HomeMy WebLinkAbout0866ORDINANCE NO. 866
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE LAKEVILLE
CITY CODE, THE SUBDIVISION ORDINANCE, CONCERNING
NOMENCLATURE, SUBMITTAL REQUIREMENTS, ENGINEERING STANDARDS,
SECURITIES AND WARRANTY REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 10- 1 -5.A. of the City Code is hereby amended to read as
follows:
A. Division Of One Lot: The subdivision of one 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 Proof of Ownership:
a. Current title commitment or current title
opinion for abstract property and a
certificate of title for registered property
(torrens).
3. Submittal of a Certificate of Survey: A current
certificate of survey, prepared and signed by a
Minnesota licensed land surveyor, depicting the
following:
a. Graphic scale of drawing (engineering scale
only, not less than 1 inch equals 50 feet).
b. North arrow.
C. Date of survey.
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e. Existing parcel boundaries shown with survey
measurement data matching the existing legal
description of the parcel of land to be
subdivided.
f. Area in square feet and acres of the outside
boundary of the parcel of land to be
subdivided.
g. Existing site improvements within the
subject property and fifty feet(50') outside
the boundaries of the parcel of land to be
subdivided.
h. All encroachments along the outside boundary
of the parcel of land to be subdivided.
i. Easements of record (referenced in the
current title commitment, current title
opinion or certificate of title).
j. Basins, lakes, rivers, streams, creeks,
delineated wetlands, and other waterways
bordering on or running through the parcel of
land to be subdivided. The ordinary high -
water elevation and the 100 -year flood
elevation shall be shown where applicable, if
available from the City or the DNR.
k. 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 subdivided.
1. Location, right -of -way widths and names of
railroads, if any, which pass through and /or
are adjacent to the parcel of land being
subdivided.
M. Identify registered lands (torrens) within
the outside boundaries of the parcel of land
being subdivided.
n. Identify all gaps and overlaps of the
property being subdivided.
o. The outside boundary of the property being
subdivided must be clearly marked with survey
monumentation.
p. The boundary shown with survey measurement
data and legal description of the lots as
they are proposed to be subdivided.
q. The boundary and legal description of any
proposed easements on the property. A
drainage and utility easement at least ten
feet (10') wide must be provided along all
property lines. A drainage and utility
easement may also be required over wetland,
wetland buffers, stormwater basins, lakes,
drainage channels and tributaries.
r. Dedication of easements for public streets
consistent with the city's comprehensive
transportation plan may also be required.
Section 2. The following definitions included in Section 10 -1 -6 of the City Code
are hereby amended to read as follows:
COMPREHENSIVE PLAN: The Lakeville Comprehensive Plan, which
includes various chapters addressing land use,
transportation, water system, sanitary sewer, water
resources, wetland management, parks, trails and open space
and capital improvements.
Lot, Unit: Lots created from the subdivision of a base lot
for the purpose of developing detached townhouse, two -
family, attached townhouse or condominium residential,
commercial or industrial developments or developments with
more than one principal structure on a lot whereby the
individual units have title to the portion of land that is
generally underlying the structure.
SOUTH CREEK STORMWATER DISTRICT: The watershed of South
Creek as defined in the water resources management plan.
STREETS:
Collector Streets: Those streets that carry traffic from
local streets to the major system of 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.
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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 arterials; and which provide
access to abutting properties and protection from through
traffic.
Arterial Streets: Those streets carrying larger volumes of
traffic and serving as links between various subareas of
the community. 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.
Section 3. The following definitions included in Section 10 -1 -6 of the City Code
are hereby repealed:
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.
Section 4. Section 10 -3 -1 of the City Code is hereby amended to read as
follows:
10 -3 -1: 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 1 inch equals 100 feet).
C. Date and north arrow.
D. Plat boundary and legal description of the property.
E. Designation of land use and current and /or proposed
zoning.
F. Existing site improvements within the subject property
and fifty feet (50') outside the boundaries of the
parcel of land to be subdivided.
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G. Street layout on and adjacent to the proposed
subdivision.
H. Layout, lot areas and preliminary dimensions of lots
and blocks.
I. Topographical or physical features, including but not
limited to:
1. Existing contours at two foot (2') intervals shown
as dashed lines (may be prepared by a Minnesota
licensed surveyor). Existing contours shall extend
one hundred fifty feet (150') outside of the
tract.
2. Proposed grade elevations at two foot (2')
intervals shown as solid lines.
3. Stormwater basins.
J. Basins, lakes, streams, rivers, or other waterways
bordering on or running through the subject property
and delineation of any or portions of any wetlands
within or adjacent to the subject property.
K. Preliminary evaluation by the applicant that the
subdivision is not classified as premature based upon
criteria established in Chapter 2 of this Title.
L. In cases of major, multi - phased subdivisions,
applicable preliminary plat submission information as
regulated by Section 10 -3 -2 of this Chapter.
Section 5. Section 10- 3- 2.13.10 of the City Code is hereby amended to read as
follows:
10. Basins, lakes, rivers, streams, creeks, wetlands, and
other waterways bordering on or running through the
parcel of land and delineation of any or portions of
any wetlands within the subject property to be
platted. The ordinary high -water elevation and the
100 -year flood elevation shall be shown where
applicable, if available from the City or the DNR.
