The purpose of this chapter is to establish standards for the installation of fencing, screening, and landscaping as may be required by other chapters of this title and to protect the general health, safety, and welfare of the city. (Ord. 674, sec. 1, 7-17-2000)

The design guidelines of the Lakeville corridor and gateway design study, adopted on August 2, 1999, are herein incorporated as the standard and requirements for development of applicable properties within the city. (Ord. 674, sec. 1, 7-17-2000)

Fences shall be permitted in all yards subject to the following:

   A.   Approval Required:

      1.   Approval by the zoning administrator in accordance with section 11-8-5 of this title is required for construction of any fence less than seven feet (7') in height within a front yard, within a yard subject to the buffer yard requirements of subsection 11-21-9E of this chapter, or for a property line fence.

      2.   A building permit is required for construction of any fence seven feet (7') in height or greater.

      3.   The approvals required under this subsection shall not apply to fences to be constructed on a farm when used for agricultural purposes as defined by this title.

   B.   Location: Fences constructed at the limits of a property shall comply with the following provisions:

      1.   Fences, including footings, shall be located entirely upon the private property for which the administrative approval or building permit has been issued.

      2.   The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by:

         a.   Locating their property irons; or

         b.   If the property lines cannot be located:

            (1)   The zoning administrator or the building official may require the owner of property upon which a fence now exists, or may require any property owner proposing to construct a fence to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or

            (2)   The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and the owner(s) of the adjoining properties enter into an agreement regarding the location of the fence to be recorded with the titles of the respective properties, subject to approval of an administrative permit.

      3.   No fences shall be placed on or extend into public rights of way or onto public property.

      4.   Fences in easements shall not impede the flow of water. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.

   C.   Construction And Maintenance:

      1.   Every fence shall be of substantial construction using material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement thereof.

      2.   Except as otherwise permitted, security fences, wherever allowed shall be constructed in such a manner, that no barbed ends shall be at the top.

      3.   Electric fences shall only be permitted in the A-P and RA Districts when related to agriculture, and on farms in other districts when related to agricultural purposes, but not as boundary fences.

      4.   Barbed wire fences shall only be permitted on farms related to agriculture except as provided for by subsection H3 of this section.

      5.   That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of- way.

      6.   Use of mesh HDPE plastic fencing or chicken wire fencing shall only be allowed on a temporary basis at active construction sites or for special events to provide crowd or parking control.

   D.   Solid Walls: Structurally engineered solid walls constructed of natural stone, brick or other masonry material up to eight feet (8') in height that are not part of buildings may be constructed only within commercial and industrial districts and the P-OS District by approval of an administrative permit.

   E.   Traffic Sight Visibility Triangle: On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by section 11-16-15 of this title.

   F.   Residential Fencing And Screening:

      1.   Height: Except as provided herein, the maximum height of a fence shall be six feet (6').

      2.   Rear Yards: Fences exceeding six feet (6') in height, but not greater than eight feet (8') in height, may be allowed within the rear yard provided that the fence is set back ten feet (10') from the rear lot line and five feet (5') from any side lot line.

      3.   Yards Abutting Public Rights-Of-Way: Fences located within front yards, within side yards of a corner lot, or within rear yards of a double frontage lot abutting a public right-of-way:

         a.   Fences located within the front yard shall not exceed four feet (4') in height and shall be at least seventy five percent (75%) open space for the passage of air and light.

         b.   Fences located within a required side yard of a corner lot abutting a public right-of-way or within the required rear yard of a double frontage lot abutting a public right-of-way shall not exceed six feet (6') in height and shall be no closer to the front lot line than a point intersecting the front line of the principal building.

         c.   A fence constructed within the front yard, within a required side yard of a corner lot abutting a public right-of-way, or within the required rear yard of a double frontage lot abutting a public right-of-way shall be set back ten feet (10') from the property line abutting a public right-of-way on lots of record and preliminary platted lots having legal standing established after January 1, 1994, except where additional setback is required for the traffic visibility triangle by subsection E of this section.

         d.   For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard.

   G.   Swimming Pool Protection:

      1.   Approval by the Zoning Administrator or their designee in accordance with section 11-8-5 of this title shall be required for swimming pools having a depth of twenty four inches (24") at any point and a surface area exceeding one hundred fifty (150) square feet.

      2.   Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

         a.   The proposed location of the pool and its relationship to the principal building on the lot.

         b.   The size of the pool.

         c.   Fencing and other fixtures existing and proposed on the lot, including utility location and trees.

         d.   The location, size, and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing, and the pool itself.

         e.   That the requirements contained in this subsection G2 and subsection G3 of this section will be satisfied including submission and approval of a site plan.

