approval by the
City.
I. In residential subdivisions where a land dedication is required, the following formula will
be used to determine the dedication requirement:
Density Units Per Acre Land Dedication Percentage
0 - 2.5- 10%
2.5 - 4 11%
4+ - 6 13%
6+ - 8 15%
8+ - 10 17%
10+ 17%-20%
In commercial. or industrial subdivisions where a land dedication is
required the following formula will. be used to determine the dedication:
five (5) percent of the gross area of land being platted.
J. In lieu of land dedication the City may require the following cash. contribution:
Commercial/industrial 5% of current market value of the
unimproved land as determined
by the County Assessor
Multi-family dwelling units $1,500.00 per dwelling unit
Single-family dwelling units $1,500.00 per dwelling unit
1. See Title 11 of this Code.
42
K. The City may elect to receive a .combination of cash, land and development of the land.
The fair market value of the land the City wants and the value of the development of the
land shall be calculated. That amount shall be subtracted from the cash contribution
required by subsection J of this Section. The remainder shall be the cash contribution
requirement.
L. "Fair market value" shall be determined as of the time of final subdivision approval in
accordance with the following:
1. The City and the developer may agree as to the fair market value, or
2. The fair market value may be based upon a current appraisal submitted to the City
by the subdivider at the. subdivider's expense. The appraisal shall be made by
appraisers who are approved members of the SREA or MAI, or equivalent real
estate: appraisal. societies.
3. If the City disputes such appraisal the City may, at the subdivider's expense,
obtain an appraisal of the property by a qualified real estate appraiser, which
appraisal shall be conclusive evidence of the fair market value of the land.
M. Planned developments with mixed land uses .shall make. cash and/or land contributions in
accordance with-this Section based upon the percentage of land devoted to the various
uses.
N. Cash contributions are to be calculated at the time of final subdivision approval. The
Council may require the payment at the time of final subdivision approval or at a later
time under terms agreed upon in the development agreement. Delayed payment shall
include interest at a rate set by the City.
Q. Cash contributions shall be deposited in the Park Dedication Fund and shall only be used
for the acquisition of land for the purposes set forth in subsection A of this Section, and
the planning and development of land for such purposes.
R. Property being subdivided without an increase in the number of lots shall be exempt from
park and trail dedication requirements if similar requirements were satisfied in
conjunction with an earlier subdivision. If the number of lots is increased, then the
dedication shall be based on the additional lots created.
10-4-9: MINIMUM DESIGN FEATURES:
The design features set forth in this Chapter are minimum requirements. The City may impose
additional or more stringent requirements concerning lot size, streets and overall design as
deemed appropriate considering the property being subdivided.
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10-4-10: ZONING ORDINANCE CONSISTENCY:
Subdivisions and preliminary and final plats may only be approved if they are consistent with the
City's Zoning Ordinance.
10-4-1 L TREE PRESERVATION:
The following process for preserving significant trees shall be required of subdividers and
homebuilders. Subdividers shall preserve, where feasible, 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 four and one-half (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 eaves or branches of the tree or one (1) foot per one (1)
inch of diameter, whichever is greater.
SIGNIFICANT TREE: A healthy tree measuring six (6) inches in diameter or greater.
TREE CERTIFICATION: Acertified-inventory of trees on the site after work is complete
listing all trees and their final disposition, which is signed by a licensed forester or
landscape architect.
TREE PRESERVATION PLAN: A plan and inventory certified by a forester or
landscape architect indicating all of the significant trees and their locations in the
proposed development or on the lot. The. tree preservation plan shall include the size,
species, tag numbers, 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 PROTECTION: Snow fencing or polyethylene .laminar safety. netting placed at the
drip-line of the significant trees to be preserved. The tree protection measures shall be
shown on tree preservation plan drawings and remain in place until all grading and
construction activity is erminated.
B. Subdividers:
L Subdividers shall:
a. Prepare a tree preservation plan superimposed-on the grading plan.