Section 6. Section 10- 3- 2.C.3.c of the City Code is hereby amended to read as
follows:
C. An accurate soil survey of the subdivision prepared by
a registered soils engineer.
Section 7. Section 10- 3- 2.C.3.d of the City Code is hereby amended to read as
follows:
d. A survey prepared by a licensed or registered forester
or landscape architect identifying tree coverage in the
proposed subdivision in terms of type, weakness,
maturity, potential hazard, infestation, vigor, density
and spacing.
Section 8. Section 10- 3 -2.C.3 of the City Code is hereby amended to include
the following provisions:
M. The preliminary plat shall include a table with
the following information:
1. Gross acres.
2. Net developable acres.
3. Comprehensive Plan land use designation.
4. Existing and /or proposed zoning.
5. Gross unit density.
6. Net unit density.
7. Acres of right -of -way.
8. Acres of wetland.
9. Acreage of each outlot.
n. Site dimension plan.
Section 9. Section 10- 3 -2.D.4 of the City Code is hereby amended to read as
follows:
4. Drainage plan, with a narrative, including the
configuration of drainage areas and calculations.
The locations of proposed infiltration basins
must include soil borings and infiltration tests.
Section 10. Section 10- 3 -2.D.6 of the City Code is hereby amended to read as
follows:
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6. Location of all existing storm sewer facilities,
including pipes, manholes, catch basins,
stormwater basins, swales, and drainage channels
within one hundred fifty feet (150') of the tract.
Existing pipe grades, rim and invert elevations,
and normal and high -water elevations must be
included.
Section 11. Section 10 -3 -2. D.9 of the City Code is hereby amended to read as
follows:
9. Locations, grades, rim and invert elevations of
all storm sewer facilities, including stormwater
basins, proposed to serve the tract.
Section 12. Section 10- 3- 2.D.14 of the City Code is hereby amended to read as
follows:
14. A stormwater pollution prevention plan
(SWPPP)including 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.
Section 13. Section 10- 3- 2.D.19 of the City Code is hereby amended to read as
follows:
19. Appropriate wetland permits in conformance with
the wetland conservation act, the city's Wetland
Management Plan and buffer requirements.
Section 14. Section 10- 3- 2.D.20 of the City Code is hereby amended to read as
follows:
20. All modular block retaining walls to be
constructed as part of the subdivision grading
plan must meet MN /DOT requirements. A registered
engineer must design any retaining wall that has a
combined height greater than four feet (4'). The
building official must approve the retaining wall
plans and each retaining wall is subject to
issuance of a separate building permit.
Section 15. Section 10 -3 -3 of the City Code is hereby amended to add the
following provision:
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0. The following information shall be provided with the
final plat:
1. Gross acres.
2. Net developable acres.
3. Comprehensive Plan Land use designation.
4. Existing and /or proposed zoning.
5. Gross unit density.
6. Net unit density.
7. Acres of right -of -way.
8. Acres of wetland.
9. Acreage of each outlot.
Section 16. Section 10 -3 -5.F of the City Code is hereby amended to read as
follows:
F. Bench Mark: The bench mark provided must be based upon
the Dakota County Coordinate System. Copies of level
loops for newly established bench marks must be
provided with the initial submittal of the grading
plan.
Section 17. Section 10 -3 -5.H of the City Code is hereby amended to read as
follows:
H. Adjacent Area Information: All adjacent plats, parcels,
rights -of -way, section lines and existing topography
extended a minimum of one hundred fifty feet (150')
beyond the subject parcel in all directions.
Section 18. Section 10 -3 -53 of the City Code is hereby amended to read as
follows:
T. Stormwater Basins, Swales, Etc.: All stormwater basins,
Swales and channels must be constructed on public
easements or land owned by the city.
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Section 19. Section 10- 3 -5.FF of the City Code is hereby amended to read as
follows:
FF. Inlets And Outlets: Invert elevation of inlets and
outlets into stormwater basins.
Section 20. Section 10- 3- 5.NN.2 of the City Code is hereby amended to read
as follows:
2. The "as constructed" grading plan must include
certification by a registered land surveyor or
engineer that all stormwater basins, swales and
drainageways have been constructed on public
easements or land owned by the city.
Section 21. Section 10- 3- 5.NN.3.a of the City Code is hereby amended to read
as follows:
a. Cross sections of stormwater basins.
Section 22. Section 10- 3- 5.NN.3.c of the City Code is hereby amended to read
as follows:
C. All lot corners and center of house pads at the
front and rear.
Section 23. Section 10- 3- 5.NN.4 of the City Code is hereby amended to read
as follows:
4. After construction, one set of mylar drawings is to be
prepared and submitted to the city.
Section 24. Section 10- 4 -2.J.1 of the City Code is hereby amended to read as
follows:
1. Ten percent (100) for single, two- family and
townhouse dwellings and all underground parking.
Section 25. Section 10 -4 -3.A of the City Code is hereby amended to read as
follows:
A. Streets, Continuous: Except for cul -de -sacs, streets
shall connect with streets already dedicated in
adjoining or adjacent subdivisions, or provide for
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future connections to adjoining unsubdivided tracts,
or shall be a reasonable projection of streets in the
nearest subdivided tracts. The arrangement of arterial
and collector streets shall be considered in their
relation to the reasonable circulation of traffic, to
topographic conditions, to runoff of stormwater, to
public convenience and safety, and in their
appropriate relation to the proposed uses of the area
to be served.