      3.   All swimming pools for which a permit is required and granted shall be provided with a physical barrier as a safeguard to prevent children from gaining uncontrolled access. This can be accomplished with fencing or the walls of a principal or accessory structure of sufficient density as to be impenetrable. The fence or wall shall be at least four feet (4') in height. The bottoms of the fences shall not be more than four inches (4") from the ground nor shall any open space in the fence be more than four inches (4"). Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of this subsection G need only be provided around the means of access on aboveground pools which have four feet (4') high, vertical or outward inclined side walls. Prior to filling the pool, the approved physical barrier must be completely in place and inspected and approved by the city building official.

      4.   In all residential districts, swimming pools and any attached or functionally related deck that is more than thirty inches (30") above grade shall:

         a.   Be set back at least ten feet (10') from all property lines, except for fences and pump enclosures.

         b.   Be set back at least ten feet (10') from the principal building on the lot, except that a deck, pergola, or other structure without a foundation that is attached to the principal building may encroach into this setback area.

         c.   Not be permitted in a front yard or in the area between the street right of way and the minimum required building side yard setback line, and shall not be located within a drainage or utility easement or required buffer yard.

   H.   Commercial, Institutional And Industrial Fencing:

      1.   Location:

         a.   Commercial districts and institutional uses:

            (1)   No fence shall be erected within a required front yard.

            (2)   Fences may be erected up to a height of eight feet (8') within a side yard, side yard abutting a public right-of-way of a corner lot, rear yard, or rear yard of a double frontage lot and shall be at least seventy five percent (75%) open space for the passage of air and light if abutting public right-of-way.

            (3)   Fences within a required front yard or fences erected to a height greater than eight (8') feet may be allowed by approval of a conditional use permit.

         b.   Industrial districts:

            (1)   Fences may be erected up to a maximum of eight feet (8') in height, except as may be allowed by approval of a conditional use.

            (2)   Fences extending across front yards and side yards abutting a public right of way shall be at least seventy five percent (75%) open space for the passage of air and light except as allowed by subsection H1b(3) of this section.

            (3)   Within the I-1 and I-2 districts, a privacy fence or solid wall may encroach into a required side yard of a corner lot or rear yard of a double frontage lot abutting a public right of way for those streets not classified as major collector or arterial by the transportation plan, except for Hamburg Avenue, by administrative permit provided that:

               (A)   The solid wall or privacy fence shall be set back fifteen feet (15') from the public right of way except where additional setback is required by subsection E of this section.

               (B)   The solid wall or privacy fence shall be constructed of a nonwood maintenance free material such as vinyl, stone, brick, split face block, textured or architectural concrete panels, synthetic or composite products, or similar materials as approved by the zoning administrator.

               (C)   Gates across driveways:

                  (i)   Gates accessing the site shall be set back a sufficient distance so as not to cause congestion in the public street.

                  (ii)   A lockbox issued by the Fire Department for emergency access shall be provided.

               (D)   The area on the street side of the solid wall or privacy fence shall be landscaped in accordance with subsection 11-21-9A1 of this chapter, except that the width of the landscape area shall be a minimum of fifteen feet (15').

      2.   Chainlink Fences: Except for fences accessory to essential services, chainlink fences within commercial districts shall be coated with integral color vinyl and shall not include vinyl, plastic or metal slats within the fence.

      3.   Barbed Wire Fences: Fences with barbed wire security arms shall be allowed only within the I-2 district as follows:

         a.   The fence, measured without the security arm, shall be erected to a minimum of six feet (6') in height.

         b.   The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public.

         c.   Such security arms shall be prohibited within a required front yard, or rear or side yard abutting a public street or when located along a property line abutting a residential use.

      4.   Fencing accessory to an airport use as defined by this title shall be exempt from the provisions of this section.

   I.   Special Purpose Fences: Fences for special purposes and fences differing in construction, height or setback that are not constructed within a required front yard may be permitted in any district as an interim use permit subject to chapter 5 of this title. (Ord. 840, sec. 1, 6-2-2008; amd. Ord. 867, sec. 59, 5-17-2010; Ord. 888, 2-21-2012; Ord. 948, 12-7-2015; Ord. 958, 3-21-2016; Ord. 996, 5-7-2018; Ord. 1015, 8-5-2019; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1052, sec. 5, 9-7-2021)

   A.   All exposed ground areas, including street boulevards, and areas not devoted to off street parking, drives, sidewalks, patios or other such improvements shall be landscaped with grass, shrubs, trees (except in boulevard portions of the public right of way) or other ornamental landscape materials within one year following the date of building occupancy, as determined by the certificate of occupancy. (Ord. 936, 3-16-2015)

   B.   All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered, and where landscaping is required as part of city approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the city.