44
b. Ensure the. tree preservation. plan is followed during. the plan development
(mass grading).
c. Submit a five hundred dollar ($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 and a one. thousand dollar ($1,000.00) security
per lot` for tree preservation requirements.. The security will be included in
the development contract.
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 and proposed grades.
b. Custom graded lots.
c. Size, species, tag numbers, 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
45
requirements of two (2) two, (2) inch caliper trees is waived.
4. The subdivider shall provide a financial guarantee as part of the development
contract to guarantee replacement of all significant trees which. were to have been
saved but were actually destroyed or damaged. 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 shall be provided as part
of the development contract to ensure tree protection. The financial security,
generally one thousand dollars ($1,000.00) per lot, will be determined by the
Community and Economic Development Department based on the number and
size of trees to be saved.
5. After mass grading has been completed and streets and utilities installed, the
forester or landscape architect shall:
a. Certify in writing to the City the status of all trees indicated as save trees
in the approved plan.
b. Certify in writing to the City whether tree protection measures were
installed.
c. Certify the status of any remove designated trees that were saved.
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: a) 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 b) the builders have posted security for the custom graded lots.
8. Removal of tree preservation measures shall require written approval from the
City Engineer. Tree. preservation measures shall not be removed from the site
until the City Engineer has approved the grading as-built plans for a mass graded
site nor prior to the release of financial securities held by the City.
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 or any lot with trees designated as custom save. 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
46
will be responsible for ensuring the tree.. preservation plan is followed during
building construction.
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 oferosion-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. Homebulders 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 one .thousand dollars ($1,000.00) per lot for tree protection
requirements.
b. Certified tree plan.
c. Builders are liable for subcontractors that destroy or damage significant
trees that were indicated to be saved on the individual lot tree preservation
plan.
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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 the
final disposition of save trees on the lot and 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 replacement 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 (Basswood), Ash, Green Ash, Birch,
Honeylocust, Ginkgo (male only), Hackberry, Kentucky
..coffee tree
Coniferous Trees: Common Name Scientific Name.
Fir Abies (all varieties)/
pseudotsuga
Colorado blue Picea pungens
and green spruce
Black Hills spruce Picea abies
Austrian pine Pinus nigra
White pine Pinus strobus
Replacement trees shall not be placed on easements or street .rights of way. The
City shall determine the locations of tree replacement for subdividers' tree plans.
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.
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10-4-12: WETLANDS:
A. Every applicant for subdivision approval which includes wetland disturbing activities
must submit a wetland assessment report to the Environmental Resources Coordinator.
No subdivision approval which includes 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 the Minnesota Wetland
Conservation Act. This requirement applies to all land, public or private, located within
the City of Lakeville.
B. Utilization and development impacts to wetlands shall be consistent. with. the City's
Stormwater Management Plan.
C. Impacts to Wetlands
1. Concentrated runoff discharge .into wetlands shall be .consistent with the
stormwater management guidelines within the Lakeville Stormwater Management
Plan.
2. A protective buffer strip of natural vegetation of width seventeen (17) feet from
the delineated edge shall surround all wetlands within areas developed or
redeveloped after August 1, 2000. Grading or construction within this buffer is
prohibited.
3. Wetlands must not be drained. or filled, wholly or partially, unless. replaced by
restoring. or creating wetland areas of at least equal public value. Replacement
must be guided by the following principles in descending order of priority.
a. Avoiding the direct or indirect impact of the activity that may destroy or
diminish the wetland.
b. Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation.
c. Rectifying the impact by repairing, rehabilitating, or restoring. the affected
wetland environment.
d. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the activity:
e. Compensating for the impact by replacing or providing approved
substitute wetland resources or environments.