Section 26. Section 10 -4 -3.D of the City Code is hereby amended to read as
follows:
D. Temporary Cul -De -Sacs:
1. In those instances where a street is terminated
pending future extension in conjunction with
future subdivision and there is more than two
hundred feet (200') or two (2) dwelling units
accessed between the dead end and the nearest
intersection, a temporary turnaround shall be
provided at the closed end in conformance with
cul -de -sac requirements.
2. 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.
3. The temporary cul -de -sac shall be paved with
bituminous within one (1) year of construction.
4. Security shall be required for the turnaround
removal and restoration.
Section 27. Section 10 -4 -3.H of the City Code is hereby amended to read as
follows:
H. Sidewalks and Multipurpose Trailways:
1. Concrete sidewalks shall be installed along one
side of all local streets (not including cul -de-
sacs) within residential plats and along both
sides of local streets within commercial plats
and along both sides of minor collector streets
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designated by the city's Transportation Plan.
All sidewalks shall have a minimum width of five
feet (5') except sidewalks in commercial plats,
which shall have a minimum width of eight feet
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2. Multipurpose trailways shall be installed on both
sides of major collectors, arterials and other
designated roadways as shown in the Parks, Trails
and Open Space Plan. Unless otherwise directed by
the city council, all multipurpose trailways
identified by the Parks, Trails and Open Space
Plan shall have a minimum width of emit- ten feet
(10') and be constructed of bituminous materials.
3. Concrete sidewalks and multipurpose bituminous
trailways shall be accessible by handicapped
persons in accordance with Minnesota statutes
section 471.464.
4. The subdivider shall be responsible for the
payment of the cost of sidewalks. The cost of
multipurpose trailways shall be apportioned:
subdivider one hundred percent (1000) of the cost
of grading and restoration and five - eighths (
of all other costs, city three - eighths ( of
cost excluding grading and restoration.
Section 28. Section 10 -4 -3.K of the City Code is hereby amended to read as
follows:
K. Compliance With The Dakota County Transportation Plan:
All subdivisions incorporating streets which are
identified in the county transportation plan, as
amended, shall comply with the minimum right of way,
surfaced width, and design standards as outlined in
said plan, and must be reviewed and approved by the
Dakota County Plat Commission.
Section 29. Section 10 -4 -31 of the City Code is hereby amended to read as
follows:
L. Street Grades: Except when, upon the recommendation of
the city engineer, the topography warrants a greater
maximum, the grades in all streets, arterials,
collector streets, local streets and alleys in any
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subdivision shall not be greater than ten percent
(100). In addition, there shall be a minimum grade on
all streets and arterials of not less than five - tenths
percent (0.50) unless approved by the city engineer
because of existing conditions.
Section 30. Section 10 -4 -3.M of the City Code is hereby amended to read as
follows:
M. Curb Radius: The minimum curb radii for arterials,
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
Section 31. Section 10 -4 -3.P of the City Code is hereby amended to read as
follows:
P. Street Right Of Way Widths: Unless approved by the
city engineer to match existing adjacent right of way,
street right of way widths shall conform to the
following standards:
Functional
Right Of Way
Right Of Way
Classification
Without
With
Trails /Sidewal
Trails /Sidewal
ks
ks
A -Minor Expander
n/a
150 feet
A -Minor
n/a
150 feet
Collector
A -minor Reliever
n/a
100 feet
B -Minor Arterial
n/a
120 feet
Major collector
80 feet
100 -120
feet
Minor collector
66 feet
80 feet
Local
80 feet
80 feed
commercial/
industrial
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Local 60 feet 66 feet
residential
Note:
1. Increased to 100 feet at intersections
with multiple turn lanes.
Section 32. Section 10- 4 -3.S.1 of the City Code is hereby amended to read as
follows:
1. Permanent dead end streets without cul -de -sac
turnarounds are prohibited.
Section 33. Section 10- 4- 3.S.3. of the City Code is hereby amended to read as
follows:
3. The length of a permanent cul -de -sacs street shall not
be less than one hundred fifty feet (150') nor longer
than six hundred feet (600') and shall include a
turnaround which shall be provided at the closed end,
with a right of way radius not less than sixty feet
(60'). The length of the cul -de -sac shall be measured
from the intersection of the centerlines of the cul-
de -sac and the intersecting street to the center point
of the cul -de -sac right of way turnaround.
Section 34. Section 10- 4- 3.S.4.a(2) of the City Code is hereby amended to
read as follows:
(2) Street widths measured from back of curb to back
of curb may be reduced from thirty two feet (32')
to no less than twenty eight feet (28').
Section 35. Section 10 -4 -4.A of the City Code is hereby amended to read as
follows:
10 -4 -4: EASEMENTS:
A. Width and Location: An easement for drainage and
utilities at least ten feet (10') wide along front and
rear lot lines and five feet (5') wide along all
abutting side lot lines shall be provided. An easement
for drainage and utilities not less than ten feet
(10') wide shall be provided adjacent to all plat
boundaries. If necessary for the extension of main
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water or sewer lines or similar utilities, easements
of greater width may be required along lot lines or
across lots.