   C.   Natural Landscaping: Any owner or occupant of a lot or parcel within a residential district established by section 11-45-1 of this title desiring natural landscaping may apply for a natural landscaping permit where native grasses and forbs may exceed eight inches (8") in height, subject to the review and approval by the Zoning Administrator; provided, that:

      1.   Application: An application for an administrative permit as provided for by chapter 8 of this title shall be submitted, including the following additional information:

         a.   Statement of intent and purpose in cultivating natural landscaping.

         b.   A site plan drawn to scale illustrating the following information:

            (1)   Lot lines.

            (2)   Location of principal and accessory buildings.

            (3)   Any drainage and utilities easements upon the property.

            (4)   Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property.

            (5)   Location of the proposed natural landscaping.

         c.   Latin and common names of the species the property owner or occupant plans to cultivate.

         d.   Name and address of the person(s) who will be responsible for maintenance of the natural landscaping.

         e.   A maintenance plan, which shall contain the following:

            (1)   Planting diagram showing the location and mature height of all specimens of natural landscaping; and

            (2)   Detailed information on the upkeep of each specimen; and

            (3)   Details of any long term maintenance required for natural landscaping; and

            (4)   Other information as may be required by the Zoning Administrator.

      2.   Setbacks. Natural landscaping shall be set back ten feet (10') from any lot line abutting a public right-of-way and five feet (5') from interior side and rear lot lines.

   D.   Fences and/or plantings placed upon utility easements are subject to removal by the city or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner. Trees on utility easements containing overhead wires shall not exceed fifteen feet (15') in height, and such trees shall be the property owner’s responsibility to maintain. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 1089, sec. 11, 5-6-2024)

   A.   Screening: Where any commercial, industrial or institutional use, except those within the C-CBD or I-CBD districts, abuts a residential district, that use shall provide screening along the property line abutting any property in the residential district. Screening shall also be provided on the side of a commercial, industrial or institutional use across the street from a residential district. All the screening specifically required by this title shall be subject to section 11-16-15 of this title related to traffic visibility and shall consist of a greenbelt strip as provided for below.

      1.   A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and shrubs and shall be a minimum of twenty feet (20') in width and of a sufficient density to provide a substantially continuous visual screen at maturity of the installed plantings. This planting strip shall be designed to provide continuous visual screening to a minimum height of eight feet (8'). The grade for determining height shall be the grade elevation of the building, parking lot or use for which the screening is providing protection, unless otherwise established by the zoning administrator. The planting plan and type of plantings shall require the approval of the zoning administrator.

      2.   A fence may also be installed, but not in lieu of the greenbelt. The fence shall be constructed of masonry, brick, vinyl or maintenance free composite materials. Such fence shall provide a solid screening effect and shall be a minimum of six feet (6') in height but shall not exceed eight feet (8') in height. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the zoning administrator. The design and materials used in constructing a required screening fence shall be subject to the approval of the zoning administrator. Fences in excess of eight feet (8') in height shall require an administrative permit subject to the approval of the zoning administrator.

      3.   Existing landscape material in good health and condition may be used to satisfy the requirements of this section in whole or part when, in the opinion of the zoning administrator, such material meets the requirements and intent of this chapter.

   B.   Landscaping: All residential, commercial, industrial, and institutional uses shall require the following landscaping:

      1.   Single-family dwellings in all zoning districts and two family uses within the RST-1 District shall provide a minimum of two (2) deciduous shade trees per lot. Tree species shall be limited to those identified on the City of Lakeville Building Permit Guidelines, except as otherwise approved by the City Forester.

      2.   Detached townhouses, two family, townhouse and multiple family uses shall comply with the landscape requirements of the RST-1, RM-1, RM-2, RM-3, RH-1, RH-1, M-1, and M-2 Districts.

      3.   Commercial, industrial, and institutional uses shall submit a landscape plan as provided for by Section 11-21-9.C of this section with an emphasis upon the following areas:

         a.   The boundary or perimeter of the proposed site at points adjoining other property.

         b.   The immediate perimeter of the structure.

         c.   The perimeter of off-street parking areas and loading areas in accordance with section 11-21-9.D of this chapter.

      4.   Residential buffer yards shall be installed as required by section 11-21-9.E of this chapter.

   C.   Standards And Criteria: All landscaping required by this section shall conform to the following standards and criteria: (Ord. 867, sec. 60, 5-17-2010)

      1.   Minimum Size: All plants must at least equal the following minimum size in conformance with American Nursery Association standards measured from the top of the ball or container to the top of the tree/shrub or bottom of the evergreen leader as shown below:

 

      2.   Spacing of Required Plantings:

         a.   Tree centers shall not be located closer than ten feet (10') from the fence line or property line and shrub centers shall not be less than five feet (5') from the fence or property line. Trees and shrubs shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the zoning administrator.

         b.   Where plant materials are planted in two (2) or more rows to comply with the minimum width of a required greenbelt, plantings shall be staggered in rows unless otherwise approved by the zoning administrator.

         c.   Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted so that their branches are touching at the narrowest projected mature canopy width.

         d.   Where massing of plants or screening is intended, large deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.

         e.   Trees shall be planted outside of drainage and utility easements unless approved by the zoning administrator.

         f.   The mature coniferous tree, ornamental tree, and shrub canopy shall remain within the lot without encroaching into another lot or public right-of-way with the required minimum setback to be determined by the zoning administrator based on the species of tree or shrub.