49
CHAPTER 5
REQUIRED BASIC IMPROVEMENTS
SECTION:
10-5-1: General Provisions
10-5-2: Monuments
10-5-3: Street Improvements
10-5-3-1: Future Street Improvements
10-5-4: Sanitary Sewer And Water Distribution Improvements
10-5-5: Off-Site Storm Water Improvement Construction Charge
10-5-5-1: Exceptions
10-5-6: Public Utilities
10-5-7: Election By City To Install Improvements
10-5-8: Railroad Crossings
10-5-1: GENERAL PROVISIONS.:
A. Before a final plat is signed. by the City, the subdivider shall pay all applicable fees and
enter into a development contract setting forth the conditions under which the plat is
approved.
B. Before afinal 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 the public improvements, the required security
shall be the. sum of the following fixed or estimated costs:
a. Utilities.
b. Streets.
c. .Street lights and operating cost for one (1) year.
d. Erosion control.
e. Engineering, to include developer's design, surveying. and inspection.
f. Landscaping.
g. Storm sewer connection charges.
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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 engineering fees.
k. Sanitary sewer area charges.
1. Lateral sanitary sewer and. watermain access charges.
m. Wetland mitigation..
n. Custom graded lots.
o. .Removal of buildings and temporary improvements as required.
p. Tree preservation.
q. Lot corners/iron monuments.
2. If the City is going to install the public improvements, the required security shall
be-the sum of the following. fixed or estimated costs:
a. - Principal amount of special assessments for public improvements to be
installed together with one year of interest.
b. Streetlights.
c. Erosion control.
d. Deferred park dedication charges on commercial and industrial property.
e. Landscaping.
f. Storm sewer connection charges.
g. Real estate tax for one year.
h. Principal amount of special assessments previously levied against .the
property together with one year of interest.
C. No final plat shall be approved by the .Council without first receiving a report from the
City Engineer that the improvements described therein together with the agreements and
documents required under this Section, meet the requirements of the City.
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-The Administrator shall also certify .that all fees required to be paid to the City in
connection with the plat have been paid or that satisfactory arrangements have been made
for payment.
D. The City shall require of a subdivider submission of a warranty/maintenance bond in the
amount equal to the original cost of the improvements or such lesser amount as agreed to
by the City Engineer. The required warranty period for materials and workmanship from
the utility contractor installing 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 approved by the City. Engineer. The required period for sod, trees and
landscaping is one growing season.
E. The subdivider is required to submit. the final plat in electronic format. The electronic
format shall be either AutoCAD.DWG file or a .DWG file. All construction record
drawings (e.g., grading, utilities, streets) shall. be in electronic format in accordance with
standard City specifications. The subdivider shall also submit one complete set of
reproducible construction plans on Mylar.
F. All of the required improvements to be installed under the provisions. of this Title shall be
approved by and subject to the inspection of the City Engineer. All of the City's. expenses
incurred as the result of the requirement. improvements shall be paid either directly,
indirectly or by reimbursement to the City by the subdivider.
10-5-2: MC?NUIVIENTS`.
A. Official monuments, as designated and adopted by the County Surveyor's office .and
approved. by the County District Court for use. as judicial monuments, shall be set at each
corner or angle on the outside boundary of the final plat or in accordance with a plan as
approved by the City Engineer. The boundary line of the .property to be included with the
plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be
indicated; all monuments and surveyor's irons to be indicated, each angle point of the
boundary perimeter to be so monumented.
B. Pipes or steel rods shall be placed at each lot corner. All United States, State, County or
other official bench marks, monuments or triangular stations in or adjacent to the property
shall be preserved in precise position and shall be recorded on the plat. All lot and block
dimensions shall be shown on the plat. and all necessary angles pertaining to the lots and
blocks, as an aid to future surveys shall be shown on the plat. No ditto marks will be
permitted in indicating dimensions.
C. To ensure 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.
52
10-5-3: STREET IMPROVEMENTS:
A. The full width of the right of way shall be graded in accordance with the provisions for
construction as outlined in Chapter 4 of this Title, Design Standards.
B. All streets .shall be improved in .accordance with the standards and specifications for
street construction as required by the City Council.