B. Continuous Easement Locations: Drainage and futility
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. Exclusion From Minimum Lot Area: Drainage and utility
easements established over stormwater basins,
wetlands, wetland buffers, conservation easements, and
regional utility lines shall be excluded from the
calculation of "minimum lot area" as defined by this
Title.
D. Outlot Alternative: The City may at its discretion
choose to require outlots rather than drainage and
utility easements for wetlands, drainage areas and
other natural features.
Section 36. Section 10 -4 -6 of the City Code is hereby amended to read as
follows:
10 -4 -6: STORM DRAINAGE:
All subdivision design shall incorporate adequate
provisions for stormwater runoff consistent with the WRMP,
water resources management plan as amended, and with
established City policies, and conform to the following
standards;
A. Plan Required: The proposed provisions for stormwater
runoff shall be documented in a runoff water
management plan including a narrative, prepared by a
Minnesota licensed engineer to the minimum standards
described in subsection B of this Section.
B. Minimum Standards For Runoff Water Management Plans: A
runoff water management plan shall include the
following items:
1. A map containing a delineation of the sub -
watershed contributing runoff from off -site, and
proposed and existing sub - watersheds on -site. The
delineation shall conform to the nomenclature of
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the water resources management plan and shall
indicate any significant departures from the
watershed delineation of the water resources
management plan.
2. Delineation of existing on site "wetlands ", as
defined in the wetland conservation act, lakes,
watercourses, shoreland, and /or floodplain areas.
3. For water bodies and channels, a listing of
normal (runout) and calculated 10 -year and 100 -
year elevations on site for both existing and
proposed conditions.
4. Stormwater runoff volumes and rates for existing
and proposed conditions.
5. All hydrologic and hydraulic computations
completed to design the proposed stormwater
management facilities. Reservoir routing
procedures and critical duration runoff events
shall be used for design of water storage areas
and outlets.
6. A checklist of best management practices to
demonstrate that, to the maximum extent
practical, the plan has incorporated the
structural and nonstructural best management
practices described in the book "Protecting Water
Quality In Urban Areas ", published by the
Minnesota Pollution Control Agency or the
applicable publications.
7. A grading plan identifying stormwater overflow
routes along streets or drainage easements
designed to protect structures from damage due
to.
a. Storms in excess of the design storm, or
b. Clogging, collapse or other failure of the
primary drainage facilities.
8. An assessment of the potential for construction
or contribution to regional detention basins, as
opposed to the construction of on -site stormwater
basins. The water resources management plan
identifies potential regional stormwater basins
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for control of rate and nutrient loading. The
following criteria shall be used to determine
whether on -site storage is required for within
the subdivision:
a. If the runoff water management plan
indicates construction or enlargement of a
storage site or water quality storage in a
wetland or other water body, the facility or
its equivalent shall be constructed to meet
the goals of the water resources management
plan.
b. If a proposed subdivision is indirectly
tributary to a water body and intervening
regional detention storage is inadequate, in
the opinion of city staff, to meet the water
quality goals for downstream water bodies as
described in the water resources management
plan, additional on site stormwater basin
construction will be required to meet these
goals.
C. If a proposed subdivision will increase
rates of runoff and where downstream
stormwater storage or conveyance facilities
are inadequate to protect downstream
riparian owners from effects of these
increases, then on site stormwater storage
must be constructed to restrict stormwater
rates to the predevelopment rates.
9. Where on site water quality detention basins are
required, copies of the calculations determining the
design of the basins. The size and design
considerations will be dependent on the receiving
water body's water quality category, the
imperviousness of the development and the degree to
which on site infiltration of runoff is encouraged.
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
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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. A permanent pool (dead storage) volume below the
normal outlet shall be greater than or equal to
the runoff from a two and one -half inch (2.5 ")
24 -hour storm over the entire contributing
drainage area assuming full development.
b. A permanent pool average depth (basin
volume /basin area) which shall be greater than
four feet (4'), with a maximum depth of less than
ten feet (10').
C. An emergency spillway (emergency outlet) adequate
to control the 100 -year frequency critical
duration rainfall event.
d. Basin side slopes above the normal water level
should be no steeper than three to one (3:1) when
possible, and preferably flatter. A basin shelf
with a minimum width of ten feet (10') 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.
e. To prevent short circuiting, the distance between
the major inlets and normal outlet shall be
maximized.
f. A flood pool (temporary storage) volume above the
principal outlet spillway shall be adequate so
that the peak discharge rate from the 1 -, 10- and
100 -year frequency critical duration storm is not
greater than the peak discharge for a similar
storm and predevelopment watershed conditions.
g. Extended detention of runoff from the more
frequent (1 -year to 5 -year) storms shall be
achieved through a principal spillway design
which shall include a perforated vertical riser,
a small orifice outlet or a compound weir. The
spillway must be constructed of a limited
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maintenance material. The use of treated or
naturally decay resistant timber shall not be
allowed.
h. Effective energy dissipation devices which reduce
outlet velocities to four feet (4') per second or
less shall consist of riprap, stilling pools or
other such measures to prevent erosion at all
stormwater outfalls into the basin and at the
detention basin outlet.
i. Trash and floatable debris skimming devices shall
be placed on the outlet of all on site detention
basins to provide treatment up to the critical
duration 10 -year storm event. These devices can
consist of baffled weirs, submerged inlets or
other such measures capable of restricting the
overflow of floatable materials, including
litter, oil and grease. The skimming device must
be constructed of a limited maintenance material.