      3.   Acceptable Tree Species: Trees suitable for complying with this section shall be limited to those identified on the City of Lakeville Building Permit Guidelines, except as otherwise approved by the zoning administrator.

      4.   Design (Except For Pond Slopes Which Shall Be Subject To The Review And Approval Of The City Engineer):

         a.   The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc.) which are largely intended for aesthetic purposes.

         b.   All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the zoning administrator.

         c.   Turf slopes in excess of three to one (3:1) are prohibited.

         d.   All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting.

         e.   Properties developed after May 17, 2010, with detached townhouse, two-family, townhouse or multiple-family dwelling units within the RST-2, RM or RH district and all commercial, industrial or institutional uses shall provide an exterior inground irrigation system within the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished.

         f.   Trees and shrubs shall not be planted in the right of way except for developments within the RM-3, RH-CBD, C-CBD, M-2, and planned unit development districts incorporating requirements for landscape maintenance agreements or designated streets as determined by the city council.

         g.   All plants required as part of an approved landscaping plan shall be maintained and kept alive and in good condition. Dead plants or plants in poor health or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the zoning administrator. Any species substitutions for replacement trees or shrubs shall be subject to approval by the zoning administrator and must be demarcated on the final approved landscape plan submitted to the planning department.

      5.   Earth Berms: Earth berms shall be physical barriers that block or screen the view similar to a hedge, fence or wall.

         a.   Height: The height of the required earth berm shall be measured from:

            (1)   Existing grade located next to but not on the earth berm when provided next to a common property line;

            (2)   The grade of the parking lot when used to screen off street parking areas; and

            (3)   From the centerline of the street or center of the railroad tracks when used to screen property from adjacent rights of way.

         b.   Construction: Earth berms shall be constructed with slopes no steeper than one foot (1') vertical for each three feet (3') horizontal, with a minimum two foot (2') wide crest on top of the berm or as required for residential buffer yards. Earth berms may undulate in height and from side to side, provided that the minimum opacity requirements are met.

         c.   Protection From Erosion: All earth berms shall be planted with sod, ground cover, or other suitable live plant material to protect the earth berm from erosion so that it retains its height and shape.

         d.   Elevation Difference Does Not Constitute Earth Berm: A difference in elevation between areas requiring screening does not constitute an existing earth berm and shall not be considered as fulfilling any screening requirement for the purposes of this section unless otherwise provided for.

         e.   Topsoil: The earth berm shall contain no less than six inches (6") of topsoil.

      6.   Landscape Guarantee:

         a.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed.

         b.   All plants shall be alive, in good health, of good quality and structural condition, and insect and disease free at the end of the warranty period or be replaced.

         c.   Any replacements shall be warranted for twelve (12) months from the time of planting.

   D.   Off Street Parking Areas: All off street parking areas with five (5) or more parking spaces or any parking area within twenty feet (20') of a residential zoning district shall be screened from view as follows:

      1.   Installation of shade, ornamental and/or evergreen trees at the perimeter of the parking area in accordance with the spacing requirements of subsections A and C of this section.

      2.   For all commercial and institutional uses, and for those industrial uses abutting a major collector or arterial street, a continuous opaque barrier with a maximum height of thirty six inches (36") shall be provided along the perimeter abutting public rights-of-way and residentially zoned properties that consists of plantings, hedges, decorative or ornamental fences, walls or earth berms or any combination thereof.

      3.   Landscaping shall be set back two feet (2') from parking stalls to allow parking of vehicles without extending over the landscaped area.

   E.   Residential Buffer Yards: Except for lots of record or preliminary platted lots having legal standing established on January 1, 1994, the following additional lot requirements and screening provisions shall be required for parcels abutting major collector or arterial streets as designated by the Lakeville transportation plan:

      1.   Lot And Setback Requirements:

         a.   For double frontage lots, the following standards shall apply:

 

 

      b.   For corner lots where the side yard abuts the major collector or arterial street, the following standards shall apply:

 

 

      c.   For lots preliminary platted after February 16, 1999, the following principal building setback requirements shall apply to the yard of a lot abutting a major collector or arterial street:

 

 

      2.   Screening Plan Required: For applicable subdivisions, a comprehensive screening plan shall be submitted. The plan shall identify all proposed buffer screening in both plan and sectional view. A certified grading plan shall be provided prior to installation of any plantings to verify consistency with the approved grading and screening plan.