C. All streets to be surfaced .shall be of an overall width in accordance with the standards
and specifications for construction as approved by the City Council. The portion of the
right of way outside the area surfaced shall be sodded or riprapped by the developer if
deemed necessary.
D. Where required, the curb and gutter shall be constructed in accordance to the. standards
and specifications for street construction as set forth and approved by the City Council.
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.
F. Trees and boulevard sodding shall be planted in conformance with the standards and
specifications as required by the City Council.
G. Street signs of the design approved by the City Council shall be installed at each street
intersection.
H. Driveway approaches and sidewalks of standard design or pedestrian pathways as may be
required by the City Council shall be installed.
I. Street lighting fixtures as may be required by the City Council. shall be installedl.
10-5-3-1: FUTURE STREET IMPROVEMENTS:
As a condition of plat approval, when property being platted is adjacent to an existing collector
1. See in Section 7 3-5 of the City Code.
53
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 the cost
of the improvement. This. provision shall only apply when the need for the improvement is
caused by the plat or surrounding development.
10-5-4: SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS1:
A. Sanitary sewers and water facilities shall be installed in accordance with the standards
and specifications as required by the City Council and subject to the approval of the City
Engineer.
B. Where City sewer and water facilities are not available for extension into proposed
subdivision, the Council may permit the use of individual water and sewer systems in
accordance with all appropriate State and local regulations.
10-5-5: OFF-SITE STORM WATER IMPROVEMENT CONSTRUCTION CHARGE:
In accordance with the City's comprehensive storm water plan as a condition of the subdivision
approval, subdividers shall pay a charge for the construction of off-site storm water
improvement. The square foot charge. shall be established by resolution of the City Council. The
charge shall be based.-upon the gross acreage ofthe subdivision less the area to bededicated to
the City forponding; :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 that 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/a) 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.
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.
10-5-6: PUBLIC UTILITIES:
Telephone, electric, communication cable, and/or gas service lines are to be placed underground
1. .See Title 7, Chapter 5 of the City Code.
54
in accordance with the provisions of ail applicable City ordinancesl.
10-5-7: ELECTION BY CITY TO INSTALL IMPROVEMENTS:
It is the subdivider's responsibility to install all required improvements except that the City
reserves .the right to elect to install all or any part of the improvements required under the
provisions of this Title pursuant to Minnesota Statutes, chapter 429, as amended2. If the City
elects to install the improvements the City may require the developer to post a cash escrow or
letter of credit guaranteeing payment of the assessments.
10-5-8: RAILROAD CROSSINGS:
No street dedications will be accepted which require a crossing of a railroad unless sufficient
land as determined by the City Council is .dedicated to ensure a safe view.
L .See Section 7-6-1 of the City Code.
2. M.S.A. 429.021.
55
CHAPTER 6
ADMINISTRATION AND ENFORCEMENT
SECTION:
10-6-1: Nonplatted Subdivisions
10-6-2: .Variances, Planning Commission Recommendations,. Standards
10-6-2-1: Findings
10-6-2-2: Procedures
10-6-3: Violations And Penalty
10-6-3-1: Sale Of Lots From Unrecorded Plats
10-6-3-2: Receiving. Or Recording Unapproved Plats
10-6-3-3: Misrepresentations
10-6-3-4: Penalty
10-6-1: NONPLATTED SUBDIVISIONS:
A. Registered Land Surveys: All registered land surveys in the City shall be presented to the
Planning Commission in the form of a preliminary plat in accordance with the standards
set forth. in this Title for preliminary plats and the Planning Commission shall first
approve the arrangement, sizes and relationships of proposed tracts in such registered
land surveys, and tracts to be used as easements or roads should be so dedicated. Unless a
recommendation and approval have been obtained from the Planning. Commission and
City Council respectively, in accordance with the standards set forth in this Title, building
permits will be withheld for buildings on tracts which have been so subdivided by
registered land. surveys and the City may refuse to take over tracts as streets or roads or to
improve, repair or maintain any such tracts unless so approved.