The use of treated or naturally decay resistant
timber shall not be allowed. Computations for the
design of such devices shall be included. The
maximum velocity through the skimming device
shall be less than one foot (1') per second (fps)
on the 2 -year twenty four (24) hour event.
j. For purposes of erosion control, vegetation
protection and wildlife habitat enhancement, the
10 -year flood level of the basin shall be no more
than two feet (2') above the normal level of the
basin.
10. For subdivisions that create one or more acres of new
impervious surface, the following volume control
practices shall apply:
a. Post - construction Water Quality Criteria:
(1) Post - construction stormwater runoff quality
measures shall meet the standard for the
general permit authorization to discharge
stormwater associated with construction
activity under the national pollutant
discharge elimination system /state disposal
system permit program permit MN R100001
(NPDES general construction permit) issued
by the Minnesota Pollution Control Agency,
UM
August 1, 2008, as amended; except where
more specific requirements are provided in
subsections BlOa(2), B10a(3) and BlOa(4) of
this section.
(2) Infiltration /filtration options, and credits
described under runoff volume control
criteria are the preferred approach to
satisfying the water quality treatment
requirements of the NPDES general
construction permit in areas that drain to
the trout stream portions of the Vermillion
River and its tributaries where such areas
do not first drain to a water body with ten
(10) or more acres of open water.
(3) The water quality control volumes necessary
to meet the NPDES general construction
permit that are satisfied using infiltration
or filtration technologies can count toward
the volume control requirements of this
section.
(4) Stormwater basins with permanent wet pools
are allowed if the applicant demonstrates:
(A) That the wet stormwater basin is
designed for pretreatment prior to
discharge into an
infiltration /biofiltration area, or
(B) That the volume control requirements of
this section are met and the following
measures are used to the extent
practical in order of decreasing
preference:
(i) The wet stormwater basin is
designed with a combination of
measures such as shading, filtered
bottom withdrawal, vegetated swale
discharges, or constructed wetland
treatment cells that will limit
temperature increases.
(ii) Additional volume control measures
and credits are used beyond that
required to meet the runoff volume
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standards as a means of limiting
the frequency and duration of
discharges from the stormwater
basin.
b. Peak Runoff Rate Control Criteria:
(1) A hydrograph method based on sound hydrologic
theory as approved by the city engineer will be
used to analyze runoff for the development design
or analysis of flows and water levels.
(2) Runoff rates for proposed activities and
development shall:
(A) Not exceed existing runoff rates for the 1-
year and 10 -year critical duration storm
events.
(B) Not exceed the existing rate for the 100 -
year critical duration storm event.
C. Runoff Volume Control Criteria:
(1) All new development and redevelopment, where
feasible, must provide for the infiltration or
retention on site of 0.5 inch of runoff from all
new impervious surfaces on the developed site,
except for 1.5 inches in the South Creek drainage
district.
(2) Credits for site design to meet the volume
control requirements may be considered and must
be approved by the city engineer prior to the
design of infiltration or filtration facilities.
(3) Other credits as may be approved by the city
engineer.
(4) The water quality control volumes necessary to
meet the NPDES general construction permit that
are satisfied using infiltration or filtration
technologies (filtration only on type C and D
soils), can count toward the volume control
requirements of this section.
(5) When using infiltration for volume control:
20
(A) Infiltration volumes and facility sizes
shall be calculated:
(i) Using the appropriate hydrological soil
group classification and saturated
infiltration rate from the table below,
or
Hydrologic
Soil Type
Infiltration
Rate
Soil Texture
A
0.30 inches /hour
Sand, loamy sand, or sand loam
B
0.15 inches /hour
Silt loam or loam
C
0.07 inches /hour
Clay loam, silty clay loam, silty
clay or clay
Source: Urban Hydrology Or Small Watersheds (SCS, 1986), as
amended.
(ii) Using documented site specific
infiltration or hydraulic conductivity
measurements completed by a licensed
soil scientist or engineer, or
(iii) Using the method provided in the
"Minnesota Stormwater Manual"
volume 2 (MPCA 2005), pages 18
through 21 of chapter 12 -INF, and
(B) The design shall consider the infiltration
rates of the least permeable horizon within
the first five feet (5') below the bottom of
the infiltration practice; and
(C) The system shall be capable of infiltrating
the required volume in forty eight (48)
hours, except in the south creek drainage
area where the system shall infiltrate the
required volume in seventy two (72) hours.
(6) Constructed infiltration facilities, such as
infiltration basins and trenches:
(A) Must include pretreatment of stormwater
runoff designed to protect the infiltration
system from clogging with sediment and to
protect ground water quality. Pretreatment
21
for these facilities must be designed to
remove at least fifty percent (500) of the
inflow sediment loads. Pretreatment can
consist of vegetative swales, filter strips,
sediment forebays /traps, grit chambers or
other measures;
(B) Cannot be used within four hundred feet
(400') of a municipal or other community
supply well or within one hundred feet
(100') of a private well unless specifically
allowed by an approved wellhead protection
plan;
(C) Cannot be used for runoff from fueling and
vehicle maintenance areas and industrial
areas with significant exposed materials;
(D) Cannot be used on areas with less than three
feet (3') vertical separation from the
bottom of the infiltration system and the
seasonal high water table, except for
regional infiltration basins with the
approval of the city engineer;
(E) Cannot be used in type D soils.