      3.   Timing/Responsibility Of Installation: Weather permitting, all buffers, berms, and/or plantings shall be constructed or planted prior to the issuance of a final certificate of occupancy.

      4.   Maintenance:

         a.   Maintenance of the buffer yard berms, plantings, and/or fences shall be the responsibility of the individual property owners or, if applicable, the homeowners’ association.

         b.   The color of the screening wall or fence shall be uniform along its entire length and comply with the standards established by the Lakeville corridor and gateway design study, dated August 2, 1999. Any modifications to the screening wall or fence shall require the approval of the zoning administrator.

         c.   All repairs to the screening wall or fence shall be consistent with the original screening wall or fence design in regard to location and appearance.

         d.    All plants required as part of an approved landscaping plan shall be maintained and kept alive and in good condition. Dead plants or plants in poor health or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the zoning administrator. Any species substitutions for replacement trees or shrubs shall be subject to approval by the zoning administrator and must be demarcated on the final approved landscape plan submitted to the planning department.

         e.   All repair or plant replacement shall be done within forty five (45) days of written notification from the city or if applicable, the homeowners’ association.

      5.   Design Standards:

         a.   Buffer Yards: Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer a minimum height of ten feet (10'):

            (1)   The height of the buffer yard shall be measured along a line drawn at the back of the curb of the roadway, or the edge of bituminous, to the ground elevation at the rear line of the building pad to the height of the plantings to be installed as defined by this section.

            (2)   Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than eight feet (8') above the grade of an adjacent major collector or arterial street, the minimum screening height requirements of this section shall not apply.

            (3)   Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than six feet (6') below the centerline grade of an adjacent major collector or arterial street, the minimum screening height requirements shall be reduced by four feet (4') along major collector or arterial streets.

         b.    Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following:

            (1)   Tree centers shall not be located closer than ten feet (10') from the fence line or property line and shrub centers shall not be less than five feet (5') from the fence or property line. Trees and shrubs shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the zoning administrator.

            (2)   Landscape screen plant material shall be in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.

            (3)   Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants.

            (4)   Deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.

            (5)   Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted so that their branches are touching at the narrowest projected mature canopy width.

            (6)   The mature coniferous tree, ornamental tree, and shrub canopy not encroach into the public right-of-way with the required minimum setback to be determined by the zoning administrator based on the species of tree or shrub.

         c.   Walls And Fences: All walls and fences erected within designated buffer yards shall meet the following conditions:

            (1)   Walls and fences formally approved as part of the subdivision and site plan process shall conform to all of the requirements of this section.

            (2)   At least fifty percent (50%) of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height.

            (3)   Fences may be exposed no more than a maximum length of twenty feet (20') between landscaping areas or clusters.

            (4)   For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard.

            (5)   Fences and landscaping shall not be located within the “traffic sight visibility triangle” as defined in section 11-16-15 of this title.

         d.   Earth Berms: Earth berms within designated buffer yards shall adhere to the following:

            (1)   The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the city engineer.

            (2)   The earth berm shall contain no less than four inches (4") of topsoil. (Ord. 799, sec. 2, 1-17-2006; amd. Ord. 867, sec. 60, 5-17-2010; Ord. 897, 12-3-2012; Ord. 976, 3-6-2017; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1089, secs. 12, 13, 5-6-2024; Ord. 1109, 8-18-2025)

   A.   Purpose. The purpose of this section is to identify trees that are to be saved when development or land disturbing activity is occurring in wooded areas. It is the city’s intent to protect, preserve, and enhance the natural environment of Lakeville and to encourage a resourceful and prudent approach to the development of wooded areas. In the interest of achieving these objectives, the city has established tree preservation regulations to promote the following:

      1.   Protection and preservation of the environment, the benefits that trees and woodlands provide to the community, and the natural beauty of the city.

      2.   Assurance of orderly development within wooded areas to minimize tree and habitat loss.

      3.   Evaluation of the impacts to trees and wooded areas resulting from development.

      4.    Establishment of minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal.

      5.   Reflect the developer’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, stormwater basins, and other physical features such that the minimum number of significant trees are damaged or removed as a result of development.

   B.   Scope. The following types of development within the city shall require a tree preservation plan regardless of zoning district:

      1.   New development at the time of application for subdivision approval in accordance with title 10 of this code.

      2.   New development requiring site plan approval in accordance with chapter 9 of this title.

      3.   Application for building permit for infill development involving new single family or two-family (duplex) construction on a vacant lot of record.

      4.   Application for building permit for reconstruction or expansion of an existing residential principal building that enlarges the footprint of the original existing structure on lots equal to or larger than 1 acre in size not including easements or right of way shall require a tree preservation plan prepared by the property owner or licensed or certified forester, licensed landscape architect, International Society of Arboriculture (ISA) Certified Arborist, or a Registered Consultant Arborist (RCA) preparing the plan for heritage trees located on the lot.