B. Conveyance By Metes And Bounds: Except for approved administrative subdivisions, all
subdivisions must be platted or be approved by a registered land surveyor. Building
permits will be withheld for buildings or tracts that have been subdivided and conveyed
by this method and the City may refuse to take over tracts as streets or roads or to
improve, repair or maintain any such tracts.
10-6-2: VARIANCES, PLANNING COMMISSION RECOMMENDATIONS,
.STANDARDS
10-6-2-1: FINDINGS:
The Planning Commission may recommend a variance from the minimum standards of this Title
(not procedural provisions) when, in its opinion, undue hardship may result from strict
compliance. In recommending any variance, the Commission shall prescribe any conditions that
56
it deems necessary to or desirable for the public interest. In making its recommendations, the
Planning Commission shall take into account the nature of the proposed use of land and the
existing use of land in the vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision upon traffic conditions in the
vicinity. A variance shall only be recommended. when the Planning Commission finds:
A. That there .are special circumstances or conditions affecting the property such that the
strict application of the provisions of this Title would deprive the applicant of the
reasonable use of his land.
B. That the granting of the variance will not be detrimental to the public health, safety and
welfare or injurious to other property in the territory in which property is situated.
C. That the variance is to correct inequities resulting from an extreme physical hardship such
as topography, etc.
After considerations of the. Planning Commission recommendations, the. City Council may grant
variances, subject to subsections A, B and C immediately above.
10-6-2-2: PROCEDURES:
A. Requests fora variance or appeal shall be filed with the City.Administrator on an official.
application: form.. ,Such application shall. be accompanied by a fee as established by City
Council resolution. This fee shall not be refunded. Unless modified by the Zoning
Administrator, such application shall also be accompanied by fifteen (15) copies of
detailed written and graphic materials necessary for the explanation of the request, and a
list of property owners located. within five hundred (500) feet of the subject property
obtained from and certified by an abstract company.
B. The applicant shall be considered as being officially submitted complete when the
applicant has complied with all the specified informational requirements, which. shall
include the following:
1. A written description of the request for the variance, including an explanation of
compliance with the variance criteria set forth in this Section.
2. Supporting .materials as determined by the Zoning Administrator as applicable to
be necessary for the complete and clear definition and understanding of the
request.
3. Upon receipt of a complete application, as determined by the Zoning
.Administrator,. the City Clerk shall set a public hearing following proper hearing
notification. The Planning Commission shall conduct the hearing and report its
57
findings and. make recommendations to the City Council. Notice of said hearing
shall consist of a legal property description, description of request and property
location, and be published in the official newspaper at least ten (10) days prior to
the hearing. Written notification of said hearing shall be mailed at least ten (10)
days prior to all property owners of land within five hundred (500) feet ofthe
boundary of the property in question.
4. Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Title.
5. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in preparing a
recommendation on action to the City Council
6. .Unless excused by the. Planning Commission Chair, the applicant or a
representative thereof shall appear before the Planning Commission to answer
questions concerning the proposed variance.
7. The .Planning Commission shall make findings of fact and recommend approval
or denial of the request. The Commission's recommendation and the City staff's
report shall be presented to the City Council
5: The City Council shall not act. upon the variance until the Planning Commission
has held a public hearing on the request. The City Council shall act upon the
request within sixty (60) days from the date of submission.
9. Upon receiving the report and recommendation of the Planning Commission. and
the .City staff, the City .Administrator shall schedule the application for
consideration by the City Council. -Such reports and recommendations. shall be
entered in and made part of the permanent written .record of the City Council
meeting.
10. If, upon receiving said reports and recommendations of the Planning Commission
and City staff, the City Council finds that specific inconsistencies exist in the
review process and thus the final determination of the City Council may differ
from that of the Planning Commission, the City Council may, before taking final
action, refer the matter back to the Planning Commission for further
consideration.. The City Council shall provide the Planning Commission with a
written statement detailing the specific reasons for referral. This procedure shall
be followed only one (1) time on a singular action.