(7) Infiltration areas must be fenced or otherwise
protected from disturbance during construction as
outlined in the state of "Minnesota Stormwater
Manual" (MPCA 2005), chapter 12 -INF IV.
(8) Infiltration facilities must be designed so that
volumes in excess of the design volume are safely
conveyed into the downstream stormwater system.
(9) Volume control may be waived by the city for
sites with impermeable soils or where a shallow
water table prevents construction of infiltration
systems. If the applicant claims that
infiltration is not feasible on site, the
applicant must provide supporting documentation
to the city. If the city agrees that infiltration
is not feasible, the applicant shall design
alternative stormwater runoff treatment methods
including the following in order of decreasing
preference:
22
(A) Credits and site design practices to
minimize the creation of connected
impervious surfaces are used to the extent
practical.
(B) Under drains to promote filtration instead
of infiltration.
(C) Off site infiltration.
(D) On site wet detention with permanent pool
volume below the normal outlet that is
greater than or equal to the runoff from a
2.5 inch, twenty four (24) hour storm over
the entire contributing drainage area,
assuming full development.
(10) Vegetation used in conjunction with infiltration
systems must be tolerant of urban pollutants and
the range of soil moisture conditions
anticipated.
(11) Infiltration facilities must conform to the
minimum setbacks required by the Minnesota
department of health, as summarized below:
Setback From
Minimum
Distance
(Feet)
Property line
10
Building foundation (with slopes directed away
10
from building)
Septic system tank /leach field
35
(12) Infiltration depressions shall not be lined nor
shall mining of native material be allowed.
(13) In the South Creek drainage district stormwater
basins shall be set back a distance of seventy
five feet (75') from the stream centerline to the
edge of a stormwater basin. In the case of
distributed infiltration areas, this setback may
be varied. Where the stormwater design is such
that fifty percent (500) of the infiltration area
23
volume is beyond one hundred feet (100') from the
channel centerline, no setback is required.
(14) In the South Creek drainage district effective
energy dissipation devices which reduce outlet
velocities to four feet (4') per second or less
shall consist of riprap, stilling pools or other
such measures to prevent erosion at all
stormwater outfalls into the basin and at the
detention basin outlet.
C. Easements: The applicant shall establish, in a form
acceptable to the city, temporary and perpetual
easements, or dedicated outlots, for ponding, flowage,
and drainage purposes over hydrologic features such as
water bodies and stormwater basins. The easements or
outlots shall include the right of reasonable access
for inspection, monitoring, maintenance, and
enforcement purposes.
D. Drainage Alterations: No person or political
subdivision shall artificially drain surface water, or
obstruct or divert the natural flow of runoff so as to
affect a drainage system, or harm the public health,
safety, or general welfare, unless the drainage plan
complies with the following:
1. Outlets from landlocked basins with a tributary
drainage area of one hundred (100) acres or more
will be allowed, provided such outlets are
consistent with the Lakeville water resources
management plan, this code, state and federal
regulations, and the downstream impacts, riparian
impacts, and habitat impacts of such outlets have
been analyzed and no detrimental impacts result.
The analysis and determination of detrimental
impacts shall:
a. Use a hydrograph method approved by the city
engineer to analyze runoff for the design or
analysis of flows and water levels;
b. Ensure a hydrologic regime consistent with
the peak runoff rate control criteria and
the runoff volume control criteria of this
section;
24
C. Ensure the outlet does not create adverse
downstream flooding or water quality
conditions, or materially affect stability
of downstream major waterways;
d. Maintain dead storage within the basin to
the extent possible while preventing damage
to property adjacent to the basin;
e. Ensure that the low floors of new structures
adjacent to the basin are set consistent
with the city floodplain standards; and
f. Ensure that proposed development tributary
to the landlocked basin has incorporated
runoff volume control practices to the
extent practical.
2. Artificial drainage, flow obstruction, and
diversions involving waterways, public waters,
public water wetland, wetlands with drainage
areas of six hundred forty (640) acres or more
will be allowed, provided such alterations or
diversions are consistent with the Lakeville
water resources management plan, city ordinances,
state and federal regulations, and the downstream
impacts, riparian impacts and habitat impacts of
such alterations or diversions have been analyzed
and no detrimental impacts result. Proposals for
drainage alterations and diversions shall
demonstrate that:
a. There is a reasonable necessity for such
drainage alteration or diversion to improve
or protect human health and safety, or to
improve or protect aquatic resources;
b. Reasonable care has been taken to avoid
unnecessary adverse impacts to upstream and
downstream land;
C. The utility or benefit accruing to the land
on which the drainage will be altered
reasonably outweighs the gravity of the harm
resulting to the land receiving the burden;
and
25
d. The drainage alteration or diversion is
being accomplished by reasonably improving
and aiding the normal and natural system of
drainage according to its reasonable
carrying capacity, or in the absence of a
practicable natural drain, a reasonable and
feasible artificial drainage system is being
adopted.
3. Drainage alterations, diversions, and landlocked
basin outlets shall be provided with stable
channels and outfall.