      5.   Land disturbing activities as regulated by section 11-16-7 of this title.

   C.   Incentives. As an incentive to protect heritage trees or significant woodlands, the city will allow the following:

      1.   Heritage Tree Credit. A credit may be applied to the required tree replacement if a healthy heritage tree within a subject property is preserved.

      2.   Significant Woodland Credit. A credit may be applied to the required tree replacement if a significant woodland area within a subject property is preserved. Credits will be given for significant or heritage trees within the significant woodland.

      3.   Trees and woodlands eligible for the credits provided for by this section shall be approved by the city forester as healthy trees worth saving.

      4.   Credit shall not be approved for trees located within fifteen feet (15') of a building pad.

      5.   A credit in diameter inches will be applied at a ratio of two inches of replacement for one inch preserved (2:1) up to fifty percent (50%) of the required replacement diameter inches.

      6.   If a tree for which a credit is provided does not survive two (2) years after construction, the developer shall be required to pay the cash fee in lieu of replacement planting fee in accordance with the city fee schedule in effect at the time the tree preservation plan was approved.

   D.   Implementation, Administration, and Compliance:

      1.   No land disturbance or removal of trees shall occur within properties subject to the provisions of this section until a tree preservation plan and tree replacement plan has been approved by the city forester.

      2.   Tree Removal Prior To Development:

         a.   A developer shall be responsible for replacement tree planting for the total removal of trees within an area greater than two (2) acres occurring within two (2) years of an application for development subject to the provisions of this section.

         b.   The replacement schedule for tree removal prior to development shall be calculated at one (1) replacement tree that complies with section 11-21-11.G.2 of this section for every three hundred (300) square feet of trees removed, with fractions thereof rounded up to the next whole number.

      3.   Inspection. A developer shall implement the tree preservation plan as approved by the city forester prior to and during any land disturbance or construction activities; the city forester shall determine whether compliance with the tree preservation plan has been met and shall have the right to inspect the subject property to determine compliance with the approved tree preservation plan.

      4.   Tree Protection Removal. Tree protection measures as approved on the tree preservation plan shall remain in place until all land disturbing and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the city forester.

      5.   Preserved Tree Mitigation. If significant tree(s) or heritage trees identified to be preserved on the approved tree preservation plan is removed or damaged to the point that the city forester believes the tree will not survive, the developer shall provide replacement trees for one hundred percent (100%) of the diameter inches removed, or pay to the City a tree replacement fee in the amount set forth in the City fee schedule.

   E.   Tree Preservation Plan Required. A tree preservation plan shall be prepared and submitted in accordance with the following provisions:

      1.   Information Required. The tree preservation plan shall be a separate plan sheet(s) that includes the following information:

         a.   The name(s), telephone number(s), email address(es), and mailing address(es) of the person(s) responsible for tree preservation during the course of the development project.

         b.   A tree inventory in both graphic and tabular form, indicating the size, species, general condition, and location of all existing significant and heritage trees located within the subject property. All significant and heritage trees shall be tagged in the field for reference on the tree preservation plan.

         c.   Trees that were planted as part of a commercial business, such as a tree farm or nursery, that the developer shall provide sufficient evidence of to support the determination by the city forester that the trees were planted as part of a commercial business do not need to be inventoried on an individual tree basis, but a general description of the trees and an outer boundary of the planted area must be provided.

         d.   A listing of the total diameter inches of healthy significant and heritage trees inventoried, not including exempt trees as identified in section F.4 of this section.

         e.   A listing of the total diameter inches of healthy significant, heritage, and hardwood deciduous, and coniferous trees and common trees to be removed.

         f.   Delineation of all areas to be graded and limits of land disturbance.

         g.   Locations of the proposed buildings, structures, and impervious surfaces for each lot including custom graded lots.

         h.   Identification in both graphic and tabular form of all significant and heritage trees proposed to be saved or removed within the construction area.

         i.   Outer boundary of all contiguous significant wooded areas to be saved.

         j.   Tree protection measures to preserve significant and heritage trees to be saved, including required protective measures and any additional protective measures.

         k.   Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule in both graphic and tabular form.

      2.   Certification. All tree preservation plans and tree replacement plans shall require the signature of the licensed or certified forester, licensed landscape architect, International Society of Arboriculture (ISA) Certified Arborist, or a Registered Consultant Arborist (RCA) preparing the plan.

   F.   Allowed Tree Removal:

      1.   Heritage Trees. Trees defined as heritage trees are unique to Lakeville due to their size and age. All reasonable measures shall be taken to preserve these trees; All diameter inches of heritage tree removed shall require replacement in accordance with the replacement schedule established by section 11-21-11.G of this section.