11. The City Council shall make findings of fact and approve or deny a request for
variance within thirty. (30) days after the close of the public hearing on the request.
12. A variance of this Title shall be by four-fifths. (4/5) vote of the full City Council.
58
13. In granting any variance under the provisions of this Title, the City Council. shall
designate such conditions in connection therewith as will, in its opinion, secure
substantially the .objectives of the. regulations or provisions to which the
.adjustment or variance is granted,.. as to .light, air, and the public health,. safety,
comfort, convenience and general welfare.
10-6-3: VIOLATIONS AND PENALTY:
10-6-3-1: SALE OF LOTS FROM UNRECORDED PLATS:
It shall be a misdemeanor to sell, trade, or otherwise convey any lot or parcel of land as a part of,
or in conformity with any plan, plat or replat of any subdivision or area located within the
jurisdiction of this Title unless said plan,. plat or replat shall have first been recorded in the office
of the Recorder of Dakota County.
10-6-3-2: RECEIVING OR RECORDING UNAPPROVED PLATS:
It shall be unlawful for a private individual to receive or record in any public office any plans,
plats of land laid out in building lots and streets, alleys or other portions of the same. intended to
be dedicated to public or private use, or for he use of purchasers or owners of lots fronting. on or
adjacent. thereto,. and located within.. the jurisdiction of this Title, unless the -same shall bear
thereon, by endorsement. or-otherwise, the approval of;the City Council
10-b-3-3: MTSREPRESENTATIONS:
It shall be a misdemeanor for any person owning an addition or subdivision of land within. the
City to represent that any improvement upon any of the streets, alleys or avenues of said addition
or subdivision or any sewer in said addition or subdivision has been constructed according to the
plans and specifications approved by the City Council, or has been supervised or inspected by the
City, when such improvements have not been so constructed, supervised or inspected.
10-6-3-4: PENALTY:
Anyone violating any of the provisions of this Title shall be guilty of a misdemeanor. Each
month during which compliance is delayed shall constitute a separate offense.
59
PUBLIC NOTICE
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 673
AN ORDINANCE AMENDING TITLE 10
OF THE LAKEVILLE CITY CODE,
THE SUBDIVISION ORDINANCE
Title 10 is the subdivision for Lakeville.
Minnesota. This ordinance replaces the prior
subdivision ordinance adopted December 19,
1977, and all amendments thereto, and estab-
lishes a new subdivision ordinance which con-
tains the following chapters:
Chapter 1 General Subdivision Provisions
Chapter 2 Procedures for Filing and Review
Chapter 3 Plat and Data Requirements
Chapter 4 Design Standards
Chapter 5 Required Basic Improvements
Chapter 6 Administration and Enforcement
A printed copy of the entire subdivision ordi-
nance is available for inspection by any person
at City Hall during the City Clerk's regular
office hours.
Approved for publication by the Lakeville City
Council this 17th day of July, 2000.
CITY OF LAKEVILLE
BY: Duane R. Zaun, Mayor
ATTEST:
Charlene Friedges, City Clerk
Published in Thisweek-Life Si Times on July
22, 2000.
T23
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
) SS
TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and
employee of the publisher of the newspaper known as Thisweek-Life & Times, and has full
knowledge of the facts which are stated below:
(A)The newspaper has complied with all of the requirements constituting qualification
as a legal newspaper, as provided by Minnesota Statutes 331 A.02, 331 A.07 and other applic-
able laws, as amended. (�
(B) The printed C.) C(� f rn
which is attached was cut from the columns of said newspaper, and was printed and pub-
lished once garatesuiziqfor s ; it was
first published on Saturday, the ncA day of
�and was thereafter printed and published on every Saturday to and including
Saturday, the day of ; and print-
ed 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
Ott.,..itult_<)
TITLE: Secretary
Subscribed and sworn to before me on this 1At.
day of
Notary Public
CAROL J. HAVERLAND
Notary Public
MinneS0la
My Commission Expbs ,M. 31, 2005