Section 37. Section 10 -4 -7.13 of the City Code is hereby amended to read as
follows:
B. The implementation of flood control measures,
including stormwater basins and infiltration design
standards as specified in adopted management plans.
Section 38. Section 10 -4 -8.J of the City Code is hereby amended to read as
follows:
J. Cash Contribution: In lieu of park land dedication the
city may require the developer to submit a cash fee
according to the Park Dedication Fee Schedule adopted
by Ordinance.
Section 39. The following definition included in Section 10- 4 -11.A of the City
Code is hereby amended to read as follows:
TREE PRESERVATION PLAN: A plan and inventory certified by a
licensed or registered 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.
Section 40. Section 10- 4- 11.B.1.c of the City Code is hereby amended to read
as follows:
26
C. Submit a one thousand five hundred dollar
($1,500.00) security 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 to be saved a one thousand
dollar ($1,000.00) security for each outlot with
at least one significant tree to be saved. The
security will be included in the development
contract to ensure protective measures are
installed and maintained and to guarantee
replacement of all significant trees that were to
be saved but were actually destroyed or damaged.
Section 41. Section 10- 4- 11.B.2 of the City Code is hereby amended to read as
follows:
2. The tree preservation plan must be certified by a
licensed or registered 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, also in tabular form.
d. Identification of all significant trees proposed
to be saved and significant trees proposed to be
removed, also in tabular form.
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.
27
(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.
Section 42. Section 10- 4- 11.B.3 of the City Code is hereby amended to read as
follows:
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.
Section 43. Section 10- 4- 11.B.4 of the City Code is hereby repealed.
Section 44. Section 10- 4- 11.B.5 of the City Code is hereby amended to read as
follows:
4. After mass grading has been completed and streets
and utilities installed, a licensed or registered
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.
Section 45. Section 10- 4- 11.B.6 of the City Code is hereby amended to read as
follows:
5. 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 in accordance with Section
10- 4 -11.D of this chapter.
Section 46. Section 10- 4- 11.B.7 of the City Code is hereby amended to read as
follows:
6. The financial security will be released upon: a)
certification in writing by a licensed or
registered 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.
Section 47. Section 10- 4- 11.C.1 of the City Code is hereby amended to read as
follows:
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
mass graded lot with at least one significant
tree. The plan shall be consistent with the
original tree preservation plan for the plat. The
homeowner, builder and a licensed or registered
forester or landscape architect shall meet prior
to the development of the individual lot tree
preservation plan to determine the placement of
the home where the fewest significant trees would
be destroyed or damaged. The builder will be
responsible for ensuring the tree preservation
plan is followed during building construction.
Section 48. Section 10- 4- 11.C.2 of the City Code is hereby amended to read as
follows:
2. The individual lot tree preservation plan must be
certified by a licensed or registered forester or
landscape architect and signed by the homeowner.
The forester or landscape architect will indicate
on the plan the following:
a. Size, species, tag number and location of
all significant trees.
29
b. Identification of all significant trees
proposed to be saved and significant trees
proposed to be removed.
C. Measures proposed to protect significant
trees shall include, but are not limited to:
(1) Installation of snow fencing or
polyethylene laminar safety netting
placed at the drip line.
(2) Placing fill against the trunk of the
tree, on the root crown, and under the
drip line of the tree shall be
prohibited.
(3) Installation of erosion control
methods.
(4) Prevention of change in soil chemistry
due to concrete washout and leakage or
spillage of toxic materials such as
fuels or paints.
(5) Pruning of oak trees must not take
place from April 15 through July 1. If
wounding of oak trees occurs, a
nontoxic tree wound dressing must be
applied immediately. Excavators must
have a nontoxic tree wound dressing
with them on the development site.
Section 49. Section 10- 4- 11.C.3.b of the City Code is hereby amended to read
as follows:
b. Certified individual lot tree preservation plan.
Section 50. Section 10- 4- 11.C.5 of the City Code is hereby amended to read as
follows:
5. Prior to the issuance of a certificate of occupancy
and release of tree preservation security, the
licensed or registered forester or landscape architect
shall certify to the city in writing the final
disposition of saved trees on the lot and that all the
tree protection measures identified on the tree
30
preservation plan were installed from the start of
construction to the end of construction and tree
replacement is completed, if necessary.
Section 51. Section 10- 4 -11.D of the City Code is hereby amended to read as
follows:
D. Tree Replacement Policy:
1. 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:
a. Deciduous trees: No less than two and one -
half inches (2 1 / 2 ") in diameter.
b. Coniferous trees: No less than six feet (6')
high as measured from the top of the ball to
the bottom of the leader branch.
Calipero aw—uted
fa" above GreuM
Cevel
Tree and Shrub
Measurement
2. Replacement trees shall be limited to those
specified in appendix B of the Lakeville corridor
31
f.ka& and CIS per. E %erWeen Tree Since
OMaW&Fdal Trey CknMumck Tme
and gateway design study, adopted on August 2,
1999, or as recommended in the management plan
for the south creek and tributary channel
corridors, or as approved by the zoning
administrator in accordance with established City
policy.
3. Location:
a. Replacement trees shall not be placed
srwithin easements or street rights of way.
b. The city shall approve the types, species
and locations of tree replacement for
subdividers' tree plans.