      2.   Residential Districts:

         a.   Development in residential districts may remove or disturb up to forty percent (40%) of the total diameter inches of significant trees without replacement requirement; any tree removal or disturbance beyond this threshold shall require replacement tree planting.

         b.   The following calculation procedure shall be used to determine tree replacement requirements:

            (1)   Determine the total number of diameter inches of significant trees within the subject property.

            (2)   Calculate forty percent (40%) of the total diameter inches of significant trees within the subject property to determine the allowed tree removal limit, or the number of diameter inches allowed to be removed without replacement.

            (3)   Subtract the total diameter inches of common trees that will be removed from the allowed tree removal limit;

            (4)   If any diameter inches remain, subtract the total diameter of significant coniferous trees that will be removed from the remaining allowed tree removal limit;

            (5)   If any diameter inches remain, subtract the total diameter inches of significant hardwood deciduous trees that will be removed from the remaining allowable tree removal limit.

            (6)   If at any point in the above calculation procedure the number of inches to be removed exceeds the forty percent (40%) allowable removal limit, the remaining inches of removal above the removal limit shall require replacement as provided for by section 11-21-11.G of this section.

      3.   Mixed Use, Commercial, Industrial, and Special Districts:

         a.   Development in mixed use. commercial, industrial, and special districts may remove up to seventy percent (70%) of the total diameter inches of significant trees without replacement; any removal or disturbance of trees beyond this threshold shall require replacement tree planting or mitigation.

         b.   The following calculation procedure shall be used to determine tree replacement requirements:

            (1)   Determine the total number of diameter inches of significant trees within the subject property.

            (2)   Calculate seventy percent (70%) of the total diameter inches of significant trees within the subject property to determine the allowed tree removal limit, or the number of diameter inches allowed to be removed without replacement.

            (3)   Subtract the total diameter inches of common trees that will be removed from the allowed tree removal limit;

            (4)   If any diameter inches remain, subtract the total diameter of significant coniferous trees that will be removed from the remaining allowed tree removal limit;

            (5)   If any diameter inches remain, subtract the total diameter inches of significant hardwood deciduous trees that will be removed from the remaining allowable tree removal limit.

            (6)   If at any point in the above calculation procedure the number of inches to be removed exceeds the seventy percent (70%) allowable removal limit, the remaining inches of removal above the removal limit shall require replacement as provided for by section 11-21-11.G of this section.

      4.   Exceptions. Any trees removed or disturbed under the following circumstances shall be exempt from removal threshold calculation:

         a.   Dead trees.

         b.   Any living or standing tree infected to any degree with a shade tree disease or shade tree pest, unless properly treated under the direction of a professional arborist or City Forester.

         c.   Trees listed as invasive by the Minnesota Department of Agriculture;

         d.   Trees planted as part of a commercial operation including a tree farm or orchard.

         e.   Trees located within the right-of-way of major collector and arterial streets.

   G.   Tree Replacement Requirements:

      1.   If the diameter inches of trees removed exceed the allowed removal threshold determined in accordance with section 11-21-11.F of this section, the remaining inches of removal above the removal limit shall be replaced according to the following replacement schedule, adjusted for tree type as follows:

         a.   Common trees: Twelve and one-half percent (12.5%) of the diameter inches removed above the removal limit shall be replaced.

         b.   Conifer trees:

            (1)   Twenty five percent (25%) of the diameter inches removed above the removal limit must be replaced.

            (2)   Coniferous species shall be replaced with new trees, either coniferous or deciduous, at a rate of twenty five percent (25%) the diameter inches removed.

         c.   Hardwood deciduous trees: Fifty percent (50%) of the diameter inches removed above the removal limit shall be replaced with new deciduous or coniferous tree diameter inches.

         d.   Heritage trees: One hundred percent (100%) of diameter inches removed must be replaced.

         e.   Trees indicated on the tree preservation plan to be saved but ultimately were removed or damaged shall be replaced at one hundred percent (100%) of the diameter inches removed.

         f.   The reconstruction or expansion of existing residential primary structures on lots larger than one (1) acre shall require each heritage tree removed to be replaced at a rate of two (2) replacement trees that comply with section 11-21-11.G.2 for every one (1) heritage tree removed.

      2.   Replacement trees shall consist of certified nursery stock that meet the American Standard for Nursery Stock and be not less than the following sizes:

         a.   Deciduous: Not less than two and one-half caliper inches (2.5").

         b.   Coniferous: Not less than six feet (6') feet in height, which shall be equivalent to 2.5" caliper when determining replacement requirements.

         c.   Replacement trees may be larger than two and one-half caliper inches (2.5") or six feet (6') in height, as applicable, but the additional size shall only be credited for at the minimum required caliper inches or height.

         d.   Replacement tree species shall be limited to those identified on the City of Lakeville Building Permit Guidelines, except as otherwise approved by the city forester, and the following:

            (1)   Where ten (10) or more replacement trees are required, not more than twenty percent (20%) shall be of the same genus.

            (2)    Ornamental tree species of a lesser size may comprise up to fifteen percent (15%) of the required replacement diameter inches provided that the required total replacement diameter inches is met.

      3.   Required tree replacements shall be shown in graphic and tabular form on a landscape plan prepared and signed by a licensed forester or a registered landscape architect in accordance with section 11-21-9.C of this chapter and the following:

         a.   The location of replacement trees shall be approved by the city forester.

         b.   Replacement trees shall be planted on the same property or development area from which the trees were removed. Replacement trees shall not be placed on easements or street rights-of-way, except as allowed by the City Engineer.

         c.   If tree replacement is required within an individual lot because the builder removed or damaged a tree that identified to be saved on the approved tree preservation plan, the forester or landscape architect shall determine where the replacement trees shall be installed.

         d.   Trees planted on an individual lot basis as required by section 11-21-9.B of this chapter shall not be credited as replacement tree diameter inches, except for those trees planted as a residential landscape buffer yard in accordance with section 11-21-9.E of this chapter.

      4.   Cash Contribution:

         a.   The city recognizes that there may be developments where required tree replacement cannot practically be accomplished within the subject property.

         b.   In lieu of planting replacement diameter inches, the city may require a cash fee as established by the city fee schedule.

         c.   The city may at its discretion, elect to require to receive a combination of planting of replacement trees and payment of cash fees in lieu of planting replacement trees.

         d.   Cash fees accepted by the city in lieu of (or in combination with) planting of replacement trees shall be placed in the community planting fund and used only for reforestation projects, forest improvement projects, or public acquisition of forested lands in the city.

   5.   Warranty requirement.

         a.   All trees identified to be preserved shall be guaranteed to be alive, in good health, and of good quality and structural condition for two (2) years from the date of project completion.

         b.   All trees planted as replacement trees in accordance with this section shall be guaranteed to be alive, in good health, and of good quality and structural condition for twelve (12) months from the time of planting.

         c.   Warranty Replacement:

            (1)   Any tree identified to be preserved or replacement tree which is not alive or healthy, as determined by the city forester, before the expiration of the warranty period shall be removed and replaced with a new tree meeting the requirements for a replacement tree required by section 11-21-11.G of this section.

            (2)   The warranty replacement tree shall be planted within eight (8) months of removal.

            (3)   The warranty replacement tree shall be guaranteed to be alive, in good health, and of good quality and structural condition for twelve (12) months from the time of planting.

   H.   Required Protective Measures. The tree preservation plan shall identify and require the following measures to be utilized to protect significant trees:

      1.   Prior to land disturbance or construction activity, orange polyethylene laminar safety netting or chain link fencing, four feet (4') in height shall be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, heritage trees, and significant woodlands to be preserved to define the tree protection zone.

      2.   No land disturbance or construction activity shall occur within the tree protection zone.

      3.   Storage, operation, or parking of vehicles, construction equipment, or construction materials within a tree protection zone shall be prohibited.

      4.   Root pruning at the edge of a tree protection zone shall be completed by hand or with a machine designated for root sawing prior to grading or other soil disturbance.

      5.   Oak Trees:

         a.   Oak trees shall not be pruned, wounded, or damaged (roots, bark, branches, etc.) between the dates of April 1 and July 30.

         b.   Contractors shall have a nontoxic tree wound dressing with them on the development site; if wounding of oak trees occurs, a nontoxic tree wound dressing must be applied immediately.

      6.   Implementation of measures approved by the city engineer to prevent change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

   I.   Additional Protective Measures. The following tree protection measures are recommended to protect significant trees that are to be preserved according to the approved tree preservation plan, and may be required as determined necessary by the city forester:

      1.   Installation of retaining walls or tree wells to preserve trees.

      2.   Placement of utilities in common trenches outside of the tree protection zone of significant trees, or use of tunneled installation.

      3.   Use of tree root aeration to mitigate compacted soils

      4.   Provision of supplemental irrigation during the growing season when dry weather occurs.

      5.   Installation of tree protection measures to protect and preserve trees located on abutting properties or the public right-of-way.

   J.   Performance Security. The developer shall provide a performance security to the city in accordance with the city fee schedule. 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 destroyed or damaged. (Ord. 1109, 8-18-2025)

All rooftop and ground mounted mechanical equipment of residential buildings having five (5) units or more and of nonresidential buildings shall comply with the following standards:

   A.   All rooftop and ground mounted mechanical equipment shall be screened so as to mitigate noise in compliance with section 11-16-25 of this title.

   B.   All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

   C.   Rooftop mechanical equipment less than three feet (3') in height may be exempt from screening requirements by the zoning administrator. (Ord. 674, sec. 1, 7-17-2000)