C. If tree replacement is required on the
individual lot because the builder destroyed
or damaged a tree which was to be saved, the
City and licensed or registered forester or
landscape architect shall determine where
the replacement trees shall be installed.
Section 52. Section 10 -5 -1.13.1 of the City Code is hereby amended to read as
follows:
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. Streetlights.
d. Erosion control.
e. Engineering, to include developer's design,
surveying and construction observation.
f. Landscaping.
g. Principal amount of special assessments
previously levied against the property together
with one year of interest.
32
h. Real estate tax for one year, if there are
special assessments.
i. City engineering fees.
j. Wetland mitigation.
k. Custom graded lots.
1. Removal of buildings, encroachments and temporary
improvements as required.
M. Tree preservation.
n. Lot corners /iron monuments.
o. Retaining walls.
P. Site restoration.
Q. Private signage and pavement markings.
R. Record drawings.
S. Grading certification.
T. Stormwater basins.
U. City legal expenses.
V. Abandonment of any wells or septic systems.
W. Undergrounding of utilities.
Section 53. Section 10 -5 -1.D of the City Code is hereby amended to read as
follows:
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 by City Council or one (1) year following
final acceptance by City Council of the final
33
bituminous wearing surface for city streets as
approved by the city engineer. The required warranty
period for materials and workmanship from the street
contractor installing public streets shall be one year
from the date of final acceptance by City Council of
the final bituminous wearing course. The required
period for sod, trees and landscaping shall be two (2)
years.
Section 54. Section 10 -5 -1.E of the City Code is hereby amended to read as
follows:
E. The subdivider is required to submit the final plat in
electronic format. The electronic format shall be
either AutoCAD.DWG file or a .DXF 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.
Section 55. Section 10 -5 -1.0 of the City Code is hereby amended to read as
follows:
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 seeded by the
developer if deemed necessary by the City Engineer.
Section 56. Section 10 -5 -1.G of the City Code is hereby amended to read as
follows:
G. Street signs of the design approved by the city
council shall be installed.
Section 57. Section 10 -5 -1.H of the City Code is hereby amended to read as
follows:
H. Driveway aprons and sidewalks of standard design or
pedestrian pathways as may be required by the city
council shall be installed.
34
Section 58. Section 10 -5 -1.1 of the City Code is hereby amended to include the
following provisions:
I. Prior to the release of the required grading security,
an as -built certificate of survey shall be submitted
to verify that the final as -built grades and
elevations of the lot and building and building
setbacks are consistent with the approved grading plan
for the development and amendments as approved by the
City Engineer and that all required property monuments
are in place.
Section 59. Section 10 -5 -5 of the City Code is hereby amended to read as
follows:
10 -5 -5: OFF SITE STORMWATER IMPROVEMENT CONSTRUCTION
CHARGE:
In accordance with the water resources management plan as a
condition of the subdivision approval, subdividers shall
pay a charge for the construction of off site stormwater
improvement. The square foot charge shall be established by
resolution of the city council. The subdivision will be
given a credit for any on site stormwater 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 ( / 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 based upon
the gross acreage of the subdivision less the area to be
dedicated to the city for stormwater basins, parks and
wetland, and right of way for state highways, county roads,
local arterial roadways and major collectors.
Section 60. This ordinance shall be in full force and effect upon its passage and
publication according to law.
ADOPTED by the City Council of the City of Lakeville, Minnesota, this 17th
day of May, 2010.
CITY OF LAKEVILLE
15
ATTEST:
Charlene Friedges, City Clerk
36
PUBLIC NOTICE
SUMMARY ORDINANCE NO.866
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE
10 OF THE LAKEVILLE CITY
CODE. THE SUBDIVISION
ORDINANCE, CONCERNING
NOMENCLATURE, SUBMITTAL
REQUIREMENTS, ENGINEERING
STANDARDS. SECURITIES AND
WARRANTY REQUIREMENTS
This ordinance amends the City's
subdivision ordinance concerning
nomenclature, submittal require-
ments, engineering standards, and
securities and warranty requirements.
Certain terms defined in the subdivi-
sion ordinance are amended. Informa-
tion required for administrative subdi-
visions. sketch plans, preliminary
plats and final plats has been changed.
Requirements for temporary
cul-de-sacs, right-of-way widths, side-
walks, MPTW, drainage and utility
easements, storm drainage, tree pres-
ervation, park land cash contributions,
securities, and warranties are
amended.
A printed copy of the entire ordi-
nance is available for inspection by
any person during the City Clerk's
regular office hours.
Approved for publication by the City
Council of the City of Lakeville. Min-
nesota, this 17th day of May. 2010.
CITY OF LAKEVILLE
BY: Holly Dahl, Mayor
ATTEST:
Charlene Friedges, City Clerk
2196651 5/20/10
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF DAKOTA )
SS
Tad Johnson, being duly sworn on oath says that he is the managing editor of the
newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts
which are stated below:
(A) The newspaper(s) has/have complied with all of the requirements constituting
qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07
and other applicable laws, as amended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper(s) and was printed and published once a week for one week; it was first published
on Thursday, the 20th day of May, 2010, and was therefore printed and published on every
Thursday to and including Thursday, the 20th day of May, 2010, and printed below is a copy
of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as
being the size and kind of type used in the composition and publication of the notice
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me on
this 20th day of May, 2010
Notary Public
Managing Editor
2196651